Filed Date: June 11, 2003
Closed Date: 2010
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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)
LOVENDUSKI v. FOODCRAFTERS DISTRIBUTING COMPANY, District of New Jersey (2004)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5711379/parties/equal-employment-opp-v-foodcrafters-dist/
Bumb, Renee Marie (New Jersey)
Donio, Ann Marie (New Jersey)
Cook, Terrence R. (Pennsylvania)
Chodoff, Louis L. (New Jersey)
Chiesa, Kristofer (New Jersey)
Bumb, Renee Marie (New Jersey)
Donio, Ann Marie (New Jersey)
Irenas, Joseph Eron (New Jersey)
Kugler, Robert B. (New Jersey)
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.
State / Territory: New Jersey
Case Type(s):
Special Collection(s):
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):
Attorney Organizations:
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:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 384500
Order Duration: 2006 - 2010
Content of Injunction:
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Implement complaint/dispute resolution process
Issues
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination-basis:
National origin discrimination
Race:
Affected Sex or Gender:
EEOC-centric: