Case: EEOC v. FUN IN MOTION, INC.

1:05-cv-06889 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 7, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The EEOC's Chicago office filed this suit on December 7, 2005 in the U.S. District Court for the Northern District of Illinois, Chicago Division. The complaint alleged that defendant Fun In Motion, Inc. violated Title VII by subjecting a female employee to sexual harassment and discharge in retaliation for complaining of sexual harassment. The complainant intervened in the suit.

On July 26, 2006 the court received notice from the parties that the case would settle. The consent decree was filed on July 31, 2006 and entered into the record on August 4, 2006. The defendant agreed to pay the complainant $21,500. The defendant also agreed to provide training for its managers, supervisors, and human resources personnel, keep records of complaints of sexual harassment and report to the EEOC regarding complaints during the two year decree. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Jason Chester (8/23/2007)

Clearinghouse (6/13/2017)

People


Judge(s)

Filip, Mark R. (Illinois)

Judge(s)

Filip, Mark R. (Illinois)

show all people

Documents in the Clearinghouse

Document

1:05-cv-06889

Docket [PACER]

EEOC v. Fun in Motion, Inc.

Aug. 4, 2006

Aug. 4, 2006

Docket
1

1:05-cv-06889

Complaint

EEOC v. Fun in Motion, Inc.

Dec. 7, 2005

Dec. 7, 2005

Complaint
19

1:05-cv-06889

Plaintiff-Intervenor's Complaint

EEOC v. Fun in Motion, Inc.

Feb. 15, 2006

Feb. 15, 2006

Complaint

1:05-cv-06889

"Two Federal Courts: EEOC Can Correspond with Class Members in Lawsuits Without Interference"

EEOC v. Fun in Motion, Inc.

No Court

March 31, 2006

March 31, 2006

Press Release
56

1:05-cv-06889

Consent Decree

EEOC v. Fun in Motion, Inc.

July 31, 2006

July 31, 2006

Settlement Agreement

Resources

Docket

Last updated March 26, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(gcy, ) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

2

CIVIL Cover Sheet. (gcy, ) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

4

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Diane Ilene Smason. (gcy, ) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

5

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by John C. Hendrickson. (gcy, ) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

6

MINUTE entry before Judge Mark Filip : Status hearing set for 1/19/2006 at 09:30 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report within two days prior to status. (See Judges web page for status report) Mailed notice (tbk, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

7

ATTORNEY Appearance for Defendant Fun In Motion Inc by Mark J. Unterberger. (gcy, ) (Entered: 01/03/2006)

Dec. 29, 2005

Dec. 29, 2005

8

ATTORNEY Appearance for Defendant Fun In Motion Inc by Carol A. Poplawski (Poplawski, Carol) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

9

WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Fun In Motion Inc waiver sent on 12/8/2005, answer due 2/6/2006. (Attachments: # 1 Certificate of Service)(Henry, Ann) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

10

ANSWER to Complaint by Fun In Motion Inc(Poplawski, Carol) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

11

STATUS Report by Equal Employment Opportunity Commission, Fun In Motion Inc (Poplawski, Carol) (Entered: 01/11/2006)

Jan. 11, 2006

Jan. 11, 2006

12

ATTORNEY Appearance Plaintiff-Intervenor Danielle D'Ambrosio (Bishof, John) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

13

MOTION by proposed Danielle D'Ambrosio to intervene as Plaintiff-Intervenor (Bishof, John) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

14

NOTICE of Motion by John S. Bishof, Jr for presentment of motion to intervene13 before Honorable Mark Filip on 1/19/2006 at 09:30 AM. (Bishof, John) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

15

MINUTE entry before Judge Mark Filip : Status hearing held and continued to 3/20/06 at 9:30 a.m. Motion by proposed Danielle D'Ambrosio to intervene as Plaintiff-Intervenor 13 is granted without opposition. Rule 26 disclosures to be exchanged on or before 2/2/06. Initial written discovery request to be issued on or before 2/9/06. Mailed notices (gcy, ) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

16

MOTION by proposed Danielle D'Ambrosio for leave to file her Complaint as Plaintiff-Intervenor (Bishof, John) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

17

NOTICE of Motion by John S. Bishof, Jr for presentment of motion for leave to file16 before Honorable Mark Filip on 2/15/2006 at 09:30 AM. (Bishof, John) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

19

INTERVENOR complaint filed by Danielle D'Ambrosio against Fun In Motion Inc(Bishof, John) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

20

NOTICE by Danielle D'Ambrosio of Filing Plaintiff-Intervenor's Complaint (Bishof, John) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

21

MINUTE entry before Judge Mark Filip : Status hearing held on 3/20/2006. Response to interveror complaint is extended to 3/28/06. Status hearing set for 5/2/2006 at 09:30 AM. No notice (tbk, ) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

22

NOTICE of Affiliates pursuant to Local Rule 3.2 by Fun In Motion Inc (Unterberger, Mark) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

23

ATTORNEY Appearance for Defendant Fun In Motion Inc by Jennifer L Colvin (Colvin, Jennifer) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

24

ANSWER to Intervenor Complaint and Affirmative Defenses by Fun In Motion Inc(Colvin, Jennifer) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

25

NOTICE by Fun In Motion Inc re answer to intervenor complaint24 (Colvin, Jennifer) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

26

MOTION by Defendant Fun In Motion Inc for protective order (Colvin, Jennifer) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

27

NOTICE of Motion by Jennifer L Colvin for presentment of motion for protective order26 before Honorable Mark Filip on 3/28/2006 at 09:30 AM. (Colvin, Jennifer) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

28

Re- NOTICE of Motion by Jennifer L Colvin for presentment of motion for protective order26 before Honorable Geraldine Soat Brown on 3/29/2006 at 09:45 AM. (Colvin, Jennifer) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

29

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Geraldine Soat Brown. Signed by Judge Charles P. Kocoras on 3/24/06. (gcy, ) (Entered: 03/28/2006)

March 24, 2006

March 24, 2006

30

MINUTE entry before Judge Geraldine Soat Brown : This matter having been referred to Magistrate Judge Geraldine Soat Brown for proceedings with respect to defendant's motion for protective order 26, a motion hearing set before Magistrate Judge Brown on 3/29/06 at a.m. in Courtroom 1812. Mailed notices (gcy, ) (Entered: 03/28/2006)

March 27, 2006

March 27, 2006

31

RESPONSE by Equal Employment Opportunity Commission in Opposition to MOTION by Defendant Fun In Motion Inc for protective order26 (Attachments: # 1 Appendix Barnes v. Julien J. Studley# 2 Appendix EEOC v. Custom Companies, Inc.# 3 Appendix EEOC v. Midwestern Distrib., Inc.)(Henry, Ann) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

32

MINUTE entry before Judge Geraldine Soat Brown : Motion Hearing held. Defendant's motion for protective order 26 is denied without prejudice. The defendant may renew the motion in event that there are specific facts supporting the defendant's assetion of a need for a protective order. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Mailed notices (gcy, ) (Entered: 03/30/2006)

March 29, 2006

March 29, 2006

33

MINUTE entry before Judge Mark Filip : Status hearing held on 5/2/2006. Discovery cutoff set for 7/21/06. Status hearing set for 6/28/2006 at 09:30 AM. Mailed notice (tbk, ) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

34

MOTION by Defendant Fun In Motion Inc for protective order entry (Attachments: # 1 Agreed Protective Order)(Colvin, Jennifer) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

35

NOTICE of Motion by Jennifer L Colvin for presentment of motion for protective order34 before Honorable Mark Filip on 6/5/2006 at 09:30 AM. (Colvin, Jennifer) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

36

MOTION by Defendant Fun In Motion Inc to certify class MOTION TO CLOSE CLASS (Attachments: # 1 Exhibit Exhibit A)(Colvin, Jennifer) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

37

Notice of Motion to Close Class NOTICE of Motion by Jennifer L Colvin for presentment of motion to certify class36 before Honorable Mark Filip on 6/5/2006 at 09:30 AM. (Colvin, Jennifer) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

41

AGREED PROTECTIVE Order Signed by Judge Mark Filip on 6/2/2006:(gcy, ) Modified on 9/26/2006 (td, ). (Entered: 06/05/2006)

May 31, 2006

May 31, 2006

40

MINUTE entry before Judge Mark Filip : Motion for entry of agreed protective order 34 is granted. Enter Agreed Protective Order. mailed notices (gcy, ) (Entered: 06/05/2006)

June 1, 2006

June 1, 2006

38

RESPONSE by Equal Employment Opportunity Commission in Opposition to MOTION by Defendant Fun In Motion Inc to certify class MOTION TO CLOSE CLASS 36 (Henry, Ann) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

39

MINUTE entry before Judge Mark Filip : MOTION by Defendant Fun In Motion Inc MOTION TO CLOSE CLASS36 is granted in part for reasons stated on the record. Sua sponte, the court extends the discovery period to and including 7/28/06. Mailed notice (tbk, ) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

42

MINUTE entry before Judge Mark Filip : This Court's Minute Order of June 5, 200639 is amended to read as follows: MOTION by Defendant Fun In Motion Inc MOTION TO CLOSE CLASS36 is granted in part for reasons stated on the record. The EEOC to identify their class by 6/28/06. Sua sponte, the court extends the discovery period to and including 7/28/06. Mailed notice (tbk, ) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

43

MOTION by Defendant Fun In Motion Inc to compel Production of Danielle D'Ambrosio's Diaries (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Colvin, Jennifer) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

44

NOTICE of Motion by Jennifer L Colvin for presentment of motion to compel43 before Honorable Mark Filip on 6/28/2006 at 09:30 AM. (Colvin, Jennifer) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

47

EXECUTIVE COMMITTEE ORDER: Case referred to Magistrate Judge Geraldine Soat Brown. Signed by Judge Charles P. Kocoras on 6/26/06. (gcy, ) (Entered: 06/27/2006)

June 26, 2006

June 26, 2006

46

MINUTE entry before Judge Mark Filip : Status hearing date of 6/28/06 is stricken. Status hearing reset for 7/5/2006 at 09:30 AM. Telephoned notice (tbk, ) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

48

NOTICE by Danielle D'Ambrosio of Filing her Response to Defendant's Motion to Compel (Bishof, John) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

49

RESPONSE to Defendant's Motion to Compel (Bishof, John) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

50

MINUTE entry before Judge Mark Filip : Status hearing held on 7/5/2006. Status hearing set for 8/4/2006 at 09:30 AM. No notice (tbk, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

51

MINUTE entry before Judge Geraldine Soat Brown : Motion hearing held. Defendant's motion to compel production of Danielle D'Ambrosio's diaries 43 is granted in part as follows: Ms. D'Ambrosio's counsel or staff, working under the supervision of counsel, shall review Ms. D'Ambrosio's diaries for the period of April 2004 to the present and shall produce any entries that discuss or refer to her employment by the defendant or any of the defendant's employees or any damages alleged by Ms. D'Ambrosio. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Notice mailed by judge's staff (ntf, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

52

TRANSCRIPT of Proceedings before Judge Geraldine Soat Brown held on 3/29/06 (Volumes 1). (gcy, ) (Entered: 07/18/2006)

July 17, 2006

July 17, 2006

53

STIPULATION of Dismissal of Plaintiff-Intervenor's Complaint (Bishof, John) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

54

NOTICE by Danielle D'Ambrosio re stipulation of dismissal53 of filing Stipulation to Dismiss Plaintiff-Intervenor's Complaint (Bishof, John) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

55

MINUTE entry before Judge Mark Filip : The Court has received the stipulation of dismissal from Defendant and Plaintiff-Intervenor, Danielle D'Ambrosio. The Court incorporates the terms of the parties' settlement into this order by reference; dismisses all claims of Ms. D'Ambrosio consistent with the terms, conditions, and parameters of the parties' settlement; and retains jurisdiction to enforce compliance with this judicial order. Mailed notices (gcy, ) Modified on 7/27/2006 (gcy, ). (Entered: 07/27/2006)

July 26, 2006

July 26, 2006

56

MOTION by Plaintiff Equal Employment Opportunity Commission to approve consent judgment (Henry, Ann) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

57

NOTICE of Motion by Ann M Henry for presentment of motion to approve consent judgment56 before Honorable Mark Filip on 8/4/2006 at 09:30 AM. (Henry, Ann) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

59

CONSENT DECREE Signed by Judge Mark Filip on 8/4/2006:(gcy, ) (Entered: 08/09/2006)

Aug. 4, 2006

Aug. 4, 2006

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 7, 2005

Closing Date: 2008

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

Fun In Motion, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 21500

Order Duration: 2006 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit