Case: EEOC v. DELLON SALES COMPANY

1:98-cv-05317 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 20, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this suit against Dellon Sales Company, a wholesaler of construction materials located in Alberston, New York. The suit was filed in August of 1998 in the U.S. District Court for the Eastern District of New York. The only document available from PACER is the docket, which contains no specifics about the allegations or the terms of the outcome. The case's only important events are the intervention of the complainant and the conferences before the magistrate judge. The conferences consisted of two regular scheduling conferences and then three settlement conferences. It appears that the parties reached a settlement on the first of February, 2000. Subsequently, the court discontinued the action with leave to reopen if the settlement is not consummated. A consent decree was ordered in late March of 2000.

Summary Authors

Alex Bean (7/20/2007)

Documents in the Clearinghouse

Document

1:98-cv-05317

Docket

EEOC v. Dellon Sales Company

April 20, 2000

April 20, 2000

Docket

Resources

Docket

Last updated April 16, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and no summons(es) issued for Dellon Sales Company (Chow, Alice) (Entered: 08/20/1998)

Aug. 20, 1998

Aug. 20, 1998

2

ANSWER to Complaint by Dellon Sales Company. [Forwarded to Magistrate Go's Chambers.] (Mackey, Donna) (Entered: 10/07/1998)

Oct. 7, 1998

Oct. 7, 1998

3

ORDER setting an initial conference for 11/18/1998 @ 10:30 before Magistrate Go. (Signed by Magistrate Marilyn D. Go, dtd. 10/15/1998.) (Mackey, Donna) (Entered: 10/16/1998)

Oct. 16, 1998

Oct. 16, 1998

4

Copy of LETTER dated 10/26/98 from Suhailah S. Sallie to Mrs. Wu requesting an adjournemnt of the preliminary conference on 11/18/98 at 10:30AM; & confirming that attorneys for both parties will appear on the set adjourned date of 12/2/98 at 9:30AM. (Greves, Liz) (Entered: 10/28/1998)

Oct. 28, 1998

Oct. 28, 1998

6

Calendar entry: Before Mag. Go on 12/2/98 for a Telephone Conference. Automatic disclosures and authorizations must be completed by 1/15/99. Factual discovery must be completed by 8/30/99. If any party intends to retain one or more experts, other than in rebuttal, such party must give notice by 6/15/99 of the type of expert to be retained, including the area of expertise and topics to be addressed. Next Conference Set for 3/29/99 at 10:00. (Piper, Francine) (Entered: 12/03/1998)

Dec. 2, 1998

Dec. 2, 1998

5

Summons & Complaint on behalf of Yolanda Ferguson. (Clerk's Office informed motion to Intervene pending). Forwarded to Chambers. (Greves, Liz) (Entered: 12/03/1998)

Dec. 3, 1998

Dec. 3, 1998

7

MOTION to intervene as plaintiff by Yolanda Ferguson . (Permaul, Jenny) (Entered: 12/28/1998)

Dec. 28, 1998

Dec. 28, 1998

Endorsed order granting [7-1] motion to intervene as plaintiff by Yolanda Ferguson. Signed by Judge Raymond J. Dearie. See page 2 of Doc.# 7. C/M by chambers. (Permaul, Jenny) (Entered: 12/28/1998)

Dec. 28, 1998

Dec. 28, 1998

8

ANSWER to Complaint by Dellon Sales Company. (Greves, Liz) (Entered: 01/21/1999)

Jan. 21, 1999

Jan. 21, 1999

9

ORDER dated 2/11/99 that magistrate agrees that deft gave sufficient notice for the deposition but does not understand why deft did not make an effort to reschedule & resovle the dispute before seeking Court intervention as required by the Federal Rule. The application is denied as premature & without prejudice to a future application if pltff does not schedule a prompt deposition. Pltffs are further warned that if no response is filed with respect to deft's other applications, by 2/16/99, they will be granted. (signed by Magistrate Marilyn D. Go on letter dated 2/10/99 from Stephen L. Brodsky). (Greves, Liz) (Entered: 02/17/1999)

Feb. 17, 1999

Feb. 17, 1999

10

MOTION by Yolanda Ferguson to amend [1-1] complaint. (Greves, Liz) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

Endorsed order dated 3/15/99 granting [10-1] motion to amend [1-1] complaint. (Signed by Judge Raymond J. Dearie on document #10). (Greves, Liz) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

11

Intervenor's COMPLAINT by Yolanda Ferguson against Dellon Sales Company. (Greves, Liz) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

12

ORDER dated 3/18/99 that in light of the fact that Judge Dearie granted pltff's motion to amend to assert a direct claim against Scott Dellon, there is no issue at this point that he must appear for a deposition, without requiring pltffs to serve a subpoena. He is directed to appear promptly for a deposition on a mutually convenient date. The next conference is adjourned to 4/21/99 at 2:30PM. Notify the other parties. (signed by Magistrate Marilyn D. Go on copy of letter dated 3/1/99 from LIsa D. Sirkin). (Greves, Liz) (Entered: 03/22/1999)

March 22, 1999

March 22, 1999

13

WAIVER OF SERVICE Returned Executed as to Dellon Sales Company 3/11/99. (Greves, Liz) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

14

ORDER dated 4/20/99 DENYING Stephen L. Brodsky's application for adjournment of the 4/21/99 status conference, since the parties have had ample notice of this conference & this request is late. See Chamber's Rule 1E. However, the conference is moved to 5PM tomorrow. Notity other parties. (signed by Magistrate-Judge Marilyn D. Go on copy of letter dated 4/20/99 form Stephen L. Brodsky). (Greves, Liz) (Entered: 04/21/1999)

April 21, 1999

April 21, 1999

15

Copy of Calendar entry: BEFORE MAGISTRATE GO ON 4/21/1999. Case called for a status conference. ESR 1999/ << as written on calendar>> Dft. must supplement its response to Pltff.'s document requests by 4/30/1999 and produce the requested documents. Next conference set for 9/7/1999 at 10:00. (Mackey, Donna) Modified on 04/26/1999 (Entered: 04/26/1999)

April 21, 1999

April 21, 1999

16

ORDER dated 8/9/99 GRANTING Allen G. Reiter's application for extension of the discovery cutoff. Discovery is extended to 10/29/99 and the next conference is adjourned to 11/4/99 at 10AM. Notify other parties. (signed by Magistrate-Judge Marilyn D. Go on letter dated 8/5/99 from Allen G. Reiter). (Greves, Liz) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

17

Calendar entry: Before Magistrate Go on 11/8/99 status conference held. Preliminary settlement discussions held. Parties with authority to settle must be available by phone at the next conference scheduled for 11/30/99 at 2PM. (Greves, Liz) (Entered: 11/09/1999)

Nov. 9, 1999

Nov. 9, 1999

18

Copy of LETTER dated 11/22/99 from Allen G. Reiter to Judge Go confirming that the settlement conference scheduled for 11/30/99 has been adjourned to 12/6/99 at 2:30PM. (Greves, Liz) (Entered: 11/23/1999)

Nov. 23, 1999

Nov. 23, 1999

19

Calendar entry: before M.J. Go-Settlement Conference held. Further settlement discussions held. Parties with authority to settle must be available by telephone at the next conference. Next conference scheduled for 01.13.00 at 10:30. Galeano, Sonia (Entered: 12/27/1999)

Dec. 6, 1999

Dec. 6, 1999

20

LETTER dated 12.20.99 from Allen G. Reiter to M.J. Go, confirming that the settlement conference is now scheduled for 01.13.00 at 10:30. Galeano, Sonia (Entered: 12/27/1999)

Dec. 27, 1999

Dec. 27, 1999

21

ORDER dated 1/12/2000 that the 1/13/2000 conference is adjourned to 2/1/2000 at 11:30AM. Counsel are advised that no adjournments will be given on such short notice in the future. (signed by Magistrate Marilyn D. Go on copy of letter dated 1/12/2000 from Richard M. Gutierrez). (Greves, Liz) (Entered: 01/13/2000)

Jan. 13, 2000

Jan. 13, 2000

22

Calendar entry: Before Magistrate Go on 2/1/2000 settlement conference held. Counsel for the parties entered the terms of a settlement on the record. (Greves, Liz) (Entered: 02/03/2000)

Feb. 1, 2000

Feb. 1, 2000

23

INTER-OFFICE MEMO from Magistrate Go to Judge Dearie dated 2/1/2000 advising that parties have entered into a settlement on the record; parties will be submitting a consent decree in 2 weeks. (Greves, Liz) (Entered: 02/03/2000)

Feb. 3, 2000

Feb. 3, 2000

24

ORDER dated 2/2/2000 that action discontinued without costs to any party & with prejudice, but with leave to reopen if the settlemenbt is not consummated as stated on the record. CM (magistrate notified). (signed by Judge Raymond J. Dearie), (Greves, Liz) (Entered: 02/07/2000)

Feb. 7, 2000

Feb. 7, 2000

Case closed. (Greves, Liz) (Entered: 02/07/2000)

Feb. 7, 2000

Feb. 7, 2000

25

TRANSCRIPT of conference before Magistrate Go filed for dates of 2/1/2000. Court Transcriber: Shari Riemer of TypeWrite Word Processing Service. (Greves, Liz) (Entered: 02/17/2000)

Feb. 17, 2000

Feb. 17, 2000

26

STIP/ORDER dated 4/14/2000 that action discontinued as to all parties with prejudice & without costs to any party as against any other. CM (Signed by Judge Raymond J. Dearie). (Greves, Liz) (Entered: 04/19/2000)

April 14, 2000

April 14, 2000

27

CONSENT DECREE/ORDER dated 4/25/2000 that Dellon Sales agrees to pay Ferguson monetary damages for $125,000.00. (see for further details). CM (signed by Judge Raymond J. Dearie). (Greves, Liz) (Entered: 05/01/2000)

April 20, 2000

April 20, 2000

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 20, 1998

Closing Date: 2000

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: Unknown

Class Action Outcome: Unknown

Defendants

Dellon Sales Company (Alberston, NY), Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit