Case: EEOC v. The American Food Company, Inc.

9:00-cv-01860 | U.S. District Court for the Eastern District of New York

Filed Date: March 30, 2000

Closed Date: Dec. 22, 2006

Clearinghouse coding complete

Case Summary

In March 2000 the New York, NY office of the EEOC brought this suit against The American Food Company, Inc. in the U.S. District Court for the Eastern District of New York. The complaint is unavailable, and the exact allegations brought by the EEOC are unknown. The defendant answered the complaint, and initial management conferences were held. The defendant filed for bankruptcy sometime in 2001, and discovery in the case was stayed. While the stay was lifted in 2004, the case stayed inactive for over a year, and the action was eventually administratively closed in February 2006. The action was withdrawn without prejudice by the EEOC in December 2006.

Summary Authors

Ryan Kasten (10/30/2007)

Documents in the Clearinghouse

Document

9:00-cv-01860

Docket (PACER)

Equal Employment v. American Food Co.

Dec. 22, 2006

Dec. 22, 2006

Docket
48

9:00-cv-01860

Order of Administrative Closing

Equal Employment v. American Food Co.

Feb. 7, 2006

Feb. 7, 2006

Order/Opinion

9:00-cv-01860

Withdrawal Order

EEOC v. American Food

Dec. 19, 2006

Dec. 19, 2006

Order/Opinion

Resources

Docket

Last updated Jan. 18, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for American Food Co., Inc. (Coleman, Laurie) (Entered: 04/03/2000)

March 30, 2000

March 30, 2000

2

ANSWER to Complaint by American Food Co. (Jafer, Halide) (Entered: 06/28/2000)

June 13, 2000

June 13, 2000

3

ORDER, Set status conference for 2:00 9/11/00 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay , on 7/14/00) (Jafer, Halide) (Entered: 07/19/2000)

July 14, 2000

July 14, 2000

4

LETTER dated 7/31/00 from Raechel L. Adams to Judge Seybert re: Requesting that Bracken & Bracken request to w/d as counsel be denied. (Jafer, Halide) (Entered: 08/08/2000)

Aug. 2, 2000

Aug. 2, 2000

5

Letter MOTION by American Food Co. requesting that Bracken & Margolin be relieved as counsel No Motion hearing (Jafer, Halide) (Entered: 08/08/2000)

Aug. 4, 2000

Aug. 4, 2000

Endorsed order denying [5-1] motion requesting that Bracken & Margolin be relieved as counsel. In light of the rule that corporations may not proceed pro se, counsel's application to w/d shall not be granted until the American Food, Co., Inc. retains new counsel. (Signed by Judge Joanna Seybert , on 8/4/00) eod#5 c/m (Jafer, Halide) (Entered: 08/08/2000)

Aug. 4, 2000

Aug. 4, 2000

6

SCHEDULING ORDER setting Status conference by 1:30 9/8/00 ; ( signed by Judge Joanna Seybert , on 8/24/00) (Jafer, Halide) (Entered: 08/30/2000)

Aug. 24, 2000

Aug. 24, 2000

Endorsed order granting [7-1] motion to extend time of the initial conference scheduled for 9/11/00 2:00 pm reset initial conference for 2:00 11/9/00 before Magistrate Arlene R. Lindsay Deft to inform the undersigned of the status of matter reading substitute counsel. (Signed by Magistrate Arlene R. Lindsay, on 8/29/00) c/m (fe) (Entered: 09/05/2000)

Aug. 29, 2000

Aug. 29, 2000

8

MAIL RETURNED Scheduling Order dated 8/24/00 returned on 9/13/00 (fe) (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

9

STIPULATION and ORDER ON CONSENT TO CHANGE ATTORNEY - substituting attorney terminated attorney Jesse S. Drucker for American Food Co. Added Patricia A Dempsey (signed by Judge Joanna Seybert, on 9/22/00) c/m (fe) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

10

LETTER dated 10/23/00 from Patricia A. Dempsey to Magistrate Lindsay RE: Enclosing the Report of Parties' Planning Meeting signed by counsel in this action. (fe) (Entered: 12/11/2000)

Oct. 25, 2000

Oct. 25, 2000

Endorsed order, entered on the bottom of document #10, The undersigned hereby recuses herself from all matters being represented by or involving the law firm of Ciarelli & Dempsey & requests that this matter be reassigned to another Magistrate Judge. (Signed by Magistrate Arlene R. Lindsay, 10/25/00) c/m on 10/25/00) (fe) (Entered: 12/11/2000)

Oct. 25, 2000

Oct. 25, 2000

CASE NO LONGER REFERRED TO Magistrate Arlene R. Lindsay (Chow, Alice) (Entered: 11/14/2000)

Nov. 14, 2000

Nov. 14, 2000

CASE REFERRED to Magistrate Michael L. Orenstein. All parties notified. (Chow, Alice) (Entered: 11/14/2000)

Nov. 14, 2000

Nov. 14, 2000

11

RETURN OF SERVICE executed as to American Food Co. 11/21/00 Answer due on 12/11/00 for American Food Co. (fe) (Entered: 12/11/2000)

Dec. 4, 2000

Dec. 4, 2000

12

ORDER, that a conference will be held in this case at 10:00 a.m. on 1/24/01 before Magistrate Judge Orenstein All counsel must be present ( signed by Magistrate Michael L. Orenstein, on 1/2/01) c/m (Imrie, Robert) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

13

Calendar entry: Before Magistrate Orenstein on 1/24/01 @ 10:00 am. Civil Cause for Initial Conference. Case called. Counsel for all sides present. set all fact discovery due for 10/1/01; all expert discovery including expert depositions due for 12/31/01 set status conference for 11:30 7/6/01 before Magistrate Michael L. Orenstein Tape #01-9(5641-7161);(01-10(0-1102) Deft is directed to respond to the outstanding discovery requests by 2/15/01. (fe) (Entered: 01/26/2001)

Jan. 24, 2001

Jan. 24, 2001

14

SCHEDULING ORDER setting joinder of additional parties by 6/30/01; amending of pleadings on 6/30/01; All Fact Discovery cutoff 10/1/01; All expert discovery including expert depositions due by 12/31/01; Pretrial conference for 11:30 7/6/01; (signed by Magistrate L. Orenstein, on 1/24/01) (fe) Modified on 01/26/2001 (Entered: 01/26/2001)

Jan. 24, 2001

Jan. 24, 2001

16

RESPONSE by American Food Co. to [15-1] motion requesting that the Court order the dft to produce the outstanding discovery responses immediately (McMahon, Carol) (Entered: 03/13/2001)

March 13, 2001

March 13, 2001

17

ORDER denying as moot [15-1] motion requesting that the Court order the dft to produce the outstanding discovery immediately. If pltff believes deft's responses are improper is shall serve & file a letter application by 3/30/01. Deft shall serve & file its letter opposition by 4/3/01. set status conference for 10:00 4/9/01 before Magistrate Michael L. Orenstein (signed by Magistrate Michael L. Orenstein, on 3/15/01) c/m (fe) Modified on 03/20/2001 (Entered: 03/19/2001)

March 15, 2001

March 15, 2001

18

LETTER dated 3/15/01 from Raechel L. Adams to Orenstein, M.; re: have received defense counsel's response ltr, as well as the discovery responses that were at issue; dft's production of the responses resolves the dispute I raised with the Court; have no further requests of the Court at this time; note that many of the discovery responses produced are non-responsive; hope to be able to resolve that issue independently with defense counsel (McMahon, Carol) (Entered: 03/20/2001)

March 20, 2001

March 20, 2001

Status conference held (Valle, Christine) (Entered: 04/10/2001)

April 9, 2001

April 9, 2001

19

Calendar entry: Before Magistrate Judge Orenstein on 4/9/01 at 10:00AM. Civil Cause for Status Conference. Counsel for all sides present. Set status conference for 2:30 on 7/13/01 before Magistrate Michael L. Orenstein . Court directed the dft to serve further responses to the interrogatories and document requests by 4/30/01. Alan Miller is directed to appear for deposition on 5/9/01. (Valle, Christine) (Entered: 04/10/2001)

April 9, 2001

April 9, 2001

20

Letter MOTION by Equal Employment requesting that the Court order dft to amend its responses by a reasonable date , in accordance with pltf's 3/19/01 ltr Motion hearing (McMahon, Carol) (Entered: 04/12/2001)

April 12, 2001

April 12, 2001

21

RESPONSE by American Food Co. to [20-1] motion requesting that the Court order dft to amend its responses by a reasonable date (McMahon, Carol) (Entered: 04/12/2001)

April 12, 2001

April 12, 2001

22

LETTER dated 4/4/01 from Raechel L. Adams to Orenstein, M.; re: have received defense counsel's ltr dtd 4/3/01; enclosing copies of Pltf's Interrogatories and Dft's Responses thereto (McMahon, Carol) (Entered: 04/12/2001)

April 12, 2001

April 12, 2001

Motion requesting that the Court order dft to amend its responses addressed at conf held on 4/9/01 before Orenstein, M. (McMahon, Carol) (Entered: 04/17/2001)

April 17, 2001

April 17, 2001

23

Letter MOTION by Equal Employment requesting the Court's assistance in obtaining dft's amended discovery responses , Motion hearing (McMahon, Carol) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

24

RESPONSE by American Food Co. to [23-1] motion requesting the Court's assistance in obtaining dft's amended discovery responses (McMahon, Carol) (Entered: 05/10/2001)

May 10, 2001

May 10, 2001

26

Letter MOTION by American Food Co. requesting Court's assistance in resolving discovery dispute , Motion hearing (McMahon, Carol) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

27

RESPONSE by Equal Employment to [26-1] motion requesting Court's assistance in resolving discovery dispute (originally filed on 6/6/01) (McMahon, Carol) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

28

Letter MOTION by Equal Employment to extend time of the deadline set in the 1/14/01 Order for the parties to join additional parties and amend the pleadings by 6/30/01 ; on consent; Motion hearing (McMahon, Carol) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

Status conference held (Fagan, Linda) (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

29

Calendar entry: before Magistrate Judge Orenstein on 7/13/01 at 2:30 p.m.; civil cause for status conference; Terminated past due deadlines ; Set next conference for 11:00 a.m. on 8/27/01 before Magistrate Michael L. Orenstein . Pltff, while not stayed by the Bankruptcy act, must take steps to substitute the Trustee in Bankruptcy as the party deft . Tape # 01-106(3673-5859) (Fagan, Linda) (Entered: 07/16/2001)

July 13, 2001

July 13, 2001

30

LETTER dated 8/24/01 from Patricia A. Dempsey to Judge Orenstein RE: Based on our client's filing the bankruptcy petition, and the pltff's failure to substitute the trustee to date, we feel we do not have a client to represent at the conference or a reason to be there, for which reason we will not be appearing. (Valle, Christine) (Entered: 08/29/2001)

Aug. 27, 2001

Aug. 27, 2001

Status conference held (Valle, Christine) (Entered: 08/29/2001)

Aug. 27, 2001

Aug. 27, 2001

31

Calendar entry: Before Magistrate Orenstein on 8/27/01 at 11:00AM. Civil Cause for Status Conference. The following rulings were made: Trustee in bankruptcy is cooperating in providing pltff with discovery. Ciarelli & Dempsey do not represent the trustee, the real dft in this action now. This Court stays this matter until such time as the Court lifts the stay . The Court grants leave to withdraw as counsel for the dft and Ciarelli & Dempsey are directed to turn over the file to the trustee in bankruptcy. Tape # 01-117 (0-950) (Valle, Christine) (Entered: 08/29/2001)

Aug. 27, 2001

Aug. 27, 2001

32

LETTER dated 10/5/01 from Raechel L. Adams to Magistrate Orenstein Re: When the deft in the action filed for Chapter 7 bankruptcy, Your Honor instituted a stay and the EEOC has been working with the Trustee to gather discovery. I have been in touch with the Trustee's office this week and will continue to work with him as I attempt to reconstruct the EEOC's case file. (Imrie, Robert) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

33

LETTER dated 10/5/01 from Raechel L. Adams to Judge Seybert RE: When the dft filed for Chapter 7 bankruptcy, Magistrate Orenstein instituted a stay and the EEOC has been working with the Trustee to gather discovery. (Valle, Christine) (Entered: 10/17/2001)

Oct. 15, 2001

Oct. 15, 2001

35

LETTER dated 10/31/01 from Raechel L. Adams to Magistrate Orenstein Re: advising the Court that, following the distruction of its former offices at Seven World Trade Center, NY, NY, the EEOC's new temporary office is 201 Varick Street, Room 1009 NY, NY 10014. (Imrie, Robert) (Entered: 11/16/2001)

Nov. 5, 2001

Nov. 5, 2001

36

NOTICE Of Address Change by Equal Employment. (Fagan, Linda) (Entered: 11/22/2002)

Nov. 18, 2002

Nov. 18, 2002

37

LETTER dated 1/8/03 from Raechel L. Adams to Judge Seybert RE: For the reasons outlined herein, EEOC hereby requests that Your Honor lift the stay imposed in this case, order the dft to retain counsel in connection with the case, and set an expedited discovery schedule. (Valle, Christine) (Entered: 01/30/2003)

Jan. 13, 2003

Jan. 13, 2003

38

Letter dated 3/29/04 from Raechel L. Adams to Judge Seybert Re: For the reasons outlined herein, EEOC requests that the Court lift the stay imposed in this case, order dfts to retain counsel, and set an expedited discovery schedule. (Valle, Christine) (Entered: 05/20/2004)

April 1, 2004

April 1, 2004

39

CALENDAR NOTICE - This case has been scheduled for a status conference at 12:00PM on 6/18/04. Signed by Charles J. Baran, Courtroom Deputy Clerk on 5/10/04. C/M (Valle, Christine) (Entered: 05/20/2004)

May 10, 2004

May 10, 2004

Set/Reset Hearings: Status Conference set for 6/18/2004 at 12:00PM before Judge Joanna Seybert. (Valle, Christine) (Entered: 05/20/2004)

May 10, 2004

May 10, 2004

40

Letter dated 3/29/04 from Raechel L. Adams to Judge Seybert Re: To request an adjournment of the status conference and to request that the parties be permitted to participate by telephone. (Valle, Christine) (Entered: 07/09/2004)

June 18, 2004

June 18, 2004

ENDORSED ORDER on [40] Letter. Application granted. The conference is rescheduled for 7/1/04 at 5:00PM. The parties shall coordinate a conference call so that only one call is placed to the Court. Signed by Judge Joanna Seybert on 6/18/04. EOD #40 C/F(Valle, Christine) (Entered: 07/09/2004)

June 18, 2004

June 18, 2004

41

Minute Entry for proceedings held before Joanna Seybert: Civil Cause for Status Conference held on 7/1/2004 at 5:00PM. Case called. Counsel for corporate dft not present. Conference held. Next conference set for 7/15/04 at 4:30PM by phone. Trustee has 10 days to file any brief opposing lifting of stay. (Valle, Christine) (Entered: 07/19/2004)

July 1, 2004

July 1, 2004

42

Minute Entry for proceedings held before Joanna Seybert: Civil Cause for Status Conference by Telephone held on 7/15/2004 at 4:30PM. Counsel for corporate dft not present. Conference held. Case to be referred to Magistrate Judge Orenstein for discovery. Stay lifted; Order to be issued. (Valle, Christine) (Entered: 07/30/2004)

July 15, 2004

July 15, 2004

47

ORDER - Pending before the Court is an application by the pltff, EEOC, to lift a stay which was previously entered in this action. There being no opposition from the parties, this Court hereby lifts the stay and orders that this case proceed. Signed by Judge Joanna Seybert on 7/20/04. C/M(Valle, Christine) (Entered: 08/25/2004)

July 20, 2004

July 20, 2004

46

ORDER - The attorneys for the pltff and the dft, Trustee in bankruptcy or counsel are directed to appear before the undersigned for a conference in person on 8/16/04 at 9:30AM. Signed by Judge Michael L. Orenstein on 7/27/04. C/M(Valle, Christine) (Entered: 08/19/2004)

July 27, 2004

July 27, 2004

43

Letter dated 7/29/04 from Raechel Adams to Magistrate Judge Orenstein Re: seeking a conference with the Court to set an expedited discovery schedule. (Imrie, Robert) (Entered: 08/04/2004)

Aug. 2, 2004

Aug. 2, 2004

44

Letter dated 8/2/04 from Neil H. Ackerman to Magistrate Judge Orenstein Re: advising the Court in response to this Court's Order dated 7/27/04 scheduling a conference on 8/16/04, that this office only represents the bankruptcy estate in Bankruptcy Court and not the defendant in this action and seeks to be relieved from any appearance on 8/16/04. (Imrie, Robert) (Entered: 08/04/2004)

Aug. 2, 2004

Aug. 2, 2004

45

Letter dated 8/2/04 from Raechel Adams to Magistrate Orenstein Re: in response to Mr. Ackerman's letter to the Court dated 8/2/04. (Imrie, Robert) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

ORDER re 45 Letter; There is only one defendant in this action. That corporation is bankrupt and adversary proceedings are pending in the bankruptcy court. EEOC counsel should discuss with the trustee of the defendant corporation attorney discovery via bankruptcy court order. Conference on 8/16/04 cancelled. Signed by Judge Michael L. Orenstein on 8/3/04. c/m(Imrie, Robert) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

48

ORDER OF ADMINISTRATIVE CLOSING - The above-captioned case is hereby administratively closed without prejudice to reinstatement upon application to this Court. Ordered by Judge Joanna Seybert on 2/7/06. C/ECF(Valle, Christine) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

49

Proposed MOTION to Withdraw action without prejudice by Equal Employment Opportunity Commission. (Keenan, Judy) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

50

ORDER granting 49 Motion to Withdraw. The Clerk of Court is ordered to mark this matter as CLOSED. Ordered by JudgeJoanna Seybert on 12/22/06. C/ECF (Valle, Christine) (Entered: 12/26/2006)

Dec. 22, 2006

Dec. 22, 2006

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 30, 2000

Closing Date: Dec. 22, 2006

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

The American Food Co., Inc., Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits