Case: EEOC v. THE HOME DEPOT

2:03-cv-04860 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 24, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The EEOC's New York district office sued The Home Depot, a national hardware supplier, on September 24, 2003 in the U.S. District Court for the Eastern District of New York. The EEOC's complaint alleged that The Home Depot violated the Americans with Disabilities Act when it discriminated against the intervenor employee, who intervened in July 2004, by failing to accommodate her intellectual disability and firing her because of her disability. After a series of status/management conferences an…

The EEOC's New York district office sued The Home Depot, a national hardware supplier, on September 24, 2003 in the U.S. District Court for the Eastern District of New York. The EEOC's complaint alleged that The Home Depot violated the Americans with Disabilities Act when it discriminated against the intervenor employee, who intervened in July 2004, by failing to accommodate her intellectual disability and firing her because of her disability.

After a series of status/management conferences and repeated mediation attempts, the parties entered into a consent decree on September 17, 2005. The consent decree stipulated that The Home Depot would not discriminate based on disability, would not retaliate against individuals asserting rights under the ADA, would maintain non-discrimination policies to ensure compliance with the ADA, would add training concerning compliance with the ADA to its pre-existing anti-discrimination training, would post notice of compliance with the ADA, and would pay the intervenor $75,000 in damages. The consent decree lasted for two years, and the case is now closed.

Summary Authors

Aaron Weismann (6/5/2007)

Documents in the Clearinghouse

Document

2:03-cv-04860

Docket

EEOC v. The Home Depot

Jan. 17, 2006

Jan. 17, 2006

Docket
1

2:03-cv-04860

Complaint

EEOC v. The Home Depot

Sept. 24, 2003

Sept. 24, 2003

Complaint
33

2:03-cv-04860

Intervenor Complaint

EEOC v. The Home Depot

Sept. 1, 2004

Sept. 1, 2004

Complaint
64-2

2:03-cv-04860

Consent Decree with Exhibits

EEOC v. The Home Depot

Oct. 11, 2005

Oct. 11, 2005

Settlement Agreement

EEOC Litigation Settlement Report (October 2005)

EEOC v. The Home Depot

No Court

Oct. 31, 2005

Oct. 31, 2005

Press Release

Resources

Docket

Last updated April 16, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Summons Issued against The Home Depot filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Romano, Daniel) Modified on 9/30/2003 (Romano, Daniel). (Entered: 09/30/2003)

Sept. 24, 2003

Sept. 24, 2003

2

MOTION for Leave to Appear Pro Hac Vice; for an order admitting Paul E. Mirengoff, Esq. and Donald R. Livingston, Esq. pro hac vice, purs. to Local Rule 1.3(c), filed by The Home Depot. (Fagan, Linda) (Entered: 12/09/2003)

Nov. 21, 2003

Nov. 21, 2003

3

AFFIDAVIT of Michelle A. Burg in Support re [2] MOTION for Leave to Appear Pro Hac Vice; for an order admitting Paul E. Mirengoff, Esq. and Donald R. Livingston, Esq. pro hac vice, purs. to Local Rule 1.3(c), filed by The Home Depot. (Fagan, Linda) (Entered: 12/09/2003)

Nov. 21, 2003

Nov. 21, 2003

6

ANSWER to Complaint by The Home Depot.(Valle, Christine) (Entered: 01/12/2004)

Nov. 21, 2003

Nov. 21, 2003

7

DISCLOSURE of Interested Parties by The Home Depot.(Valle, Christine) (Entered: 01/12/2004)

Nov. 21, 2003

Nov. 21, 2003

Filing fee paid: Received $25.00, receipt number 286162, from: Akin, Gump, Strauss, Hauer & Feld LLP re: Admission Pro Hac Vice. (Fagan, Linda) (Entered: 12/09/2003)

Nov. 24, 2003

Nov. 24, 2003

4

ORDER; granting [2] Motion for Leave to Appear. It is ordered that Paul E. Mirengoff, Esq. and Donald R. Livingston, Esq. of Akin, Gump, Strauss, Hauer & Feld, LLP are hereby admitted pro hac vice to appear and participate in this case before this Court in accordance with Local Civl Rule 1.3(c) of the United States Court for the Eastern District of New York. ( Signed by JudgeJoanna Seybert on 12/2/03.) c/m (Fagan, Linda) (Entered: 12/09/2003)

Dec. 2, 2003

Dec. 2, 2003

8

AMENDED COMPLAINT and Jury Trial Demand against The Home Depot, filed by Equal Employment Opportunity Commission.(Valle, Christine) (Entered: 01/21/2004)

Jan. 6, 2004

Jan. 6, 2004

5

Letter dated 1/8/04 from Jorge Guzman to Carol McMahon Re: As per our conversation on 1/6/04, here is a copy of the answer and the corporate disclosure statement which was filed in Court on 11/21/03 but was never docketed. (Valle, Christine) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

9

ANSWER to Amended Complaint by The Home Depot.(Valle, Christine) (Entered: 02/09/2004)

Jan. 21, 2004

Jan. 21, 2004

10

Letter dated 2/9/04 from Michelle A. Burg to Judge Seybert Re: To request that Your Honor provide a copy of all orders, notices and other correspondence to Paul E. Mirengoff, Esq as lead counsel at Akin Gump Strauss Hauer & Feld LLP. (Valle, Christine) (Entered: 03/08/2004)

Feb. 11, 2004

Feb. 11, 2004

11

MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) by Carolyn Pisani. (Barhome, Sydelle) (Entered: 03/10/2004)

Feb. 24, 2004

Feb. 24, 2004

12

MEMORANDUM in Support re [11] MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) by Carolyn Pisani. (Barhome, Sydelle) (Entered: 03/10/2004)

Feb. 24, 2004

Feb. 24, 2004

13

NOTICE of Motion by Carolyn Pisani re [11] MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) (Barhome, Sydelle) (Entered: 03/10/2004)

Feb. 24, 2004

Feb. 24, 2004

15

Letter dated 2/26/04 from Sunu P. Chandy to Clerk of Court Re: This letter serves to inform the Court that EEOC is in support of pltff Intervenor Carolyn Pisani's Motion to Intervene in this matter. (Valle, Christine) (Entered: 03/30/2004)

March 1, 2004

March 1, 2004

16

Letter dated 2/26/04 from Sunu P. Chandy to Clerk of Court Re: This letter serves to inform the Court that EEOC is in support of pltff Intervenor Carolyn Pisani's Motion to Intervene in this matter. (Valle, Christine) (Entered: 03/31/2004)

March 1, 2004

March 1, 2004

17

Letter dated 3/5/04 from Michelle A. Burg to Clerk of Court Re: Enclosed for filing, please find Dft Home Depot's Memorandum of Law in Opposition to Motion to Intervene. (Valle, Christine) (Entered: 03/31/2004)

March 8, 2004

March 8, 2004

18

MEMORANDUM in Opposition Re: [11] MOTION to Intervene as of Right as Party Pltff Pursuant to Federal Rules of Civil Procedure Rule 24(a) by The Home Depot. (Valle, Christine) (Entered: 03/31/2004)

March 8, 2004

March 8, 2004

22

ORDER - Initial Conference set for 4/14/2004 at 09:30AM before Magistrate-Judge Michael L. Orenstein. Signed by Judge Michael L. Orenstein on 3/9/04. C/M(Valle, Christine) (Entered: 04/08/2004)

March 9, 2004

March 9, 2004

19

Letter dated 3/12/04 from Marc Andrew Kramer to Clerk of Court Re: Enclosed for filing is Pltff-Intervenor's Memorandum of Law in Further Support of Motion to Intervene and Affidavit of Marc Andrew Kramer, with supporting exhibits. (Valle, Christine) (Entered: 04/05/2004)

March 15, 2004

March 15, 2004

20

MEMORANDUM OF LAW in Further Support Re: [11] MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) by Carolyn Pisani. (Valle, Christine) (Entered: 04/05/2004)

March 15, 2004

March 15, 2004

21

AFFIDAVIT of Marc Andrew Kramer in Support Re: [11] MOTION to Intervene as of Right as Party Plf Pursuant to Federal Rules of Civil Procedure Rule 24(a) filed by Carolyn Pisani. (Valle, Christine) (Entered: 04/05/2004)

March 15, 2004

March 15, 2004

14

Letter dated 3/15/04 from Michele A. Burg to Magistrate Orenstein Re: advising the Court that Paul E. Mirengoff has been admitted pro hac vice pursuant to Judge Seybert's Order of 12/3/03 as well as requesting that he be provided all order, notices and other correspondence. (Imrie, Robert) (Entered: 03/24/2004)

March 17, 2004

March 17, 2004

28

Letter from Marc Andrew Kramer to Hon. Michael L. Orenstein, dated 4/6/04 re: To advise the Court of the enclosed Report of Parties' Planning Meeting and Proposed Case Management Schedule purs. to F.R.C.P. 26 (f). (Fagan, Linda) (Entered: 04/28/2004)

April 12, 2004

April 12, 2004

29

REPORT Of Parties' Planning Meeting And Proposed Case Management Schedule, filed by Equal Employment Opportunity Commission, Carolyn Pisani, The Home Depot (Fagan, Linda) (Entered: 04/28/2004)

April 12, 2004

April 12, 2004

23

Minute Entry for proceedings held before Michael L. Orenstein: Civil Cause for Initial Conference Hearing held on 4/14/2004 at 9:30AM. Counsel for all sides present. (Valle, Christine) (Entered: 04/23/2004)

April 14, 2004

April 14, 2004

24

SCHEDULING ORDER: Pretrial Conference set for 10/22/2004 at 02:00PM before Chief Magistrate Michael L. Orenstein. Discovery due by 9/30/2004. All expert discovery including expert depositions due by 1/15/2005. Signed by Judge Michael L. Orenstein on 4/14/04. (Valle, Christine) (Entered: 04/23/2004)

April 14, 2004

April 14, 2004

25

Notice of MOTION for Leave to Appear Pro Hac Vice as to attorney Esther Gwen Tamburo; Fee: 25.00; Receipt #292537 by The Home Depot. (Valle, Christine) (Entered: 04/27/2004)

April 14, 2004

April 14, 2004

26

AFFIDAVIT of Michelle A. Burg in Support Re: [25] Notice of MOTION for Leave to Appear Pro Hac Vice as to attorney Esther Gwen Tamburo; Fee: 25.00; Receipt #292537 filed by The Home Depot. (Valle, Christine) (Entered: 04/27/2004)

April 14, 2004

April 14, 2004

27

ORDER - Granting [25] Motion for Leave to Appear Pro Hac Vice. It is Ordered that Esther Gwen Tamburo, Esq of Akin, Gump, Strauss, Hauer & Feld, LLP is hereby admitted pro hac vice to appear and participate in this case before this Court in accordance with Local Civil Rule 1.3(c) of the United States Court for the Eastern District of New York. Signed by JudgeJoanna Seybert on 4/15/04. C/M (Valle, Christine) (Entered: 04/27/2004)

April 15, 2004

April 15, 2004

ENDORSED ORDER re [30] Letter: The motion to intervene has not yet been decided. All motions are considered in due course. So Ordered.. Signed by Judge Joanna Seybert on 4/27/04. (Barhome, Sydelle) (Entered: 05/07/2004)

April 19, 2004

April 19, 2004

30

Letter dtd. 4/21/04 from L. Susan Scelzo Slavin to Hon. J. Seybert seeking clarification from the Court with regard to the motion to intervene. (Barhome, Sydelle) (Entered: 05/07/2004)

April 21, 2004

April 21, 2004

31

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER - It is hereby stipulated and agreed, by and between the undersigned counsel for the parties: The categories of documents set forth herein, to be disclosed during the course of this litigation by any party listed above shall be designated as and treated as confidential during the discovery phase of this litigation and shall be utilized by such receiving party solely in that context. Signed by Judge Joanna Seybert on 6/9/04. (Valle, Christine) (Entered: 06/30/2004)

June 9, 2004

June 9, 2004

Case reassigned to Judge James Orenstein. Judge Michael L. Orenstein no longer assigned to the case. (Bowens, Priscilla) (Entered: 06/30/2004)

June 29, 2004

June 29, 2004

32

ORDER granting [11] Motion to Intervene. Plaintiff-Intervenor cannot add a claim against the unnamed defts not can she add the Rehabilitation Act claim against the deft because it is time-barred. Signed by Judge Joanna Seybert on 7/29/04. c/m (Mahon, Cinthia) (Entered: 08/26/2004)

July 29, 2004

July 29, 2004

Incorrect Case-Document Information filed.docket entry--complaint- filed--9/1/04 --numbered--33 has been deleted. Counsel will refile document using proper event - Intervenor Complaint (McMahon, Carol) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

33

First Intervenor COMPLAINT and Jury Demand , filed by Carolyn Pisani.(Slavin, L.) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

34

ORDER OF RECUSAL. Judge James Orenstein recused. Signed by Judge James Orenstein on 9/10/04. Ms. Grossman shall advise all parties of this Order. (Branciforte, Ralph) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

35

CERTIFICATE OF SERVICE by Carolyn Pisani re 33 Intervenor Complaint and Jury Demand (Kramer, Marc) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

Case reassigned to Judge Dora Lizette Irizarry. Judge Joanna Seybert no longer assigned to the case. (Bowens, Priscilla) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

36

Letter from Michelle A. Burg to The Honorable Dora L. Irizarry Regarding Deposition of Joseph Pisani. (Burg, Michelle) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

Case assigned to Judge A. Simon Chrein. (Bowens, Priscilla) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

37

Letter from Michelle A. Burg, dated 9/29/04 to Honorable A. Simon Chrein Regarding rescheduling Mr. Pisani's and Mr. DuBois' depositions after September 30, 2004. (Burg, Michelle) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

38

ANSWER to Complaint Defendant Home Depot U.S.A., Inc.'s Answer and Defenses to Plaintiff-Intervenor's Complaint. by The Home Depot. (Burg, Michelle) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

39

ORDER: counsel for Home Depot U.S.A. is granted permission to take the depositions of Mr. Pisani and Mr. DuBois after 9/30/2004. Signed by Judge A. Simon Chrein, on 9/30/2004. (Endorsed on letter dated 9/29/2004 from Michelle A. Burg to USMJ Chrein) (Barrett, C.) (Entered: 10/01/2004)

Oct. 1, 2004

Oct. 1, 2004

40

Minute Entry for proceedings held before A. Simon Chrein : Status Conference held on 10/28/2004. Discovery is scheduled to end 1/15/2005. Deft will file a pre-motion letter by 2/14/2005. Plaintiff to advise Magistrate in writing when motion is determined. (Lee, Tiffeny) (Entered: 11/12/2004)

Oct. 28, 2004

Oct. 28, 2004

41

Letter from Esther G. Tamburo to Magistrate Judge A. Simon Chrein Regarding the filing of an Emergency Motion on behalf of Defendant Home Depot. (Burg, Michelle) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

42

Notice of MOTION to Compel the mental examination of Intervenor Carolyn Pisani by The Home Depot. (Burg, Michelle) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

43

MEMORANDUM in Support re 42 Notice of MOTION to Compel the mental examination of Intervenor Carolyn Pisani by The Home Depot. (Burg, Michelle) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

44

RESPONSE to Motion re 42 Notice of MOTION to Compel the mental examination of Intervenor Carolyn Pisani filed by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Letter to EEOC Response# 2 Chandy Declaration# 3 Exhibit Exh. A - Dr. Knight Report# 4 Exhibit Exh B - Complaint# 5 Exhibit Exhibit C - Order# 6 Exhibit Exh D- 6/18/04 Letter# 7 Exhibit Exh E- 8/3/04 Letter# 8 Exhibit Exh F- 10/28 Letter# 9 Exhibit Exh G- Reyes# 10 Exhibit Exh H- Hirsch) (Chandy, Sunu) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

45

Minute Entry for proceedings held before Dora Lizette Irizarry: Status Conference held on 11/19/2004. 42 MOTION to Compel the mental examination of Intervenor Carolyn Pisani filed by The Home Depot is granted in part and denied in part, see calendar for complete ruling and further details. (ESR: O. Francis) (Lee, Tiffeny) (Entered: 11/23/2004)

Nov. 19, 2004

Nov. 19, 2004

46

TRANSCRIPT of Conference for date of 11/19/04 before Judge Dora L. Irizarry. Court Transcriber: Aria Transcriptionsr. (Williams-Jackson, Sandy) (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

47

Letter from Michelle A. Burg to Judge Dora L. Irizarry and Magistrate Judge A. Simon Chrein Regarding Clarification of Order dated October 28, 2004. (Burg, Michelle) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

48

Letter from Paul E. Mirengoff to Honorable Dora L. Irizarry and Honorable A. Simon Chrein Regarding Pre-Motion Conference. (Burg, Michelle) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

ORDER re 48 Letter - A pre-motion conference will be held in this matter on WEDNESDAY, MARCH 9, 2005 at 4:00 p.m. Counsel for all sides must participate. Counsel for DEFENDANT is directed to notify all counsel immediately of this conference date and time. Applications for adjournment must be made on consent, via ecf, at least 48 hours prior to the scheduled conference.SO ORDERED by Judge Dora Lizette Irizarry on 2/16/05. (Irizarry, Dora) (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

49

Letter from Plaintiffs to Judge Irizarry and Magistrate Judge Chrein dated 2/18/05 Regarding Response to Defendant's Letter Seeking Leave to File Summary Judgment Motion. (Chandy, Sunu) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

Set Deadlines/Hearings: Status Conference set for 3/9/2005 04:30 PM or as soon thereafter as counsel may be heard before Magistrate-Judge Viktor V. Pohorelsky (temporarily substituting for Judge Chrein); counsel are to report to Room 521 for the conference immediately after the premotion conference before Judge Irizarry concludes. (Pohorelsky, Viktor) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

AMENDED ORDER re Order, The pre-motion conference previously scheduled for Wednesday, March 9, 2005 at 4:00 PM is hereby adjourned by the Court to WEDNESDAY, MARCH 30, 2005 at 4:30 PM. Counsel for DEFENDANT is directed to notify all counsel immediately of the new conference date and time. Applications for adjournment must be made on consent, via ecf, at least 48 hours prior to the scheduled conference. SO ORDERED by Judge Dora Lizette Irizarry on 3/2/05. (Irizarry, Dora) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

Email Test - DO NOT REPLY. (Barrett, C.) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

Email Test - DO NOT REPLY (Lee, Tiffeny) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

50

Letter from Michelle A. Burg, Esq. to Honorable Dora L. Irizarry Regarding Request for an extension of time to submit the proposed joint pretrial order.. (Burg, Michelle) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

51

Letter from Michelle A. Burg, Esq. to Honorable Viktor V. Pohorelsky Regarding confirming conversation with Chambers on 3/4/05 regarding upcoming status conference in this matter. (Burg, Michelle) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

ORDER re 50 Letter --- ELECTRONIC ENDORSED ORDER: Application is GRANTED. The filing of a proposed joint pretrial order is held in abeyance pending the outcome of the premotion conference to be held on March 30, 2005 at 4:30 P.M. SO ORDERED by Judge Dora Lizette Irizarry on 03/07/05. (Irizarry, Dora) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

Minute Entry for proceedings held before Dora Lizette Irizarry : Pre Motion Conference held on 3/30/2005. Case called. Counsel for all sides present. For E.E.O.C.: Sunu P. Chandy; For Plaintiff Intervenor Pisani: Marc Andrew Kramer; For Defendant: Paul Mierngoff. This matter is referred to mediation. Filing of dispositive motion(s) and proposed JPTO are held in abeyance pending outcome of mediation. (Court Reporter Fred Guerino.) (Carosella, Christy) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

ORAL ORDER REFERRING CASE to Mediation --- Issued on the record at pre-motion conference held on 3/30/05.SO ORDERED by Judge Dora Lizette Irizarry on 3/30/05. (Irizarry, Dora) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

53

Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky : Status Conference held on 3/30/2005. see annexed conference calendar for details (Newton, Joan) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

ORDER REFERRING CASE to Mediation.Selection of Mediator due by 4/13/2005.SO ORDERED by Judge Dora Lizette Irizarry on 03/30/05. (Irizarry, Dora) (Entered: 03/30/2005)

March 30, 2005

March 30, 2005

54

MEDIATION Instructions sent to Counsel. Letter of Instructions document ATTACHED. COUNSELS are to schedule the mediation and confirm in writing by April 14, 2005 to Gerald P. Lepp, ADR Administrator, the name of the mediator and the date of the first mediation session. COUNSELS are to confer with each other and to speak with the Mediator in selecting a Mediator and the Mediation session date(s). See the attached instructions. See the web pages: http://www.nyed.uscourts.gov/adr/ http://www.nyed.circ2.dcn/dadr/ REGISTER for ECF if you have not yet done so. Thank you. See: http://www.nyed.uscourts.gov/CM_ECF/ECF_FAQ/ecf_faq.html(Lepp, Gerald)(dc) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

Case reassigned to Judge Viktor V. Pohorelsky. Judge A. Simon Chrein no longer assigned to the case. (Bowens, Priscilla) (Entered: 04/11/2005)

April 11, 2005

April 11, 2005

55

Letter from Michelle A. Burg to Gerald P. Lepp, Esq. Regarding Selection of Mediator. (Burg, Michelle) (Entered: 04/14/2005)

April 14, 2005

April 14, 2005

56

Letter from Plaintiff EEOC to Gerald Lepp Regarding New Mediation Date. (Chandy, Sunu) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

SELECTION OF MEDIATOR Vivien B. Shelanski rep by Vivien B. Shelanski selected as Mediator. Mediation is scheduled for 06/27/2005, see attachment 56.(Lepp, Gerald) (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

REPORT of Mediation UNSETTLED.(Lepp, Gerald) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

REPORT of Mediation. Parties have advised that they are continuing thier negotiations, and will advise the status to the ADR Administrator by July 22, 2005.(Lepp, Gerald) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

ELECTRONIC SCHEDULING ORDER --- A status conference will be held on Friday, August 5, 2005 at 3:30 PM in courtroom #343 before the undersigned. Counsel for all parties must attend. Applications for adjournment must be made via ecf, on consent and for good cause shown, at least 48 hours in advance of the conference date. Ordered by Judge Dora Lizette Irizarry on 7/12/05. (Irizarry, Dora) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

REPORT of Mediation Parties have advised that they are continuing their negotiations, and will advise the status to the ADR Administrator by August 5, 2005.(Lepp, Gerald) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

57

NOTICE of Change of Address/Telephone/E-mail by L. Susan Slavin (Slavin, L.) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

Minute Entry for proceedings held before Dora Lizette Irizarry: Pre Motion Conference held on 8/5/2005. Case called. Counsel for Plaintiff Intervenor not present. For EEOC: Sunu Chandy; For Defendant: Esther Tamburo. The case will continue mediation. The parties are directed to provide a letter status report to the Court, via ecf, by 9/6/05. (Court Reporter Marsha Diamond.) (Carosella, Christy) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

REPORT of Mediation The parties advised that they are continuing negotiations, and will advise the status to the ADR Administrator by 9/6/05.(Lepp, Gerald) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

58

Letter from Michelle A. Burg to Judge Irizarry Regarding the status of the settlement negotitations. (Burg, Michelle) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

59

Letter from Esther G. Tamburo to Judge Irizarry Regarding the status of settlement negotiations. (Burg, Michelle) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

60

Letter from Plaintiff EEOC to Judge Irizarry Regarding Status Update. (Chandy, Sunu) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

ELECTRONIC ENDORSED ORDER re 59 Letter, 60 Letter -- Plaintiff's request for a conference before the undersigned in light of deadlocked settlement negotiations is DENIED. However, this matter is referred to Magistrate Judge Viktor V. Pohorelski for further proceedings in preparation for trial. SO ORDERED by Judge Dora Lizette Irizarry on 09/19/05. Irizarry, Dora) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

61

Letter from Michelle A. Burg to Judge Irizarry Regarding request for a pre-motion conference in order to seek leave to move for summary judgment on all claims in this action. (Burg, Michelle) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

ELECTRONIC ENDORSED ORDER re 61 Letter --- Defendant's request for a premotion conference is denied as this matter has been referred to Magistrate Judge Pohorelsky for futher proceedings in preparation for trial. Should a briefing schedule be required for any proposed motions, that schedule will be set by Magistrate Judge Pohorelsky. Ordered by Judge Dora Lizette Irizarry on 9/22/2005. (Irizarry, Dora) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

62

SCHEDULING ORDER: Conference scheduled for 10/11/05 at 3:00 p.m. See annexed order for details. Ordered by Judge Viktor V. Pohorelsky on 9/26/05. (Newton, Joan) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

63

Letter from Plaintiff EEOC to Judge Irizarry and Judge Pohorelsky Regarding Settlement/Ct Conference. (Chandy, Sunu) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

ORDER, by electronic endorsement, re 63 Letter. The conference scheduled for 10/11/05 at 3:00 p.m. is adjourned to 11/10/05 at 4:00 p.m. All counsel must attend in person unless a stipulation of dismissal has been filed with the clerk of court by close of business on 11/9/05. Ordered by Judge Viktor V. Pohorelsky on 10/5/05. (Newton, Joan) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

64

Letter from Plaintiff EEOC to Judge Irizarry Regarding Consent Decree for Review and Signature. (Attachments: # 1 Consent Decree# 2 Exhibit A - Reasonable Accommodation Policy# 3 B -Job Coach Policy# 4 Exhibit C -Notice for Posting)(Chandy, Sunu) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

ELECTRONIC ENDORSED ORDER re 64 Letter --- ORDERED that the Consent Decree executed and filed by the parties is hereby APPROVED, ADJUDGED AND DECREED. Intervening plaintiff shall file a stipulation of dismissal for the undersigned's approval on or before November 9, 2005. SO ORDERED by Judge Dora Lizette Irizarry on 10/17/05. (Irizarry, Dora) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

SCHEDULING ORDER (Corrected): The conference scheduled for November 10, 2005 at 4:00 p.m. has been rescheduled to Wednesday, November 16, 2005 at 2:00 p.m. Counsel for the parties must appear in person unless a stipulation of dismissal has been filed with the clerk of court by the close of business on 11/14/05 . Ordered by Judge Viktor V. Pohorelsky on 11/9/05. (Newton, Joan) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

ELECTRONIC ORDER -- By Order dated October 17, 2005, the undersigned approved a consent decree which embodied the settlement terms agreed to by and between the parties and directed the intervening plaintiff, EEOC, to file a stipulation of discontinuance for this court's approval on or before November 9, 2005. Plaintiff, EEOC has failed to do so. Since the parties have settled this matter, it is hereby ORDERED, that this action is DISCONTINUED with prejudice and without costs to any party, but with leave to re-open if the settlement agreement is not consummated and application for reinstatement is made within sixty (60) days of the date of this Order. SO ORDERED by Judge Dora Lizette Irizarry on 11/10/05. (Irizarry, Dora) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

65

Letter from Plaintiff EEOC to Judge Irizarry Regarding Clarification Re: Nov. 10th Order. (Chandy, Sunu) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

66

Letter from Michelle A. Burg to Honorable Dora L. Irizarry Regarding Adjournment of Conference. (Burg, Michelle) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

ORDER re 66 Letter, by electronic endorsement: In view of Judge Irizarry's Order of November 10, 2005 closing this case, the conference scheduled before Judge Pohorelsky for November 16, 2005 is canceled. Ordered by Judge Viktor V. Pohorelsky on 11/15/2005. (Pohorelsky, Viktor) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

67

STIPULATION of Dismissal With Prejudice by The Home Depot. (Burg, Michelle) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 24, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

The Home Depot (Setauket, NY), Private Entity/Person

The Home Depot, Private Entity/Person

Case Details

Causes of Action:

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

42 U.S.C. § 1981

State Anti-Discrimination Law

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 75000

Order Duration: 2005 - 2007

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

Discrimination-area:

Disparate Treatment

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit