Case: EEOC v. NABSTAR LLC (DBA SLEEP INN)

1:05-cv-00374 | U.S. District Court for the District of Delaware

Filed Date: June 8, 2005

Closed Date: Aug. 28, 2008

Clearinghouse coding complete

Case Summary

In June 2005, the EEOC district office in Wilmington, Delaware brought this suit against Nabstar LLC, a regional hotel chain, in the U.S. District Court for the District of Delaware. The complaint alleges that the defendant violated 29 U.S.C. section 626(b) (ADEA) when it terminated a 74-year old female two weeks after the defendant acquired her former employer. Specifically, the defendant replaced the 74-year old with a 28-year old after the aggrieved employee performed satisfactorily for 6 …

In June 2005, the EEOC district office in Wilmington, Delaware brought this suit against Nabstar LLC, a regional hotel chain, in the U.S. District Court for the District of Delaware. The complaint alleges that the defendant violated 29 U.S.C. section 626(b) (ADEA) when it terminated a 74-year old female two weeks after the defendant acquired her former employer. Specifically, the defendant replaced the 74-year old with a 28-year old after the aggrieved employee performed satisfactorily for 6 years prior. After the parties could not reach a settlement in mediation and a defendant motion for summary judgment was pending for two months, the parties entered into a consent decree in August 2006.

The consent decree stated that the defendant must (1) not discriminate or retaliate against persons because of his or her age; (2) not divulge any details pertaining to this litigation to any identifiable or potential employer of the aggrieved employee; (3) pay the aggrieved employee a total of $10,000 in satisfaction of all claims relating to this litigation; (4) conspicuously post a notice in its Wilmington facility conveying its commitment to anti-age discrimination; (5) draft a policy or policies against age discrimination and provide a reporting system for complaints; (6) distribute the policies to individual employees and have a receipt of receipt in each personnel file; and (7) provide ADEA training to all of its supervisors and managers in its Newark, Delaware facility. The term of this agreement was two years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Joel Pettit (6/10/2007)

Documents in the Clearinghouse

Document

1:05-cv-00374

Docket

EEOC v. Nabstar LLC

Aug. 28, 2006

Aug. 28, 2006

Docket
1

1:05-cv-00374

Complaint

EEOC v. Nabstar LLC

June 8, 2005

June 8, 2005

Complaint
48

1:05-cv-00374

Consent Decree

EEOC v. Nabstar LLC

Aug. 28, 2006

Aug. 28, 2006

Order/Opinion

Resources

Docket

Last updated March 31, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed with Jury Demand against Nabstar LLC - Magistrate Consent Notice to Pltf. - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(mwm, ) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

Summons Issued as to Nabstar LLC on 6/8/2005. (mwm, ) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

Case assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (rjb, ) (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

2

Letter to Dr. Peter Dalleo from Sylvia E. Williams, Paralegal Specialist, regarding original summons and affidavit of service. (mmm) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

3

Return of Service Executed. Nabstar LLC served on 7/5/2005, answer due 7/25/2005. (mmm) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

4

MOTION and Order for Admission Pro Hac Vice (O'Boyle & Smith) - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

SO ORDERED, re 4 MOTION and Order for Admission Pro Hac Vice (O'Boyle & Smith) filed by Equal Employment Opportunity Commission . Signed by Judge Gregory M. Sleet on 7/21/05. (asw ) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

5

STIPULATION TO EXTEND TIME to answer complaint or otherwise move in response to Complaint to August 15, 2005 - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

6

NOTICE of Appearance by Kevin J. Connors on behalf of Nabstar LLC (Connors, Kevin) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

SO ORDERED, re 5 STIPULATION TO EXTEND TIME to answer complaint or otherwise move in response to Complaint to August 15, 2005 filed by Equal Employment Opportunity Commission. Reset Answer Deadline: Nabstar LLC answer due 8/15/2005. Signed by Judge Gregory M. Sleet on 7/25/05. (asw ) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

7

MOTION to Allow EEOC Attorneys to Appear Without Local Counsel (O'Boyle, Smith) - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

8

ORDER granting 7 Motion to Allow EEOC Attorneys to Appear Without Local Counsel . Signed by Judge Gregory M. Sleet on 8/3/05. (asw ) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

9

STIPULATION TO EXTEND TIME to Plead to August 22, 2005 - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

10

ANSWER to Complaint with Jury Demand by Nabstar LLC. (Attachments: # 1 Certificate of Service)(Connors, Kevin) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

SO ORDERED, re 9 STIPULATION TO EXTEND TIME to Plead to August 22, 2005 filed by Equal Employment Opportunity Commission . Signed by Judge Gregory M. Sleet on 8/22/05. (asw ) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

Remark: Attorney Judith A. O'Boyle for Equal Employment Opportunity Commission, Rachel M. Smith for Equal Employment Opportunity Commission added per 8/3/05 order of the Court. (rbe, ) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

11

NOTICE of SCHEDULING CONFERERNCE: A Scheduling Conference (see attachment) has been set for Monday, 11/7/05, at 10:00 AM in Chambers before Honorable Gregory M. Sleet. Counsel with primary responsiblity for this case shall appear and be prepared to address any pending motions. If out-of-town counsel are unable to appear in person, they may seek permission to participate by telephone by contacting chambers at (302) 573-6470.(ctd) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

12

RE-NOTICE of SCHEDULING CONFERENCE: The Scheduling Conference (see attachment) currently set for Monday, November 7, 2005, at 10:00 a.m. HAS BEEN RESCHEDULED to Wednesday, November 23, 2005, at 9:15 a.m. in Chambers before Honorable Gregory M. Sleet.(ctd) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

13

NOTICE OF SERVICE of Initial Disclosures by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

14

Joint STATUS REPORT by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

15

NOTICE of Service of Interrogatories Set I & II & Request for Production by Nabstar LLC (Connors, Kevin) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

Minute Entry for proceeding held before Judge Gregory M. Sleet : Scheduling Conference held on 11/23/2005. Initial Disclosures - 11/30/05. Amend/Joinder of Pleadings - 12/15/05. (All) Discovery Cutoff due by 3/15/06; Expert Discovery to be completed by 6/30/06. Case Dispositive Motions/Summary Judgment Motions - 3/31/06. Pretrial Order due 9/5/06; Pretrial Conference on 9/25/06 at 10:00 AM; 4-day Jury Trial on 10/16/06 at 9:00 AM. Refer this case to the Magistrate for ADR. Plaintiff's counsel shall prepare and submit a proposed scheduling order to the Court by 12/1/05. (Court Reporter Kevin Maurer.) (asw ) (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

16

PROPOSED ORDER Scheduling Order by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

SO ORDERED, re 16 Proposed Order filed by Equal Employment Opportunity Commission. ORDER, Setting Scheduling Order Deadlines: Case referred to the Magistrate Judge for the purpose of exploring ADR. Pretrial Conference set for 9/25/2006 at 10:00 AM in Chambers before Honorable Gregory M. Sleet. Initial Disclosures - 11/30/05. Amended Pleadings due by 12/15/2005. Discovery due by 3/15/2006; Expert discovery to be completed by 6/30/06. Joinder of Parties due by 12/15/2005. Dispositive Motions due by 3/31/2006. Proposed Pretrial Order due by 9/5/2006. 4-day Jury Trial set for 10/16/2006 at 09:00 AM in Courtroom 6C before Honorable Gregory M. Sleet.. Signed by Judge Gregory M. Sleet on 12/1/05. (asw, ) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

17

NOTICE OF SERVICE of First Set of Interrogatories and First Request for Production of Documents by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

CASE REFERRED to Mediation. (cab, ) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

18

STENO NOTES of Scheduling Conference held on 11/23/05 before Judge Sleet. Court Reporter: Kevin Maurer. (Notes on file in Clerk's Office) (asw ) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

19

Order Setting Teleconference: Telephone Conference set for 1/18/2006 09:30 AM before Honorable Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 12/2/2005. (cab, ) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

20

NOTICE OF SERVICE of Answers to Interrogatories addressed to Plaintiff: Set I and Set II; Responses to Document Requests addressed to Plaintiff by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

21

ORDER Setting Mediation Conferences: Mediation Conference tentatively set for 5/3/2006 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge. Counsel are to notify the Court should the matter settle prior to the scheduled mediation. Signed by Judge Mary Pat Thynge on 1/18/2006. (cab, ) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

22

NOTICE OF SERVICE of Notice of Deposition by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

23

CERTIFICATE OF SERVICE of CERTIFICATE OF SERVICE DEFENDANT'S ANSWERS TO INTERROGATORIES/RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS by Nabstar LLC (Connors, Kevin) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

24

CERTIFICATE OF SERVICE of ELECTRONIC SIGNATURE CERT OF SERVICE DEFENDANT'S ANSWERS TO INTERR/RESPONSE TO REQ FOR PRODUCTION OF DOCUMENST by Nabstar LLC re 23 Certificate of Service (Connors, Kevin) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

25

NOTICE OF SERVICE of Second Request for Production of Documents by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

26

NOTICE OF SERVICE of Deposition Notice for Joan Payne and Jay Patel by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

27

NOTICE of by Nabstar LLC Deposition (Attachments: # 1 Certificate of Service)(Connors, Kevin) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

28

STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006 - filed by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

29

STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006 - filed by Equal Employment Opportunity Commission. (Smith, Rachel) Modified on 3/14/2006 (asw, ). PLEASE DISREGARD THIS DOCKET ENTRY -- IT IS A DUPLICATE OF D.I. 28. (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

CORRECTING ENTRY: PLEASE DISREGARD D.I. 29, STIPULATION TO EXTEND TIME; IT IS A DUPLICATE OF D.I. 28. (asw ) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

30

Letter to Judge Sleet from Rachel M. Smith, EEOC Trial Attorney regarding Stipulation to Request Extension of Discovery Deadline - re 28 STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006. (Smith, Rachel) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

31

STIPULATION TO EXTEND TIME Dispositive Motion Deadline to April 14, 2006 - filed by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

SO ORDERED, re 28 STIPULATION TO EXTEND TIME to extend discovery cut-off to April 14, 2006 filed by Equal Employment Opportunity Commission,, 31 STIPULATION TO EXTEND TIME Dispositive Motion Deadline to April 14, 2006 filed by Equal Employment Opportunity Commission. ORDER, Resetting Deadlines: Discovery due by 4/14/2006. Dispositive Motions due by 4/14/2006. Signed by Judge Gregory M. Sleet on 3/15/06. (asw ) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

32

NOTICE to Take Deposition of Islyn A. Palmer on 3/17/06 by Nabstar LLC. (Attachments: # 1 Certificate of Service)(Connors, Kevin) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

33

NOTICE OF SERVICE of Subpoena for the Depositions of Alice Yang and Steven Chen by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

34

NOTICE OF SERVICE of Certificate of Service - Response to 2nd. Request for Production by Nabstar LLC.(Connors, Kevin) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

35

NOTICE OF SERVICE of Subpoena of Steven Chen for Deposition on 4/6/06 by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

36

NOTICE OF SERVICE of Subpoena for Deposition of Lynn Hopkins for April 11, 2006 by Equal Employment Opportunity Commission.(Smith, Rachel) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

37

Letter STIPULATION TO EXTEND TIME dispositive motion deadline to 4/21/06 - filed by Nabstar LLC. (Attachments: # 1 Exhibit Executed Stipulation to Extend Time)(Connors, Kevin) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

SO ORDERED, re 37 Letter STIPULATION TO EXTEND TIME dispositive motion deadline to 4/21/06 filed by Nabstar LLC. ORDER, Resetting Deadline: Dispositive Motions due by 4/21/2006. Signed by Judge Gregory M. Sleet on 4/11/06. (asw ) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

38

NOTICE OF SERVICE of Certificate of Service - Defendant Answers to Interrogatories and Reqest for Production by Nabstar LLC.(Connors, Kevin) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

39

MOTION for Summary Judgment Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment - filed by Nabstar LLC. (Attachments: # 1)(Connors, Kevin) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

40

OPENING BRIEF in Support re 39 MOTION for Summary Judgment Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment Memorandum of Points and Authorities in Support of the Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment filed by Nabstar LLC.Answering Brief/Response due date per Local Rules is 5/5/2006. (Attachments: # 1)(Connors, Kevin) (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

41

EXHIBIT re 40 Opening Brief in Support,, 39 MOTION for Summary Judgment Motion of Defendant, Nabstar, LLC d/b/a Sleep Inn, for Summary Judgment by Nabstar LLC. (Attachments: # 1 Exhibit Exhibits A & B# 2 Exhibit Exhibit C, Part 1# 3 Exhibit Exhibit C, Part 2# 4 Exhibit Exhibit C, Part 3# 5 Exhibit Exhibit C, Part 4# 6 Exhibit Exhibit D, Part 1# 7 Exhibit Exhibit D, Part 2# 8 Exhibit Exhibit D, Part 3# 9 Exhibit Exhibit D, Part 4# 10 Exhibit Exhibits E through K)(Connors, Kevin) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

42

MOTION for Extension of Time to File Response/Reply and Motion to Compel Production of Documents - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Attachment "A")(Smith, Rachel) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

43

NOTICE OF SUBSTITUTION OF COUNSEL re Equal Employment Opportunity Commission: Entry of appearance of attorney Douglas Edward McCann. Attorney Rudolph Contreras terminated. (McCann, Douglas) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

44

Letter to The Honorable Gregory M. Sleet from Kevin J. Connors regarding Plaintiff's Motion for Extension of Deadline to Respond to Defendant's Motion for Summary Judgment and Motion to Compel the Production of Documents (D.I. #42). (Connors, Kevin) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

45

Letter to Counsel from Marie McDavid, Case Manager, regarding request for status report. (mmm) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

46

STATUS REPORT by Equal Employment Opportunity Commission. (Smith, Rachel) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

47

Letter to Honorable Gregory M. Sleet from Rachel M. Smith, Trial Attorney, regarding Consent Decree. (mmm) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

48

CONSENT DECREE. Signed by Judge Gregory M. Sleet on 8/28/06. (mmm) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

Case Details

State / Territory: Delaware

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 8, 2005

Closing Date: Aug. 28, 2008

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

Nabstar, LLC (Newark, Deleware), Private Entity/Person

Nabstar, LLC, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 10000

Order Duration: 2006 - 2008

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

Recordkeeping

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits