Case: Equal Employment Opportunity Commission v. Nichols Gas and Oil

6:05-cv-06482 | U.S. District Court for the Western District of New York

Filed Date: Sept. 14, 2005

Case Ongoing

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Case Summary

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Nichols Gas and Oil, Inc. (Nicholas) in the U.S. District Court for the Western District of New York. The complaint alleged discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. More specifically, the claimant alleged the defendants engaged in sexual harassment, retaliated against individuals who complained of sexual harassment, and caused the constructive dis…

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Nichols Gas and Oil, Inc. (Nicholas) in the U.S. District Court for the Western District of New York. The complaint alleged discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. More specifically, the claimant alleged the defendants engaged in sexual harassment, retaliated against individuals who complained of sexual harassment, and caused the constructive discharge of claimants due to the ongoing pervasive sexual harassment. The EEOC sought injunctive and monetary relief against the defendants. The case was assigned to Judge Marian Payson.

Prior to submitting an answer to the complaint, defendant Nichols Gas and Oil, Inc. filed a motion to dismiss portions of the EEOC's complaint. The court denied this motion on March 13, 2016.

As this lawsuit was moving through the court, Townsend Oil Corporation (Townsend) purchased defendant Nichols Gas & Oil. The EEOC filed an amended complaint in 2007, adding Townsend as a defendant to the lawsuit.

In 2008, the parties’ began discovery proceedings. On January 14, 2010, the court made a ruling on the defendants’ motion for summary judgment and the EEOC’s cross motion for summary judgment. Both motions concerned whether Townsend--the entity that purchased Nicholas--should be liable for compensatory and punitive damages. The court found that Townsend could only be found liable for compensatory damages.

On September 11, 2012, the court approved the parties’ consent decree. This decree gave the court jurisdiction over the matter for ten years as to Nicholas and five years as to Townsend. The consent decree pertained to injunctive and monetary relief. For monetary relief, the defendants agreed to pay $150,000.00 to the claimants. For injunctive relief, the defendants agreed to refrain from sex discrimination and retaliation. Moreover, the defendants agreed to reform their policies and procedures to align with Title VII. To ensure compliance with Title VII, the defendant agreed to provide training to all employees through an EEOC approved entity and report to the EEOC any complaints of sex discrimination or retaliation.

As of May 2020, the consent decree is ongoing, and there has been no further litigation.

Summary Authors

Justin Kanter (5/28/2008)

Sean Whetstone (5/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4357960/parties/equal-employment-opportunity-commission-v-nichols-gas-and-oil-inc/


Judge(s)
Attorney for Plaintiff

Adams, Raechel L. (New York)

Altmeyer, Helen Campbell (New York)

Anderson, Kenneth P. (New York)

Anderson, Suzanne M (New York)

Andre, Beatriz Biscardi (New York)

Attorney for Defendant
Expert/Monitor/Master/Other
Judge(s)

Payson, Marian W. (New York)

Siragusa, Charles J. (New York)

Attorney for Plaintiff

Adams, Raechel L. (New York)

Altmeyer, Helen Campbell (New York)

Anderson, Kenneth P. (New York)

Anderson, Suzanne M (New York)

Andre, Beatriz Biscardi (New York)

Andrew, Regina Maria (New York)

Arendes, Jennifer L. (New York)

Attorney, Prim F. (New York)

AUSA, James J. (New York)

AUSA, Owen C.J. (New York)

Awad, Wasan (New York)

Backhaus, William C (New York)

Bailey, Terri Hearn (New York)

Banks, Oshia (New York)

Bannon, Jeffrey C (New York)

Baran, Andrea G. (New York)

Barrett, Mason D (New York)

Batog, Konrad (New York)

Bean, Julie Steptoe (New York)

Beck, Terry L. (New York)

Bell, Charles T. (New York)

Biltekoff, Judith Ann (New York)

Biscardi-Andre, Beatriz (New York)

Boutchee, Kathy D (New York)

Bowne, Timothy M (New York)

Burstein, Jeffrey C. (New Jersey)

Butler, Michelle T. (New York)

Cadle, Delia Dianna (New York)

Caiola, Michelle Anne (New York)

Calhoun, June Wallace (New York)

Call, Gary L. (New York)

Canino, Robert A (New York)

Carrillo, Gina E (New York)

Chahbazi, Meenoo (New York)

Chandy, Sunu P. (New York)

Che, May R (New York)

Chen, Mark H (New York)

Cheung, Raymond T. (New York)

Clark, Joel Philip (New York)

Cohen, Ethan M (New York)

Cole, Holly Waldron (New York)

Coleman, Charles Franklin (New York)

Cook, Terrence R. (New York)

Cooper, Ronald S (New York)

Costas, Toby W (New York)

Cox, Lisa Ann (New York)

Crook, Debra Hawes (New York)

Crout, Joseph M. (New York)

Curtin, Nora E. (Florida)

Davis, Chandra Cain (New York)

Dawkins, Robert K. (New York)

DeCamp, Aaron Rutledge (New York)

Deck, Dayna F. (New York)

Denig, Jessica A (New York)

Dills, Steven W. (New York)

Dixon, Pamela (New York)

Dreiband, Eric S (New York)

Dreilinger, Lauren Gayle (New York)

Driscoll-MacEachron, James P (New York)

Dubey, Devika S (New York)

Edge, Dawn M. (New York)

Elkin, Laurie S. (New York)

Farrell, Michael J (New York)

Feldman, Laura R (New York)

Fiorito, Bradley S. (New York)

Fischer, Kurt S (New York)

Flores, Carmen (New York)

Foslid, Kristen Marie (New York)

Fox, Rosemary J (New York)

Gatlin, Connie Wilhite (New York)

Gochanour, Gregory M (New York)

Golson, Aarrin Benatra (New York)

Graham, Nancy Eleanor (New York)

Graziano, Louis (New York)

Grossman, Elizabeth (New York)

Guerrier, Charles E. (New York)

Gusewelle, Anne E. (New York)

Haden, Kara L (New York)

Hamilton, Deborah L (New York)

Harper, Donna (New York)

Hastings, Shon (New York)

Healy, Teri L. (New York)

Hendrickson, John C (New York)

Henry, Ann Marie (New York)

Hill, Keith T. (New York)

Hobson, William R (New York)

Holman, Patrick J (New York)

Hope, Jennifer L. (New York)

Imdieke, Michael H. (New York)

Isenhart, Jessi D. (New York)

Johnson, Johnnie L. (New York)

Johnson, Robert G. (New York)

Jones, Anica C. (New York)

Jones, Stephanie Michelle (New York)

Jr, Robert A (New York)

Kamp, Jean P (New York)

Kane, Deborah A. (New York)

Kasperson, Kaleb M. (New York)

Keenan, Judy Ann (New York)

Kennedy, Melvin D. (New York)

Kinne, Paul A. (New York)

Kittle, Rita Byrnes (New York)

Klaassen, Mark A (New York)

Krivonyak, J. Christopher (New York)

Kuelbs, Meaghan Leigh (New York)

Laura, Peter F. (New York)

Lawrence, Debra M. (New York)

Lee, James L. (New York)

Lee, Jeff A (New York)

Lee, Damien Anthony (New York)

Lee, Jeffrey A. (New York)

Lepak, Thomas Scott (New York)

Lewis, Muslima (New York)

Li, Derek W (New York)

Liem, Connie (New York)

Liner, Celia S. (New York)

Lopez, P David (New York)

Lucero, A.Luis Lucero (New York)

Macy, James Douglas (New York)

Mahood, Zoe G (New York)

Mallik, Amrita (New York)

Malloy, Margaret Ann (New York)

Marino, Stephanie (New York)

Martin, C Levi (New York)

Martinez, Ana Consuelo (New York)

Maxion, Sanya Hill (New York)

McBride, Dennis R (New York)

McCord, Stacey Elise (New York)

McCoy, Matthew H (New York)

McCoy-Cruz, Kimberly A. (New York)

McNair, Jacqueline H. (New York)

Medina, Loretta F (New York)

Meredith, Brandi Lorraine (New York)

Miller, Gerald L (New York)

Moench, William E (New York)

Molina, Veronica A (New York)

Monahan, Camille A (New York)

Murray, Steven Lee (New York)

Naccarato, Elizabeth A (New York)

Neary, Kathleen M. (New York)

Northrup, Kate (New York)

O'Boyle, Judith A. (New York)

O'Brien, Michael J. (New York)

Offen-Brown, David F. (New York)

O'Hara, Cindy (New York)

Olson, Kathryn Blaire (New York)

O'Neill, Mary Jo (New York)

Oppenheim, Harriett F (New York)

Palmer-Denig, Jessica Ann (New York)

Park, Anna (New York)

Parker, Russell P (New York)

Pearson, Gina Elaine (New York)

Peck, Jonathan T (New York)

Pence, Richard M. (New York)

Peral, Cesar J (New York)

Peters, Kirsten Jennifer (New York)

Peterson, Melanie M. (New York)

Phillips, Ronald L. (New York)

Pladson, Nicholas J (New York)

Pohl, Anna Marie (New York)

Powell, Molly P. (New York)

Ramos, Marisol (New York)

Ramsey, Sally (New York)

Ranis, Michael Bruce (New York)

Ratliff, Sean (New York)

Reams, Gwendolyn Young (New York)

Rens, LaVerne G. (New York)

Rethage, Thomas D (New York)

Rivela, David C. (New York)

Rivera, Jadhira Virginia (New York)

Roberts, Monique Joy (New York)

Robertson, Michelle M (New York)

Rollins, Prisca M (New York)

Rose, Robert D. (New York)

Rucker, Marsha Lynn (New York)

Ryerse, Mary M (New York)

Salacuse, Maria (Maryland)

Sanghvi, Ami T. (New York)

Santos, Adela P. (New York)

Savage, Markeisha K. (New York)

Schmitt, Suzanne Julia (New York)

Schnitzel, Andrew Marten (New York)

Seely, Barbara A (New York)

Seth, Devika Rani (New York)

Sexton, Richard I (New York)

Sirkin, Lisa (New York)

Smason, Diane I (New York)

Smith, Rachel M. (New York)

Smith, C Emanuel (New York)

Smith, Deidre (New York)

Stanley, John F. (New York)

Statkus, Carol A (New York)

Steele, Roberta (New York)

Stewart, Ronald S (New York)

Stith, Rebecca S. (New York)

Struble, Stephanie (New York)

Sustaita, Rodolfo Lucio (New York)

Szromba, Jeanne Bowman (New York)

Tamayo, William R. (New York)

Taylor, Judith G. (New York)

Tetzlaff, Karl R. (New York)

Thomas, Kelley Renee (New York)

Thomas, Gillian Lathrop (New York)

Thornton, Gerald L. (New York)

Tomlinson, Robert F (New York)

Turnage, Edwin Lake (New York)

Tyndall, Brian C (New York)

Valderrama, Hillary K (New York)

Vance, Carrie Noelle (New York)

Varma, Maneesh (New York)

Vasichek, Laurie A (New York)

Vuong, Rumduol Kim (New York)

Wagner, Steven Andrews (New York)

Walter, Nicholas Glen (New York)

Weisberg, Robert E. (New York)

Welsh, Blaine T (New York)

Whitehead, Jamal N (New York)

Wilburn, Tanisha R (New York)

Williams, Faye A (New York)

Williams, Samantha (New York)

Wong, Kam Sau (New York)

Woolley, Christopher (New York)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

6:05-cv-06482

Docket [PACER]

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

April 6, 2016

April 6, 2016

Docket
1

6:05-cv-06482

Complaint

EEOC v. Nichols Gas and Oil, Inc.

Sept. 14, 2005

Sept. 14, 2005

Complaint
10

6:05-cv-06482

Opinion

EEOC v. Nichols Gas and Oil, Inc.

March 13, 2006

March 13, 2006

Order/Opinion

2006 WL 2006

40

6:05-cv-06482

First Amended Complaint

EEOC v. Nichols Gas and Oil, Inc.

Oct. 1, 2007

Oct. 1, 2007

Complaint

518 F.Supp.2d 518

75

6:05-cv-06482

Decision & Order

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

March 9, 2009

March 9, 2009

Order/Opinion

256 F.R.D. 256

92

6:05-cv-06482

Decision and Order

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

Jan. 13, 2010

Jan. 13, 2010

Order/Opinion

688 F.Supp.2d 688

115

6:05-cv-06482

Consent Decree

Equal Employment Opportunity Commission v. Nichols Gas and Oil, Inc.

Sept. 11, 2012

Sept. 11, 2012

Order/Opinion

2012 WL 2012

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4357960/equal-employment-opportunity-commission-v-nichols-gas-and-oil-inc/

Last updated March 19, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Nichols Gas and Oil, Inc., filed by Equal Employment Opportunity Commission.(TO, ) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

RECAP
2

MOTION to Dismiss Portions of Plaintiff's Complaint, MOTION for More Definite Statement by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
3

AFFIDAVIT in Support re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement Attorney Affidavit in Support of Defendant's Motion filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Exhibit A)(DeLuca, R. Scott) (Entered: 11/18/2005)

2 Exhibit A

View on PACER

Nov. 18, 2005

Nov. 18, 2005

PACER
4

MEMORANDUM in Support re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Nichols Gas and Oil, Inc.. (DeLuca, R. Scott) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
5

MOTION SCHEDULING ORDER re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Nichols Gas and Oil, Inc. Signed by Hon. Charles J. Siragusa on 12/19/05. (KAR, ) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
6

RESPONSE in Opposition re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Chandy Declaration# 2 Exhibit A - Foss Charge# 3 Exhibit B - Notice of Foss Charge# 4 Exhibit C - ThielLetter# 5 Exhibit D - Determination# 6 Exhibit E-June9ConcilProposal# 7 Exhibit F-June30ConcilLetter# 8 Exhibit G-case-McNaMara# 9 Exhibit H-case-Fisher# 10 Exhibit I-case-Venator# 11 Exhibit J-Northwest# 12 Exhibit K-Consolidated# 13 Exhibit L-Caraveo)(Chandy, Sunu) (Entered: 01/09/2006)

2 Affidavit Chandy Declaration

View on PACER

3 Exhibit A - Foss Charge

View on PACER

4 Exhibit B - Notice of Foss Charge

View on PACER

5 Exhibit C - ThielLetter

View on PACER

6 Exhibit D - Determination

View on PACER

7 Exhibit E-June9ConcilProposal

View on PACER

8 Exhibit F-June30ConcilLetter

View on PACER

9 Exhibit G-case-McNaMara

View on PACER

10 Exhibit H-case-Fisher

View on PACER

11 Exhibit I-case-Venator

View on PACER

12 Exhibit J-Northwest

View on PACER

13 Exhibit K-Consolidated

View on PACER

14 Exhibit L-Caraveo

View on PACER

Jan. 9, 2006

Jan. 9, 2006

PACER
7

NOTICE of Appearance by Maria Salacuse on behalf of Equal Employment Opportunity Commission (Salacuse, Maria) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
8

REPLY to Response to Motion re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement Defendant's Reply Memo of Law in Support of Defendant's Motions filed by Nichols Gas and Oil, Inc.. (DeLuca, R. Scott) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
9

Minute Entry for proceedings held before Judge Charles J. Siragusa : Motion Hearing held on 3/9/2006 re 2 MOTION to Dismiss Portions of Plaintiff's Complaint MOTION for More Definite Statement filed by Nichols Gas and Oil, Inc.,. Court will render a decision in 60 days. (Court Reporter Karen Winter.) (MSH, ) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

PACER
10

DECISION AND ORDER denying 2 Motion to Dismiss, denying 2 Motion for More Definite Statement. Defendant shall file and serve an answer to the complaint within ten days of the date of this Decision and Order. By separate order, the undersigned will refer this case to the Hon. Marian W. Payson for all non-dispostive pretrial matters. Signed by Judge Charles J. Siragusa on 3/13/06. (KAR, ) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

RECAP
11

ORDER REFERRING CASE to Magistrate Judge Marian W. Payson. Signed by Hon. Charles J. Siragusa on 3/17/06. (TO, ) (Entered: 03/20/2006)

March 17, 2006

March 17, 2006

PACER
12

ANSWER to Complaint by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

PACER
13

ORDER Scheduling Conference set for 5/10/2006 11:00 AM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 3/28/2006. (KAH) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
14

Corporate Disclosure Statement by Nichols Gas and Oil, Inc.. (DeLuca, R. Scott) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
15

REPORT of Rule 26(f) Planning Meeting. (DeLuca, R. Scott) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
18

Minute Entry for proceedings held before Judge Marian W. Payson : Appearances: Marian Salucuse, Esq. for plaintiff; R. Scott DeLuca, Esq. for defendantScheduling Conference held on 5/10/2006. (CAM, ) (Entered: 05/18/2006)

May 10, 2006

May 10, 2006

PACER
16

SCHEDULING ORDER: Status Conference set for 2/14/2007 11:00 AM before Hon. Marian W. Payson. Mandatory Disclosure due by 6/2/2006. Join Parties/Amend Pleadings due by 7/31/2006. Fact Discovery due by 2/28/2007. Plaintiff Expert Witness ID due by 2/28/2007. Defendant Expert Witness ID due by 3/30/2007. Expert Discovery due by 5/15/2007. Dispositive Motions due by 7/16/2007. Signed by Hon. Marian W. Payson on 5/11/2006. (KAH) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

PACER
17

AMENDED SCHEDULING ORDER (to correct status conference date): Status Conference set for 2/14/2007 11:00 AM before Hon. Marian W. Payson. Mandatory Disclosure due by 6/2/2006. Join Parties/Amend Pleadings due by 7/31/2006. Fact Discovery due by 2/28/2007. Plaintiff Expert Witness ID due by 2/28/2007. Defendant Expert Witness ID due by 3/30/2007. Expert Discovery due by 5/15/2007. Dispositive Motions due by 7/16/2007. Signed by Hon. Marian W. Payson on 5/15/2006. (KAH) (Entered: 05/16/2006)

May 15, 2006

May 15, 2006

PACER
19

STIPULATION AND ORDER amending paragraph 2 of the court's amended scheduling order filed 5/15/06: Join Parties/Amend Pleadings due by 8/31/2006.. Signed by Hon. Marian W. Payson on 6/28/06. (TO, ) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

PACER
20

NOTICE of Appearance by Sunu P. Chandy on behalf of Equal Employment Opportunity Commission (Chandy, Sunu) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
21

STIPULATION AND ORDER that the parties agree to amending paragraph 2 of the court's amended scheduling order filed 5/15/06 and as amended by this courts order of 6/28/06 (see order). Signed by Hon. Marian W. Payson on 8/9/06. (TO, ) (Entered: 08/14/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
22

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Hon. Marian W. Payson on 8/11/2006. (KAH) (Entered: 08/14/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
23

First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support # 2 Affidavit)(Chandy, Sunu) (Entered: 01/16/2007)

2 Memorandum in Support

View on PACER

3 Affidavit

View on PACER

Jan. 16, 2007

Jan. 16, 2007

PACER
24

Sealed Document to #23 (Attachments: # 1 Exhibit b# 2 Exhibit c# 3 Exhibit d# 4 Exhibit e# 5 Exhibit f# 6 Exhibit g# 7 Exhibit h# 8 Exhibit i# 9 Exhibit j# 10 Exhibit k# 11 Exhibit l# 12 Exhibit m# 13 Exhibit n# 14 Exhibit o)(TO, ) (Entered: 01/18/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER
25

STIPULATION AND ORDER (1) agreeing to amend 5/15/2006 scheduling order following the resolution of plaintiff's motion to amend; (2) adjourning 2/14/2007 status conference; (3) counsel for plaintiff shall notify this Court in writing within ten days of a decision on the pending motion to amend to request a status conference. Signed by Hon. Marian W. Payson on 1/26/2007. (KAH) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

PACER
26

ORDER re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission, Responses due by 2/28/2007 Replies due by 3/16/2007. Motion Hearing set for 5/31/2007 03:00 PM before Hon. Charles J. Siragusa.. Signed by Hon. Charles J. Siragusa on 1/29/07. (TO, ) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

PACER
27

MOTION SCHEDULING ORDER re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission: Responses due by 2/12/2007. Replies due by 2/26/2007. Motion Hearing set for 3/13/2007 3:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 1/30/2007. (KAH) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

PACER
28

ORDER re 26 Order,, Set/Reset Motion and R&R Deadlines/Hearing. The Motion Scheduling Order [#26] issued by the undersigned is vacated. The parties shall comply with the dates set forth in the Motion Scheduling Order [#27] issued by Magistrate Judge Payson.Signed by Hon. Charles J. Siragusa on 2/2/07. (KAR, ) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
29

AMENDED MOTION SCHEDULING ORDER re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission: Responses due by 2/28/2007. Replies due by 3/14/2007. Motion Hearing set for 4/4/2007 2:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 12/12/2007. (KAH) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

PACER
30

MEMORANDUM in Opposition re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Appendix of Unreported Cases# 2 Appendix of Unreported Cases- ALL CASES)(DeLuca, R. Scott) (Entered: 02/28/2007)

2 Appendix of Unreported Cases

View on PACER

3 Appendix of Unreported Cases- ALL CASES

View on PACER

Feb. 28, 2007

Feb. 28, 2007

PACER
31

REPLY to Response to Motion re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
32

Minute Entry for proceedings held before Judge Marian W. Payson : Motion Hearing held on 4/4/2007 on plaintiff's motion to amend (#23). Motion reserved.Appearances: Sunu P. Chandy, Esq. for plaintiff; R. Scott DeLuca, Esq. for Nichols Gas & Oil (CAM, ) (Entered: 04/11/2007)

April 4, 2007

April 4, 2007

PACER
33

LETTER ORDER granting request to allow Townsend Oil Corporation to respond to 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/a Townsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. filed by Equal Employment Opportunity Commission: Townsend Oil Corporation's Response due by 6/4/2007. Any responsive submissions shall be filed by 6/18/2007. Signed by Hon. Marian W. Payson on 5/4/2007. (KAH ) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
34

TRANSCRIPT of Proceedings (Motion Hearing) held on April 4, 2007 before Judge Marian W. Payson. Court Reporter: Karen J. Winter. 35 Pages. (Oogjen, Susan) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

PACER
35

NOTICE of Appearance by James Scott Wolford on behalf of Townsend Oil Corporation (Wolford, James) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

PACER
36

Sealed Document. (TO, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

PACER
37

Sealed Document. (TO, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

PACER
38

Sealed Document. (TO, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

PACER
39

REPLY to Response to Motion re 23 First MOTION to Amend/Correct Complaint to Add Townsend Oil Corporation, d/b/aTownsend Oil & Propane, as Successor Defendant to Defendant Nichols Gas & Oil, Inc. Second Reply -Re Townsend Submission filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

PACER
40

DECISION & ORDER The EEOC's motion for leave to amend its Complaint in order to add Townsend as a successor defendant in this matter 23 is granted. The EEOC is directed to serve and file the amended complaint by no later than twenty days from the entry of this Order. Signed by Judge Marian W. Payson on 9/28/2007. (KAH) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

PACER
41

AMENDED COMPLAINT Adding Townsend as a Successor Defendant against Townsend Oil Corporation, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Chandy, Sunu) (Entered: 10/01/2007)

2 Certificate of Service

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Oct. 1, 2007

Oct. 1, 2007

PACER
42

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Townsend Oil Corporation waiver sent on 10/1/2007, answer due 11/30/2007. (Chandy, Sunu) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
43

STIPULATION AND ORDER extending defendant Nichols Gas & Oil, Inc.'s time to respond to amended complaint. Answer due date updated as to Nichols Gas and Oil, Inc. answer due 11/16/2007. Signed by Hon. Marian W. Payson on 10/23/2007. (KAH) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
44

ANSWER to Amended Complaint by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
45

ANSWER to Amended Complaint, CROSSCLAIM against Nichols Gas and Oil, Inc. by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, Michael) (Entered: 11/30/2007)

2 Certificate of Service

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Nov. 30, 2007

Nov. 30, 2007

PACER
46

ANSWER to Crossclaim by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 12/20/2007)

Dec. 20, 2007

Dec. 20, 2007

PACER
47

LETTER ORDER Scheduling Conference set for 3/4/2008 at 10:00 AM before Hon. Marian W. Payson. The parties may participate telephonically. Any submissions counsel wish to make with respect to discovery issues shall be provided to the Court by no later than 2/27/2008. Signed by Hon. Marian W. Payson on 2/4/2008. (KAH) (Entered: 02/07/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER
48

Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 3/4/2008. Appearances: Sunu P. Chandy, Esq., Robert Rose, Esq. and Jeffrey Burnstein, Esq. for plaintiff; R. Scott DeLuca, Esq. for defendant Nichols Gas and Oil, Inc.; Michael P. Wolford, Esq. and James S. Wolford, Esq. for defendant Townsend Oil Corporation. (KAH) (Entered: 03/18/2008)

March 4, 2008

March 4, 2008

PACER
49

AMENDED SCHEDULING ORDER: Status Conference set for 9/3/2008 11:00 AM before Hon. Marian W. Payson. Mandatory Disclosure due by 3/3/2008. Join Parties/Amend Pleadings due by 4/1/2008. Fact Discovery completed by 10/31/2008. Plaintiff Expert Witness ID due by 12/1/2008. Defendant Expert Witness ID due by 12/31/2008. Expert Discovery due by 2/17/2009. Dispositive Motions due by 4/20/2009. Signed by Hon. Marian W. Payson on 3/20/2008. (KAH) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

PACER
50

NOTICE of Appearance by Jeffrey C. Burstein on behalf of Equal Employment Opportunity Commission (Burstein, Jeffrey) (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

PACER
51

SEALED MOTION by Townsend Oil Corporation. (Attachments: # 1 Memorandum in Support, # 2 Declaration)(TO) (Entered: 06/24/2008)

June 23, 2008

June 23, 2008

PACER
52

MOTION SCHEDULING ORDER re 51 SEALED MOTION filed by Townsend Oil Corporation. (Responses due by 7/9/2008, Motion Hearing set for 7/16/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 6/27/2008. (KAH) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

PACER
53

ORDER re 51 SEALED MOTION filed by Townsend Oil Corporation. Townsend's motion shall remain under seal until 7/9/2008. If either party believes the motion should remain sealed subsequent to that date, it must file a motion to seal, as required by Local Rule 5.4. If no such application is received by 7/9/2008, the Court will direct the Clerk of the Court to unseal Townsend's motion to compel. Signed by Hon. Marian W. Payson on 6/27/2008. (KAH) (Entered: 06/30/2008)

June 27, 2008

June 27, 2008

PACER
54

LETTER ORDER granting request as to 51 SEALED MOTION filed by Townsend Oil Corporation. (Responses due by 8/1/2008, Motion Hearing set for 8/12/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 6/30/2008. (KAH) (Entered: 07/01/2008)

June 30, 2008

June 30, 2008

PACER
55

MOTION to Seal Document by Townsend Oil Corporation. (Attachments: # 1 Declaration, # 2 Exhibit A-Proposed Order, # 3 Certificate of Service)(Wolford, James) (Entered: 07/09/2008)

2 Declaration

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3 Exhibit A-Proposed Order

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4 Certificate of Service

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July 9, 2008

July 9, 2008

RECAP
56

MOTION SCHEDULING ORDER re 55 MOTION to Seal Document filed by Townsend Oil Corporation. ( Responses due by 8/1/2008, Motion Hearing set for 8/12/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 7/10/2008. (KAH) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
57

MOTION to Compel by Nichols Gas and Oil, Inc..(DeLuca, R. Scott) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

PACER
58

AFFIDAVIT in Support re 57 MOTION to Compel Attorney Affidavit in Support of Motion to Compel filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(DeLuca, R. Scott) (Entered: 07/16/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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July 16, 2008

July 16, 2008

PACER
59

MEMORANDUM in Support re 57 MOTION to Compel (with Appendix of Unreported Cases) filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Appendix of Unreported Cases)(DeLuca, R. Scott) (Entered: 07/16/2008)

2 Appendix of Unreported Cases

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July 16, 2008

July 16, 2008

PACER
60

MOTION SCHEDULING ORDER re 57 MOTION to Compel filed by Nichols Gas and Oil, Inc. (Responses due by 8/1/2008, Motion Hearing set for 8/12/2008 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 7/17/2008. (KAH) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
61

Sealed Document. (TO) (Entered: 08/01/2008)

July 31, 2008

July 31, 2008

PACER
62

Minute Entry for proceedings held before Hon. Marian W. Payson: Motion Hearing held on 8/12/2008, Motion to compel filed by Townsend Oil (#51) - reserved. Motion to compel filed by Nichols Gas & Oil (#57) - reserved. Defendants to file supplemental memoranda of law by 8/29/08; defendant to file by 9/19/08.Motion by Townsend Oil to seal (#55) is granted in part. Parties to send the Court a letter regarding sealed documents. Motion for sanctions is denied. Appearances: Sunu P. Chandy, Esq. for plaintiff; R. Scott DeLuca, Esq. for Nichols Gas & Oil; James Wolford, Esq. for Townsend Oil (CAM) (Entered: 08/14/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
63

AMENDED SCHEDULING ORDER: Telephone Conference adjourned to 1/7/2009 11:20 AM before Hon. Marian W. Payson. Parties are directed to call in. Fact Discovery to be completed by 1/30/2009. Plaintiff Expert Witness ID due by 3/2/2009. Defendant Expert Witness ID due by 3/31/2009. Expert Discovery to be completed by 5/18/2009. Dispositive Motions due by 7/20/2009. Signed by Hon. Marian W. Payson on 8/13/2008. (KAH) (Entered: 08/15/2008)

Aug. 13, 2008

Aug. 13, 2008

PACER
64

MEMORANDUM in Support re 51 SEALED MOTION filed by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, James) (Entered: 08/28/2008)

2 Certificate of Service

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Aug. 28, 2008

Aug. 28, 2008

PACER
65

MEMORANDUM in Support re 57 MOTION to Compel Supplemental Memorandum of Law in Support of Motion to Compel Disclosure filed by Nichols Gas and Oil, Inc.. (Attachments: # 1 Exhibit A)(DeLuca, R. Scott) (Entered: 08/29/2008)

2 Exhibit A

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Aug. 29, 2008

Aug. 29, 2008

PACER
66

Sealed Order. (TO) (Entered: 09/09/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
67

RESPONSE in Opposition re 57 MOTION to Compel, 51 SEALED MOTION, 55 MOTION to Seal Document (Refiling EEOC's 7/31/08 Opposition - Now Filing Electronically with Court- Approved Redactions) filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
68

MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) by Townsend Oil Corporation. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Memorandum in Support, # 20 Certificate of Service)(Wolford, James) (Entered: 09/15/2008)

2 Affidavit

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Exhibit P

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19 Exhibit Q

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20 Memorandum in Support

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21 Certificate of Service

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Sept. 15, 2008

Sept. 15, 2008

PACER
69

MOTION to Compel (originally filed on July 16, 2008--NOW filed with redactions) by Nichols Gas and Oil, Inc.. (Attachments: # 1 Affidavit of R. Scott DeLuca, Esq. (with redactions), # 2 Exhibit A to DeLuca Affidavit, # 3 Exhibit B to DeLuca Affidavit, # 4 Exhibit C to DeLuca Affidavit, # 5 Exhibit D to DeLuca Affidavit, # 6 Exhibit E to DeLuca Affidavit, # 7 Memorandum in Support (with redactions), # 8 Appendix of Unreported Decisions)(DeLuca, R. Scott) (Entered: 09/15/2008)

2 Affidavit of R. Scott DeLuca, Esq. (with redactions)

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3 Exhibit A to DeLuca Affidavit

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4 Exhibit B to DeLuca Affidavit

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5 Exhibit C to DeLuca Affidavit

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6 Exhibit D to DeLuca Affidavit

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7 Exhibit E to DeLuca Affidavit

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8 Memorandum in Support (with redactions)

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9 Appendix of Unreported Decisions

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Sept. 15, 2008

Sept. 15, 2008

PACER
70

MEMORANDUM in Opposition re 57 MOTION to Compel, 51 SEALED MOTION Supplemental Memorandum of Law - Post-Argument (Re Sims) filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
71

RESPONSE in Opposition re 69 MOTION to Compel (originally filed on July 16, 2008--NOW filed with redactions) MOTION to Compel (originally filed on July 16, 2008--NOW filed with redactions), 68 MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) MOTION to Compel (original motion filed 6/23/08 - now filed with approved redactions) Letter Re Pritchard v. County of Erie, 07-5702 (10/14/08 Second Circuit Opinion) filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

PACER
72

Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 1/29/2009. Appearances: Sunu P. Chandy, Esq. for plaintiff; James S. Wolford, Esq. and R. Scott DeLuca, Esq. for defendants (CAM) (Entered: 01/30/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
73

AMENDED SCHEDULING ORDER: Status Conference set for 6/18/2009 11:40 AM before Hon. Marian W. Payson. (See Order for Detailed Deadlines). Signed by Hon. Marian W. Payson on 1/30/2009. (KAH) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
74

Supplemental Letter Submission dated 8/8/2008 to 61 by Equal Employment Opportunity Commission. (Chandy, Sunu). (KAH) (Entered: 03/03/2009)

March 3, 2009

March 3, 2009

PACER
75

ORDER granting in part and denying in part 51 Sealed Motion; granting in part and denying in part 57 Motion to Compel; granting in part and denying in part 68 Motion to Compel; granting in part and denying in part 69 Motion to Compel. Please refer to the Order for details. Signed by Hon. Marian W. Payson on 3/9/09. (RE) (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

RECAP
76

AFFIDAVIT (Court Requested Redacted Affidavit) by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
77

LETTER ORDER granting request for a stay of discovery until 4/24/2009 and an extension until 4/27/2009 to file any Fed. R. Civ. P. 72(a) review and appeal of the Court's 3/9/2009 Order. Signed by Hon. Marian W. Payson on 3/20/2009. (KAH) (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

PACER
78

LETTER ORDER granting defendant Townsend Oil Corporation's request for extension of page limitation to not exceed 30 pages for the memorandum of law in support of summary judgment motion.. Signed by Hon. Charles J. Siragusa on 5/20/09. (KAP) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

PACER
79

MOTION for Summary Judgment by Townsend Oil Corporation. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Appendix Cover Page, # 3 Appendix Attorney Declaration of James S. Wolford, # 4 Appendix Exhibit 1, # 5 Appendix Exhibit 2, # 6 Appendix Exhibit 3, # 7 Appendix Exhibit 4 - Part 1 of 12, # 8 Appendix Exhibit 4 - Part 2 of 12, # 9 Appendix Exhibit 4 - Part 3 of 12, # 10 Appendix Exhibit 4 - Part 4 of 12, # 11 Appendix Exhibit 4 - Part 5 of 12, # 12 Appendix Exhibit 4 - Part 6 of 12, # 13 Appendix Exhibit 4 - Part 7 of 12, # 14 Appendix Exhibit 4 - Part 8 of 12, # 15 Appendix Exhibit 4 - Part 9 of 12, # 16 Appendix Exhibit 4 - Part 10 of 12, # 17 Appendix Exhibit 4 - Part 11 of 12, # 18 Appendix Exhibit 4 - Part 12 of 12, # 19 Appendix Exhibit 5 - Part 1 of 4, # 20 Appendix Exhibit 5 - Part 2 of 4, # 21 Appendix Exhibit 5 - Part 3 of 4, # 22 Appendix Exhibit 5 - Part 4 of 4, # 23 Appendix Exhibit 6, # 24 Appendix Exhibit 7 - Part 1 of 4, # 25 Appendix Exhibit 7 - Part 2 of 4, # 26 Appendix Exhibit 7 - Part 3 of 4, # 27 Appendix Exhibit 7 - Part 4 of 4, # 28 Appendix Exhibit 8 - Part 1 of 3, # 29 Appendix Exhibit 8 - Part 2 of 3, # 30 Appendix Exhibit 8 - Part 3 of 3, # 31 Appendix Exhibit 9, # 32 Certificate of Service)(Wolford, James) (Entered: 05/22/2009)

2 Statement of Undisputed Material Facts

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3 Appendix Cover Page

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4 Appendix Attorney Declaration of James S. Wolford

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5 Appendix Exhibit 1

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6 Appendix Exhibit 2

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7 Appendix Exhibit 3

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8 Appendix Exhibit 4 - Part 1 of 12

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9 Appendix Exhibit 4 - Part 2 of 12

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10 Appendix Exhibit 4 - Part 3 of 12

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11 Appendix Exhibit 4 - Part 4 of 12

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12 Appendix Exhibit 4 - Part 5 of 12

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13 Appendix Exhibit 4 - Part 6 of 12

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14 Appendix Exhibit 4 - Part 7 of 12

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15 Appendix Exhibit 4 - Part 8 of 12

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16 Appendix Exhibit 4 - Part 9 of 12

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17 Appendix Exhibit 4 - Part 10 of 12

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18 Appendix Exhibit 4 - Part 11 of 12

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19 Appendix Exhibit 4 - Part 12 of 12

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20 Appendix Exhibit 5 - Part 1 of 4

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21 Appendix Exhibit 5 - Part 2 of 4

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22 Appendix Exhibit 5 - Part 3 of 4

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23 Appendix Exhibit 5 - Part 4 of 4

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24 Appendix Exhibit 6

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25 Appendix Exhibit 7 - Part 1 of 4

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26 Appendix Exhibit 7 - Part 2 of 4

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27 Appendix Exhibit 7 - Part 3 of 4

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28 Appendix Exhibit 7 - Part 4 of 4

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29 Appendix Exhibit 8 - Part 1 of 3

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30 Appendix Exhibit 8 - Part 2 of 3

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31 Appendix Exhibit 8 - Part 3 of 3

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32 Appendix Exhibit 9

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33 Certificate of Service

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May 22, 2009

May 22, 2009

PACER
80

MEMORANDUM OF LAW IN SUPPORT OF 79 MOTION for Summary Judgment by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, James) Modified text on 5/26/2009 (TO). (Entered: 05/22/2009)

2 Certificate of Service

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May 22, 2009

May 22, 2009

RECAP
81

AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) 6/18/2009 Status Conference adjourned without date. Court's 1/30/2009 Amended Scheduling Order 73 stayed pending decision by the district court on Townsend Oil Corporation's pending summary judgment motion. Counsel for Townsend to notify Court in writing within ten days of the district court's decision on the pending summary judgment motion to schedule a status conference. Signed by Hon. Marian W. Payson on 6/2/2009. (KAH) (Entered: 06/04/2009)

June 2, 2009

June 2, 2009

PACER
82

ORDER, (Responses due by 7/24/2009, Replies due by 8/24/2009., Motion Hearing set for 12/3/2009 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 6/22/09. (TO) (Entered: 06/26/2009)

June 25, 2009

June 25, 2009

PACER
83

LETTER ORDER re 79 MOTION for Summary Judgment filed by Townsend Oil Corporation granting plaintiff's request for extension of time. ( EEOC's response due by 8/14/2009 Defendant Townsend's reply is due by 9/28/2009.EEOC's further reply to cross-motion is due 10/23/09.). Signed by Hon. Charles J. Siragusa on 7/21/09. (KAP) (Entered: 07/22/2009)

July 22, 2009

July 22, 2009

PACER
84

Reply Memo of law in opposition to 79 and in support of 87 Cross MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission.(Chandy, Sunu) Modified text on 8/14/2009 (TO). (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

RECAP
85

Plaintiff EEOC's Rule 56.1 response to Townsned's undisputed material facts and Plaintiff's supplemental undisputed facts (Chandy, Sunu) Modified on 8/14/2009 (TO). (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

RECAP
86

DECLARATION of Sunu Chandy in opposition to 79 MOTION for Summary Judgment and in support of 87 cross motion for partial summary judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Chandy, Sunu) Modified text on 8/14/2009 (TO). (Entered: 08/13/2009)

2 Certificate of Service

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Aug. 13, 2009

Aug. 13, 2009

RECAP
87

Cross MOTION for Summary Judgment (*Notice* of Cross-Motion) by Equal Employment Opportunity Commission.(Chandy, Sunu) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
88

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Chandy, Sunu) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

RECAP
89

REPLY to Response to Motion re 79 MOTION for Summary Judgment filed by Townsend Oil Corporation. (Attachments: # 1 Certificate of Service)(Wolford, James) (Entered: 09/28/2009)

2 Certificate of Service

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Sept. 28, 2009

Sept. 28, 2009

RECAP
90

REPLY to Response to Motion for Partial Summary Judgment finding that Townsend is a Title VII Successor Defendant filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

PACER
91

Minute Entry for proceedings held before Hon. Charles J. Siragusa: Suan Chandy appearing on behalf of plaintiff. Michael Wolford appearing on behalf of defendant Townsend Oil Corporation. Motion Hearing held on 12/3/2009 re 79 Motion for Summary Judgment by Townsend Oil Corporation and 87 Cross Motion for Summary Judgment by Equal Employment Opportunity Commission. Motions Submitted: 79 Motion for Summary Judgment by Townsend Oil Corporation and 87 Cross Motion for Summary Judgment by Equal Employment Opportunity Commission. Court to render written decision. (Court Reporter Karen Bush.) (KJA) (Entered: 12/04/2009)

Dec. 3, 2009

Dec. 3, 2009

PACER
92

DECISION AND ORDER granting in part and denying in part 79 Motion for Summary Judgment; granting in part and denying in part 87 Motion for Summary Judgment. Townsends summary judgment motion [#79] is granted as to Plaintiffs claim for punitive damages, but is otherwise denied. Plaintiffs cross-motion for summary judgment [#87] is denied to the extent that it seeks a ruling that Townsend may be held liable for punitive damages, but it otherwise granted. Signed by Hon. Charles J. Siragusa on 1/13/10. (KAP) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

RECAP
93

ORDER (By 3/31/2010, each party shall submit directly to chambers a confidential settlement report.) Signed by Hon. Marian W. Payson on 3/16/2010. (KAH) (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
94

NOTICE of Appearance by Judith Ann Biltekoff on behalf of Equal Employment Opportunity Commission (Biltekoff, Judith) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

PACER
95

NOTICE of Appearance by Delia Dianna Cadle on behalf of Equal Employment Opportunity Commission (Cadle, Delia) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
96

AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Status Conference set for 1/20/2011 at 11:40 AM before Hon. Marian W. Payson. Motions to Compel Discovery due by 1/31/2011. Fact Discovery to be completed by 2/28/2011. Plaintiff Expert Witness ID due by 3/31/2011. Defendant Expert Witness ID due by 5/2/2011. Expert Discovery to be completed by 6/16/2011. Dispositive Motions due by 8/16/2011. Signed by Hon. Marian W. Payson on 10/18/2010. (KAH) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
97

Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 1/20/2011. Appearances: Nora Curtin, Esq. and Delia D. Cadle, Esq. for plaintiff; James Wolford, Esq. and Elizabeth Cordello, Esq. for defendant (CAM) (Entered: 01/27/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
98

LETTER ORDER granting request. Fact discovery shall be completed, and all motions to compel fact discovery filed, by no later than 3/31/2011. All other deadlines in the current scheduling order remain in force. (Fact Discovery to be completed by 3/31/2011.) Signed by Hon. Marian W. Payson on 2/1/2011. (KAH) (Entered: 02/03/2011)

Feb. 1, 2011

Feb. 1, 2011

PACER
99

LETTER ORDER granting request to conduct one non-party deposition by no later than 6/30/2011. Signed by Hon. Marian W. Payson on 3/17/2011. (KAH) (Entered: 03/18/2011)

March 17, 2011

March 17, 2011

PACER
100

MOTION for Summary Judgment by Nichols Gas and Oil, Inc.. (Attachments: # 1 Statement of Undisputed Facts, # 2 Exhibit A through u, # 3 Affidavit Affidavit of Elizabeth A. Cordello with Attached Exhibit A, # 4 Memorandum in Support, # 5 Certificate of Service)(Cordello, Elizabeth) (Entered: 08/16/2011)

1 Statement of Undisputed Facts

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2 Exhibit A through u

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3 Affidavit Affidavit of Elizabeth A. Cordello with Attached Exhibit A

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4 Memorandum in Support

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5 Certificate of Service

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Aug. 16, 2011

Aug. 16, 2011

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. 14, 2005

Closing Date: 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers that were discriminated against because of their sex.

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

Townsend Oil Corporation, Private Entity/Person

Nichols Gas and Oil, 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

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: $150,000.00

Order Duration: 2012 - 2022

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Training

Issues

General:

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