Case: EEOC v. ADESA

1:05-cv-00692 | U.S. District Court for the Western District of New York

Filed Date: Sept. 30, 2005

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this suit against ADESA New York, Inc., a vehicle auctioning company, in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged that the company discharged employees because of their age in violation of the Age Discrimination in Employment Act (ADEA). The parties were referred to mediation in September 2006, and the case was settled by entry of a consent decree in May 2007. The three year consent dec…

The New York District Office of the EEOC brought this suit against ADESA New York, Inc., a vehicle auctioning company, in the U.S. District Court for the Western District of New York in September 2005. The complaint alleged that the company discharged employees because of their age in violation of the Age Discrimination in Employment Act (ADEA). The parties were referred to mediation in September 2006, and the case was settled by entry of a consent decree in May 2007. The three year consent decree enjoined the defendant from committing age discrimination, and required the following: training on the ADEA; posting and distribution of employment rights; and compliance reporting. The complainants were paid $200,000, although the distribution of the funds is unknown because the monetary settlement was filed under seal. The complainants were also entitled to expungement of their employment records and neutral references. The decree was to last for three years. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Kevin Wilemon (8/1/2008)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

1:05-cv-00692

Docket (PACER)

Equal Employment Opportunity Commission v. ADESA New York, Inc.

May 31, 2007

May 31, 2007

Docket
1

1:05-cv-00692

Complaint

EEOC v. ADESA New York, Inc.

Sept. 30, 2005

Sept. 30, 2005

Complaint
6

1:05-cv-00692

Amended Complaint

EEOC v. ADESA New York, Inc.

Dec. 22, 2005

Dec. 22, 2005

Complaint
33

1:05-cv-00692

Consent Decree

EEOC v. ADESA New York, Inc.

May 31, 2007

May 31, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12218373/equal-employment-opportunity-commission-v-adesa-new-york-inc/

Last updated March 23, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ADESA New York, Inc., filed by Equal Employment Opportunity Commission.(JDK, ) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER

Summons Issued as to ADESA New York, Inc.. (JDK, )

Sept. 30, 2005

Sept. 30, 2005

PACER
2

ANSWER to Complaint with Jury Demand by ADESA New York, Inc..(Molloy, Mark) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

RECAP
3

NOTICE of Appearance by Maria Salacuse on behalf of Equal Employment Opportunity Commission (Salacuse, Maria) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER

Set/Reset Hearings: Rule 16(b) Scheduling Conference set for 12/29/2005 03:15 PM before Hon. John T. Elfvin. The Court directs trial counsel to appear for rule 16 (b) conference. (It is strongly encouraged that the conference can be done by telephone (716) 551-4226; however, this must be pre-arranged by 12/22/05, in writing, with all parties agreeing as to who will initiate the conference call.) NOTICE: Failure to appear in person -- or by telephone, if pre-arranged -- may result in a dismissal of the lawsuit or an entry of default. (JBS, )

Dec. 8, 2005

Dec. 8, 2005

PACER

Remark : Notice of Rule 16(b) Conference mailed to Lisa Sirkin and Stella N. Yamada. (JBS, )

Dec. 8, 2005

Dec. 8, 2005

PACER
4

Consent MOTION to Amend/Correct 1 Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Amended Complaint# 2 Text of Proposed Order)(Salacuse, Maria) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
5

ORDER granting 4 Motion to Amend or Correct the Complaint. Signed by Judge John T. Elfvin on 12/20/05. (RAZ) The Rule 16 conference now scheduled for 12/29/05 at 3:15 p.m. is cancelled due to the anticipated filing of the Amended Complaint. (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

PACER

Reset Hearings: Rule 16 Conference set for 12/29/2005 at 3:15 PM before Hon. John T. Elfvin. CONFERENCE CANCELLED IN ERROR in docket entry 5 . (RAZ)

Dec. 22, 2005

Dec. 22, 2005

PACER
6

AMENDED COMPLAINT (only correcting proper name of Defendant) against ADESA New York, Inc., filed by Equal Employment Opportunity Commission.(Salacuse, Maria) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

PACER

Minute Entry for proceedings held before Judge John T. Elfvin : Rule 16(b) Scheduling Conference scheduled to be held on 12/29/2005. Court was advised by counsel that this case was to be consolidated with a case assigned to Judge Skretny involving two of the named plaintiffs in this case. Court will transfer this case to Judge Skretny. Appearances via telephone: Maria Salacuse and Mark A. Molloy. (JBS, )

Dec. 29, 2005

Dec. 29, 2005

PACER
7

ORDER REASSIGNING CASE. Case reassigned to Judge William M. Skretny for all further proceedings. Judge John T. Elfvin no longer assigned to case. Signed by Hon. John T. Elfvin on 1/17/06. (RAZ) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
8

NON-DISPOSITIVE REFERRAL ORDER REFERRING CASE to Magistrate Judge H. Kenneth Schroeder, Jr. Signed by Hon. William M. Skretny on 1/27/2006. (Dzielski, J.) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
9

ORDER OF PRELIMINARY PRETRIAL CONFERENCE: Preliminary Pretrial Conferenceset for 3/13/2006 10:00 AM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 1/30/06. (Attachments: # 1 # 2 # 3)(LMG) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
10

TEXT ORDER: The Preliminary Pretrial Conference scheduled to be held with the Hon. H. Kenneth Schroeder, Jr. on 3/13/2006 at 10:00 a.m. is hereby adjourned pending resolution of the motion to consolidate filed in 05-CV-0896S. Issued by Hon. H. Kenneth Schroeder Jr. on 2/27/06. (LMG) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
11

NON-DISPOSITIVE REFERRAL ORDER amending prior Referral Order of 1/30/2006. This case is now referred to Magistrate Judge Hugh B. Scott. Signed by Hon. William M. Skretny on 3/6/2006. (Dzielski, J.) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
12

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDERParties invited to brief motion to consolidate cases in Noble v. Adesa, Inc., et al., Case No. 05CV896. Responses due by 3/31/2006; Replies due by 4/13/2006. Oral Argument set for Tues., 4/25/2006, 10:30 AM, before Hon. Hugh B. Scott.Scheduling Conference in this action held in abeyance pending disposition of motion to consolidate cases.So Ordered. Signed by Hon. Hugh B. Scott on 3/8/2006. (DRH) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

PACER
13

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re 12 Order, Set Deadlines/HearingsPursuant to the Order issued in Noble v. Adesa, Inc., No. 05CV896, Docket No. 12 and attached hereto, Responses to Motion to consolidate (Docket No. 9) in that action due by 4/14/2006; Replies due by 4/28/2006. Oral Argument set for Tues., 5/2/2006, 10:30 AM, before Hon. Hugh B. Scott. Parties invited to brief responses to that motion and appear at argument. So Ordered. Signed by Hon. Hugh B. Scott on 3/30/2006. (DRH) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
14

MEMORANDUM IN SUPPORT re 13 Terminate Deadlines and Hearings,,, Order,,, Set Deadlines/Hearings,,, 12 Order,,, Set Deadlines/Hearings,, Response in Support of Plaintiffs Noble & Metz' Motion to Consolidate Actions byEqual Employment Opportunity Commission. (Salacuse, Maria) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
15

MEMORANDUM/BRIEF Response In Support of Plaintiffs Noble & Metz' Opposition to Defendants' Objection to Report and Recommendation, Case No. 05-CV-896 by Equal Employment Opportunity Commission. (Yamada, Stella) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
16

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER Scheduling Conference set for Wed., 9/27/2006, 2:00 PM, before Hon. Hugh B. Scott. So Ordered. Signed by Hon. Hugh B. Scott on 8/28/2006. (DRH) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

PACER
17

Proposed Pretrial Order (Proposed Discovery Plan) by ADESA New York, Inc.. (Molloy, Mark) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER
18

HONORABLE HUGH B. SCOTTTEXT OF MINUTE ENTRYFor proceedings held before Magistrate Judge Hugh B. Scott:Stella Yamada, Esq., for plaintiff; Mark Molloy, Esq., for defendant.Scheduling Conference held on 9/27/2006. Parties express interest in ADR. Scheduling Order to be entered as well as order referring to ADR. (DRH) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

PACER
19

ORDER REFERRING CASE to Mediation.Signed by the Hon. William M. Skretny on 9/28/2006. (MEAL) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

PACER
20

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTSCHEDULING ORDER:Join Parties/Amend Pleadings due by 10/27/2006. Stipulation of Selection of Mediator due by 10/16/2006. First Mediation Session due by 11/27/2006. Mediation To End by 3/27/2007.Plaintiff Expert Witness ID due by 1/8/2007. Defendant Expert Witness ID due by 2/12/2007. Motions to Compel Discovery due by 2/27/2007. Discovery due by 3/27/2007. Motions due by 6/27/2007. Pretrial Statements due by 8/3/2007. Final Pretrial Conference set for Wed., 8/22/2007, 9:00 AM, before Hon. William M. Skretny. Jury Trial set for Tues., 10/16/2007, 9:30 AM, before Hon. William M. Skretny. So Ordered. Signed by Hon. Hugh B. Scott on 9/29/2006. (DRH) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER
21

ORDER Designating Alice J. Kryzan, Esq. as Mediator in this case.Signed by the Hon. William M. Skretny on 11/2/2006. (MEAL) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
22

Consent MOTION to Select Mediator by ADESA New York, Inc..(Molloy, Mark) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
23

AFFIDAVIT re 22 Consent MOTION to Select Mediator by ADESA New York, Inc.. (Attachments: # 1 Exhibit A)(Molloy, Mark) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
24

Stipulation-Selection of Mediator by ADESA New York, Inc.. (Molloy, Mark) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
25

TEXT ORDER. IT HEREBY IS ORDERED that 22 Defendant's Motion permitting the parties to select a mediator, to which Plaintiff consents, is GRANTED. Ann Evanko will serve as mediator pursuant to the parties' stipulation. SO ORDERED. Issued by the Hon. William M. Skretny on 11/7/2006. (MEAL) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
26

Mediation Certification by Ann E. Evanko(Evanko, Ann) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
27

CERTIFICATE OF SERVICE by Ann E. Evanko re 26 Mediation Certification (Evanko, Ann) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
28

Joint MOTION to Seal Exhibit A of the Consent Decree by EEOC and by ADESA New York, Inc.. (Attachments: # 1 Affirmation of Mark A. Molloy# 2 Declaration of Stella N. Yamada# 3 Exhibit 1 (Proposed Order))(Molloy, Mark) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
29

MEMORANDUM IN SUPPORT re 28 Joint MOTION to Seal Exhibit A of the Consent Decree by EEOC and byADESA New York, Inc.. (Molloy, Mark) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
30

SEALED MOTION by Equal Employment Opportunity Commission, ADESA New York, Inc.. (Attachments: # 1 Exhibit Proposed Order)(JDK, ) (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

PACER
31

Sealed Document/Joint Memorandum of Law. (JDK, ) (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

PACER
32

Sealed Document/Order. (JDK, ) (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

PACER
33

CONSENT DECREE / ORDER . Signed by Hon. William M. Skretny on 5/30/07. (JDK, ) (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

PACER
34

Sealed Document/Exhibit A. (JDK, ) (Entered: 06/01/2007)

May 31, 2007

May 31, 2007

PACER

File is archived at the Federal Records Center. Location information: Accession 021-10-1311 Box _57 ____To obtain copies of documents for a fee, you may contact the Federal Records Center directly at their website: http://www.archives.gov/frc/. They will require the location information contained in this entry. You may also contact the Clerks Office to have the file shipped to the Court for your review or for copies of documents. Please refer to the current fee schedule to determine the cost to obtain documents or order the file for review. The fee schedule is located on our Public Web Site: http://www.nywd.uscourts.gov/fee-schedule

July 24, 2019

July 24, 2019

PACER

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. 30, 2005

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

ADESA New York, Inc. (Erie County, New York), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

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: 200000

Order Duration: 2007 - 2010

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits