Case: EEOC v. FOODCRAFTERS DISTRIBUTION CO.

1:03-cv-02796 | U.S. District Court for the District of New Jersey

Filed Date: June 11, 2003

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Philadelphia District Office of the EEOC brought this suit against Foodcrafters Distribution Company, Tropical Plant Carriers, Inc., and Little Brownies Properties, Inc. in the U.S. District Court for the District of New Jersey in July 2003. Five charging parties intervened in the EEOC's case, which was consolidated with the a private party suit, Lovenduski v. Foodcrafters Distribution Company, 1:04-cv-02394 (D. N.J. May 21, 2004), in June 2004. Defendants moved for summary judgment in June…

The Philadelphia District Office of the EEOC brought this suit against Foodcrafters Distribution Company, Tropical Plant Carriers, Inc., and Little Brownies Properties, Inc. in the U.S. District Court for the District of New Jersey in July 2003. Five charging parties intervened in the EEOC's case, which was consolidated with the a private party suit, Lovenduski v. Foodcrafters Distribution Company, 1:04-cv-02394 (D. N.J. May 21, 2004), in June 2004. Defendants moved for summary judgment in June 2004 on the basis that one of the intervenor's claims were barred by judicial estoppel. The motion was denied in January 2005 as defendants presented no evidence of the intervenor's bad faith (a requirement for judicial estoppel). The defendants filed a second motion for summary judgment on all claims in August 2005, and plaintiff-intervenors filed a cross motion to amend their complaint and consolidate with another case. In February 2006, summary judgment was granted regarding claims against two named defendants, but was denied as to the rest. Plaintiffs motion to consolidate was granted, but the motion to amend the complaint was denied.

The parties settled through a consent decree in September 2006. The four-year consent decree required the defendants to pay a total of $384,500. The defendants were enjoined from discriminating and also required defendants to post notice, create and distribute a discrimination policy, train managers annually, institute a complaint procedure, and send semi-annual compliance reports to the EEOC. Thereafter, the claims were dismissed with prejudice. In January 2009, the court granted the plaintiff's motion for enforcement of the settlement agreement, but that order is unavailable. As no further activity appears on the docket after February 2009, presumably this case closed in 2010.

Summary Authors

Daisy Manning (8/8/2008)

Rachel Barr (4/8/2018)

Related Cases

LOVENDUSKI v. FOODCRAFTERS DISTRIBUTING COMPANY, District of New Jersey (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5711379/parties/equal-employment-opp-v-foodcrafters-dist/


Judge(s)

Bumb, Renee Marie (New Jersey)

Donio, Ann Marie (New Jersey)

Attorney for Plaintiff

Cook, Terrence R. (Pennsylvania)

Attorney for Defendant

Chodoff, Louis L. (New Jersey)

Expert/Monitor/Master/Other

Chiesa, Kristofer (New Jersey)

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Documents in the Clearinghouse

Document

1:03-cv-02796

Docket [PACER]

Equal Employment Opportunity Commission v. Foodcrafters Dist.

Feb. 25, 2009

Feb. 25, 2009

Docket
1

1:03-cv-02796

Complaint

EEOC v. Foodcrafters Distribution Company

June 11, 2003

June 11, 2003

Complaint
10

1:03-cv-02796

Intervenor Complaint and Jury Demand

EEOC and Horner v. Foodcrafters Distribution Company

Aug. 22, 2003

Aug. 22, 2003

Complaint
23

1:03-cv-02796

Amended Complaint and Jury Demand

EEOC and Horner v. Foodcrafters Distribution

April 26, 2004

April 26, 2004

Complaint
33

1:03-cv-02796

1:04-02394

Order for Consolidation for Discovery Purposes Only

EEOC v. Foodcrafters Dist.

June 23, 2004

June 23, 2004

Order/Opinion
55

1:03-cv-02796

Opinion [RE: Motion for Summary Judgment]

EEOC v. Foodcrafters Distribution Company

Jan. 28, 2005

Jan. 28, 2005

Order/Opinion
59

1:03-cv-02796

Stipulation of Dismissal [Re: Strategic Outsourcing, Inc]

EEOC and Horner v. Foodcrafters Distribution Company

Feb. 28, 2005

Feb. 28, 2005

Settlement Agreement
60

1:03-cv-02796

Order [Re: Motion for Protective Order]

EEOC and Horner v. Foodcrafters Distribution Company

March 3, 2005

March 3, 2005

Order/Opinion
124

1:03-cv-02796

1:04-02394

Opinion [Re: Motion for Summary Judgment]

EEOC v. Foodcrafters Distribution Co

Feb. 24, 2006

Feb. 24, 2006

Order/Opinion

2006 WL 2006

128

1:03-cv-02796

Order [Re: Motion for Protective Order]

EEOC, Horner, and Lovenduski v. Foodcrafters Distribution

July 11, 2006

July 11, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5711379/equal-employment-opp-v-foodcrafters-dist/

Last updated April 11, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FOODCRAFTERS DISTRIBUTING COMPANY, LITTLE BROWNIE PROPERTIES, INC., TROPICAL PLANT CARRIER, INC. ( Filing fee $ 150 receipt number 300984.) JURY DEMAND, filed by MONIQUE LOVENDUSKI.(TH, ) (Entered: 05/26/2004)

May 21, 2004

May 21, 2004

CASE REFERRED to Arbitration. (TH, ) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

Summons Issued as to FOODCRAFTERS DISTRIBUTING COMPANY, LITTLE BROWNIE PROPERTIES, INC., TROPICAL PLANT CARRIER, INC..Days Due - 20. (TH, ) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

2

ORDER consolidating this matter with 03-2796 for discovery purposes only . Signed by Judge Ann Marie Donio on 06/23/04. (db) (Entered: 06/25/2004)

June 23, 2004

June 23, 2004

3

ANSWER to Complaint by FOODCRAFTERS DISTRIBUTING COMPANY, LITTLE BROWNIE PROPERTIES, INC., TROPICAL PLANT CARRIER, INC.(sb) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

4

FOURTH AMENDED SCHEDULING ORDER: Telephone Conference set for 8/12/2004 at 02:30 PM, 11/18/2004 at 2:00 PM before Magistrate Judge Ann Marie Donio. Final Pretrial Conference set for 4/21/2005 at 11:00 AM before Magistrate Judge Ann Marie Donio. Discovery due by 12/20/2004. Dispositive Motions due by 2/28/2005.. Signed by Judge Ann Marie Donio on 08/03/04. (db, ) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

5

CONSENT ORDER TO AMEND COMPLAINT. Signed by Judge Ann Marie Donio on 08/06/04. (db, ) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

6

AMENDED COMPLAINT against FOODCRAFTERS DISTRIBUTING COMPANY, LITTLE BROWNIE PROPERTIES, INC., TROPICAL PLANT CARRIER, INC. , filed by MONIQUE LOVENDUSKI.(db, ) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

Minute Entry for proceedings held before Judge Ann Marie Donio : Status Conference held on 8/16/2004. (jm1, ) (Entered: 08/17/2004)

Aug. 16, 2004

Aug. 16, 2004

7

SCHEDULING ORDER. Signed by Judge Ann Marie Donio on 08/17/04. (db, ) (Entered: 08/18/2004)

Aug. 17, 2004

Aug. 17, 2004

8

ANSWER to Amended Complaint by FOODCRAFTERS DISTRIBUTING COMPANY, LITTLE BROWNIE PROPERTIES, INC., TROPICAL PLANT CARRIER, INC..(SHEINKIN, SARA) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

9

Substitution of Attorney - Attorney THOMAS W. SWEET for TROPICAL PLANT CARRIER, INC.; FOODCRAFTERS DISTRIBUTING COMPANY and LITTLE BROWNIE PROPERTIES, INC. added. Attorney SARA D. SHEINKIN terminated.. (db, ) (Entered: 09/13/2004)

Sept. 9, 2004

Sept. 9, 2004

10

ORDER permitting Richard E. Whitaker to appear Pro Hac Vice. Signed by Judge Ann Marie Donio on 10/25/04. (db, ) (Entered: 10/26/2004)

Oct. 25, 2004

Oct. 25, 2004

11

ORDER, Re: Compelling Discovery . Signed by Judge Ann Marie Donio on 10/29/04. (db, ) (Entered: 11/01/2004)

Oct. 29, 2004

Oct. 29, 2004

Minute Entry for proceedings held before Judge Ann Marie Donio : Discovery/Status Conference held on 11/16/2004. (jm1, ) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

Minute Entry for proceedings held before Judge Ann Marie Donio : Discovery/Status Conference held on 11/17/2004. (jm1, ) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

12

ORDER that defendants' motion (see doc. 49 in 03-2796)to amend their answer to assert a counterclaim is WITHDRAWN. Signed by Judge Ann Marie Donio on 12/16/04. (db, ) (Entered: 12/20/2004)

Dec. 16, 2004

Dec. 16, 2004

13

FIFTH AMENDED SCHEDULING ORDER: Intervenor Plaintiffs are granted leave to file a motion to compel no later than January 14, 2005. Final Pretrial Conference set for 7/7/2005 at 11:00 AM before Magistrate Judge Ann Marie Donio. Discovery due by 1/14/2005. Dispositive Motions due by 4/29/2005. Signed by Judge Ann Marie Donio on 01/10/05. (db, ) (Entered: 01/10/2005)

Jan. 10, 2005

Jan. 10, 2005

14

JOINDER Letter from plaintiff LOVENDUSKI, Re: Motion for sanctions. (db, ) (Entered: 01/25/2005)

Jan. 21, 2005

Jan. 21, 2005

15

ORDER REMOVING CASE FROM THE ARBITRATION PROGRAM . Signed by Judge Ann Marie Donio on 01/25/05. (db, ) (Entered: 01/26/2005)

Jan. 25, 2005

Jan. 25, 2005

16

SIXTH AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 7/28/2005 at 02:00 PM before Magistrate Judge Ann Marie Donio. Status Conference set for 4/14/2005 at 03:00 PM before Magistrate Judge Ann Marie Donio. Dispositive Motions due by 6/8/2005. Signed by Judge Ann Marie Donio on 03/09/05. (db, ) (Entered: 03/10/2005)

March 9, 2005

March 9, 2005

Minute Entry for proceedings held before Judge Ann Marie Donio : Status Conference held on 4/14/2005. (jm1, ) (Entered: 04/14/2005)

April 14, 2005

April 14, 2005

17

SEVENTH AMENDED SCHEDULING ORDER: The Court will conduct oral argument on the pending motio for sanctions on May 3, 2005 at 10:00 am.. Signed by Judge Ann Marie Donio on 4/14/05. (db, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

18

SCHEDULING ORDER: Rescheduling Oral argument on pending motion for sanction to May 3, 2005 at 1:30 pm. Signed by Judge Ann Marie Donio on 04/27/05. (db, ) (Entered: 04/29/2005)

April 27, 2005

April 27, 2005

19

ORDER Granting 54 motion to compel and Denying w/o prejudice 54 motion for sanctions, etc.. (See docket #03-2796 for motion).. Signed by Judge Ann Marie Donio on 5/6/05. (MB, ) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

20

SEVENTH AMENDED SCHEDULING ORDER: Telephone Conference set for 6/15/2005 at 03:30 PM before Magistrate Judge Ann Marie Donio. Final Pretrial Conference set for 9/15/2005 at 02:00 PM before Magistrate Judge Ann Marie Donio. Dipositive Motions due by 7/15/2005.. Signed by Judge Ann Marie Donio on 05/11/05. (db, ) (Entered: 05/11/2005)

May 11, 2005

May 11, 2005

21

ORDER amending 19 Order of May 6, 2005. Signed by Judge Ann Marie Donio on 05/11/05. (db, ) (Entered: 05/13/2005)

May 11, 2005

May 11, 2005

22

CONSENT PROTECTIVE ORDER. Signed by Judge Ann Marie Donio on 5/26/05. (db, ) (Entered: 05/26/2005)

May 26, 2005

May 26, 2005

23

EIGHTH AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 9/15/2005 at 02:00 PM before Magistrate Judge Ann Marie Donio. Dispositive Motions due by 7/15/2005. Signed by Judge Ann Marie Donio on 06/30/05. (db, ) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

24

SCHEDULING ORDER: Status Conference set for 8/2/2005 at 03:00 PM before Magistrate Judge Ann Marie Donio. Signed by Judge Ann Marie Donio on 07/15/05. (db, ) (Entered: 07/18/2005)

July 15, 2005

July 15, 2005

Set/Reset Hearings: Scheduling Conference reset for 8/9/2005 02:30 PM before Magistrate Judge Ann Marie Donio. (jm1, ) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

Minute Entry for proceedings held before Judge Ann Marie Donio : Status Conference held on 8/9/2005. (jm1, ) (Entered: 08/10/2005)

Aug. 9, 2005

Aug. 9, 2005

25

ORDER deny 78 motion to extend discovery (See Civil Action 03-2796 for motion). Signed by Judge Ann Marie Donio on 08/11/05. (db, ) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

26

MOTION to bar the F.R.C.P. examination of Monique Lovenduski or in the alternative to obtain a Protective Order by MONIQUE LOVENDUSKI. (Attachments: # 1 # 2 # 3)(HARTMAN, KATHERINE) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

27

OPINION . Signed by Judge Robert B. Kugler on 2/24/06. (db, ) (Entered: 02/28/2006)

Feb. 24, 2006

Feb. 24, 2006

28

ORDER that defendants' 85 Motion for Summary Judgment is GRANTED as to the claims against individual defendants PETER WOOD and JOHN P. BROWN and DENIED as to all other claims; further ORDERED that plaintiffs' 111 Motion to consolidate is GRANTED and this case is consolidated with 04-cv-2394 (JEI) for all purposes; further ORDERED that plaintiffs Motion to Amend the complaint (Docket No. 111) is DENIED. Signed by Judge Robert B. Kugler on 2/24/06. (See Civil Action 03-2796) (db, ) (Entered: 02/28/2006)

Feb. 24, 2006

Feb. 24, 2006

***Civil Case Terminated. (db, ) (Entered: 02/28/2006)

Feb. 24, 2006

Feb. 24, 2006

124

OPINION re 111 Cross MOTION to Amend/Correct Complaint (Brief filed as document 109) filed by PAULA BOBO,, 85 MOTION for Summary Judgment filed by JOHN P. BROWN,, FOODCRAFTERS DISTRIBUTION COMPANY,, TROPICAL PLANT CARRIERS, INC.,, LITTLE BROWNIES PROPERTIES, INC.,, TRANSYSTEMS, INC.,, ROBERT ROCHE,, PETER WOOD,, AL AVILA,, MICHAEL ALFANO, . Signed by Judge Robert B. Kugler on 2/24/06. (db, )

Feb. 24, 2006

Feb. 24, 2006

RECAP
29

ORDER granting 26 MOTION to bar the F.R.C.P. examination of Monique Lovenduski or in the alternative to obtain a Protective Order filed by MONIQUE LOVENDUSKI. Signed by Judge Ann Marie Donio on 7/11/06. (sb) (Entered: 07/12/2006)

July 11, 2006

July 11, 2006

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 11, 2003

Closing Date: 2010

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

Michael Alfano, Private Entity/Person

Al Avila, Private Entity/Person

Peter Wood, Private Entity/Person

Robert Roche, Private Entity/Person

John P. Brown, Private Entity/Person

Transystems, Inc., Private Entity/Person

Strategic Outsourcing, Inc., Private Entity/Person

Foodcrafters Distribution Company (Pennsauken, NJ), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 384500

Order Duration: 2006 - 2010

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Race:

Black

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit