Case: EEOC v. O'Brien-Kreitzberg, Inc.

3:02-cv-01963 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Oct. 31, 2002

Closed Date: Nov. 5, 2003

Clearinghouse coding complete

Case Summary

In October 2002, the EEOC district office in Philadelphia, Pennsylvania brought this action against O'Brien-Kreitzberg, Inc., a general contracting firm and a subsidiary of the URS Corporation, in the U.S. District Court for the Middle District of Pennsylvania. The complaint alleged that the defendant violated the Age Discrimination in Employment Act of 1967 (ADEA) when it refused to hire a job applicant after an interviewer discovered his age. After the defendant filed its initial answer and while a defense motion for summary judgment was pending, the parties settled and a consent decree was entered in November 2003.

In the consent decree, the parties agreed that the defendant would pay the aggrieved party $50,000, refrain from retaliating and discriminating on the basis of age, and post a notice of the suit and stating its commitment to complying with the ADEA. The terms of the decree ran for one year.

Summary Authors

Jason Chester (7/24/2007)

Documents in the Clearinghouse

Document

3:02-cv-01963

Docket [PACER]

EEOC v. O'Brien-Kreitzberg

Nov. 5, 2003

Nov. 5, 2003

Docket
1

3:02-cv-01963

Complaint

Oct. 31, 2002

Oct. 31, 2002

Complaint
23

3:02-cv-01963

Consent Decree

Nov. 5, 2003

Nov. 5, 2003

Settlement Agreement

Resources

Docket

Last updated Jan. 23, 2024, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Age discrimination in employment. (rm) (Entered: 10/31/2002)

Oct. 31, 2002

Oct. 31, 2002

SUMMONS ISSUED as to defendant O'Brien-Kreitzberg (rm) (Entered: 10/31/2002)

Oct. 31, 2002

Oct. 31, 2002

2

SCHEDULING ORDER: by Judge William J. Nealon re: Assignment of case and proper procedures. (cc: all counsel w/ Case Mgmt. Form attached) (ts) (Entered: 11/05/2002)

Nov. 5, 2002

Nov. 5, 2002

3

MAIL RETURNED (Scheduling Order dtd 11/5/02) addressed to Judith O'Boyle, Atty for pltf EEOC marked "Attempted Not Known" (ao) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

4

MAIL RETURNED (Scheduling Order dtd 11/5/02 addressed to Jacqueline H. McNair, Atty for pltf EEOC marked "Attempted Not Known" (ao) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

5

ANSWER WITH AFFIRMATIVE DEFENSES by defendant O'Brien-Kreitzberg with c/s. (ts) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

SUMMONS REISSUED as to defendant O'Brien-Kreitzberg and sent to Plty atty. (sm) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

6

RETURN OF SERVICE executed upon defendant O'Brien-Kreitzberg 12/24/02 (ts) (Entered: 02/03/2003)

Jan. 27, 2003

Jan. 27, 2003

7

ORDER Case Management Conference set for 4/24/2003 10:00 AM in Scranton before Honorable William J. Nealon. Signed by Judge William J. Nealon on 3/13/03. (rk, ) (Entered: 03/13/2003)

March 13, 2003

March 13, 2003

8

Letter Order - the Case Management Conf. originally scheduled for 4/24/03 @ 10:00 AM is now scheduled for 5/1/2003, @2:00 PM in Scranton before Honorable William J. Nealon. Signed by Judge William J. Nealon on 4/9/03. (rk, ) (Entered: 04/09/2003)

April 9, 2003

April 9, 2003

10

CASE MANAGEMENT PLAN addendum of EEOC's damage calculations of lost wages & medical expenses for Carl Petro, to be added to parties' Joint Case Mgmt. Plan.(rk, ) (Entered: 04/30/2003)

April 30, 2003

April 30, 2003

12

PRETRIAL ORDER - A pretrial conference will be held on Thursday, 10/23/03, in chambers, at 10:30 A.M. before the Honorable William J. Nealon.Signed by Judge William J. Nealon on 8/22/03. (rk, ) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

13

ORDER - Jury Selection and Trial is scheduled for Monday, 10/27/03, at 10:00 A.M., before the Honorable William J. Nealon. Signed by Judge William J. Nealon on 8/22/03. (rk, ) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

14

ORDER - Trial date is scheduled for Monday, 10/27/03. Any dispositive motions contemplated must be filed no later than 9/30/03.Signed by Judge William J. Nealon on 8/28/03. (rk, ) (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

15

MOTION to depose witness after close of discovery by pltf Equal Employment Opportunity Commission; C/S (Attachments: # 1 Propo)(vg, ) (Entered: 09/02/2003)

Aug. 29, 2003

Aug. 29, 2003

16

ORDER granting 15 Motion Discovery deadline is extended until September 12, 2003 to allow taking of additional discovery, including the deposition of Ria Bolli Signed by Judge William J. Nealon on 09/03/03 (wjnlc1, ) (Entered: 09/03/2003)

Sept. 3, 2003

Sept. 3, 2003

17

MOTION to Continue Trial Date by O'Brien-Kreitzberg, Inc..(Myers, John) (Entered: 09/15/2003)

Sept. 15, 2003

Sept. 15, 2003

18

ORDER granting Motion to Continue Trial (Doc. 17) scheduled for Monday, 10/27/03. A Settlement Conference will be conducted on 10/8/2003 at 10:30 AM., and, if necessary, a new trial date will be set following the settlement conference. Signed by Judge William J. Nealon on 9/17/03 (rk, ) (Entered: 09/17/2003)

Sept. 17, 2003

Sept. 17, 2003

19

MOTION for Summary Judgment by O'Brien-Kreitzberg, Inc..(Myers, John) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

20

DEPOSITION TRANSCRIPT of various taken on various by O'Brien-Kreitzberg, Inc.. (Attachments: # 1 Appendix summary judgment appendix# 2 Appendix Vol II appendix# 3 Appendix Vol III)(Myers, John) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

21

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.Signed by Judge William J. Nealon on 10/10/03. (rk, ) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

22

PROPOSED DOCUMENT re: CONSENT DECREE. (ts, ) (Entered: 11/04/2003)

Oct. 30, 2003

Oct. 30, 2003

23

CONSENT DECREE.Signed by Judge William J. Nealon on 11/4/2003. Filed on 11/5/2003.(bg, ) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 31, 2002

Closing Date: Nov. 5, 2003

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

O'Brien-Kreitzbert, Inc., 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: 50000

Order Duration: 2003 - 2004

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits