Case: EEOC v. SIDNEY FRANK IMPORTING CO. INC. & ALL STATE PROMOT

1:97-cv-03722 | U.S. District Court for the Southern District of New York

Filed Date: May 22, 1997

Closed Date: Nov. 5, 1999

Clearinghouse coding complete

Case Summary

In May 1997, the New York District Office of the EEOC filed this lawsuit against Sidney Frank Importing Co. Inc. and All State Promotions Inc., distributers of Jagermeister and Gray Goose Vodka, in the U.S. District Court for the Southern District of New York alleging discrimination on the basis of sex, female, in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. Following referral of the lawsuit to mediation, the parties settled the dispute through a consent decree in June 1999. The Consent Decree required the defendant to: provide training for all supervisors and managers, maintain a comprehensive Policy Against Discrimination and Sexual Harassment, and pay $2,600,000 to a class of over 100 individuals. Additionally the defendant provided a 24-hour toll free number for employees to use to report harassment.

Summary Authors

Keri Livingston (4/10/2008)

Documents in the Clearinghouse

Document

1:97-cv-03722

Docket [PACER]

EEOC v. Sidney Frank Import., et al

Aug. 11, 2000

Aug. 11, 2000

Docket

EEOC Press Release

EEOC v. Sidney Frank Import.

No Court

June 3, 1999

June 3, 1999

Press Release
12

1:97-cv-03722

Consent Decree

EEOC v. Sidney Frank Importing Co.

June 15, 1999

June 15, 1999

Settlement Agreement

Resources

Docket

Last updated April 2, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (ba) (Entered: 05/23/1997)

May 22, 1997

May 22, 1997

Magistrate Judge Peck is so Designated. (ba) (Entered: 05/23/1997)

May 22, 1997

May 22, 1997

2

STIPULATION and ORDER, extending defts' time to answer to the complaint ; reset answer due for 8/29/97 for All State Promotions, for Sidney Frank Import. (signed by Judge Sidney H. Stein). (kg) (Entered: 07/31/1997)

July 30, 1997

July 30, 1997

4

Rule 9 certificate filed by Sidney Frank Import., All State Promotions (lam) (Entered: 09/05/1997)

Sept. 2, 1997

Sept. 2, 1997

5

INITIAL PRETRIAL CONFERENCE NOTICE, set initial pretrial conference for 11:00 9/26/97 ( signed by Judge Sidney H. Stein ); Copies mailed. (ae) (Entered: 09/10/1997)

Sept. 9, 1997

Sept. 9, 1997

6

Case Management Plan: rule 33.3. Interrogatories: Served by defendants on August 29, 1997; served by plaintiff on September 5, 1997; Interrogatory Responses and Objections: plaintiff's responses and objections are due on October 1, 1997; defendants' responses and objections are due on October 7, 1997; 2. First Request for Production of Documents: served by defendants on August 29, 1997; served by plaintiff on September 5, 1997; Responses and Objections to First Requests for Production of Documents: plaintiff's responses and objections are due on October 1, 1997; Defendants' responses and objections are due on October 7, 1997; case management conference set for 11:30 10/31/97 (signed by Judge Sidney H. Stein); Copies mailed. (djc) (Entered: 09/29/1997)

Sept. 26, 1997

Sept. 26, 1997

7

Transcript of record of proceedings before Judge Stein filed for dates of September 26, 1997 (jp) (Entered: 11/03/1997)

Nov. 3, 1997

Nov. 3, 1997

8

Order referring action to the Clerk to assign the above-entitled action to mediation ( signed by Judge Sidney H. Stein ). (ae) (Entered: 11/05/1997)

Nov. 5, 1997

Nov. 5, 1997

9

Notice of selection of mediator. (sc) (Entered: 12/08/1997)

Dec. 8, 1997

Dec. 8, 1997

10

Filed Memo-Endorsement on letter to Judge Stein from Elizabeth Grossman, dated 5/13/99, extending time to 5/28/99 for the parties to either submit the Consent Decree or appear before (your honor) ( signed by Judge Sidney H. Stein ) (cd) (Entered: 05/14/1999)

May 14, 1999

May 14, 1999

11

Filed Memo-Endorsement on letter to Judge Stein from Louis Graziano dated 05/28/99, EEOC requests an extension until next week to submit the Proposed Consent Decree and exhibits for the court's review and approval. Time extended until June 8, 1999 (signed by Judge Sidney H. Stein) (djc) Modified on 06/03/1999 (Entered: 06/03/1999)

June 2, 1999

June 2, 1999

12

CONSENT DECREE; that this decree resolves all issues in the charges and the complaint filed in this action and constitutes a complete resolution of all claims that were made as part of the complaint; SFIC will pay the sum of $2,600,000.00 in damages to the claimants, and is to be divided among the eligible claimants as set forth on this consent decree; the parties shall each pay their own costs and atty fees associated with this action ( signed by Judge Sidney H. Stein ); (jp) (Entered: 06/21/1999)

June 15, 1999

June 15, 1999

Case closed (jp) (Entered: 06/21/1999)

June 15, 1999

June 15, 1999

13

Filed Memo-Endorsement on letter addressed to Louis Graziano from Andrea S. Christensen, dated 6/25/99, granting defendants request to revise the Consent Decree entered on 6/21/99 between the EEOC, Sidney Frank Importing Co., Inc. and All State Promotions, Inc. (signed by Judge Sidney H. Stein); Copies mailed. (ri) Modified on 07/09/1999 (Entered: 07/08/1999)

July 7, 1999

July 7, 1999

14

ORDER that pursuant to the "Stipulation and Order as to Notice of Hearing," dated 6/15/99 the Court approves the method of distributing the damages set forth in the "Consent Decree" dated 6/15/99, and the letter from L. Graziano, Senior Trial Attorney, EEOC, dated 10/21/99, with the alterations set forth in this Order . ( signed by Judge Sidney H. Stein ); Copies mailed. (emil) (Entered: 10/29/1999)

Oct. 28, 1999

Oct. 28, 1999

15

Letter filed addressed to Judge Stein from Stacie V. Weil, dated 10/28/99, re: the Sydney Frank sexual harassment case. (djc) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

16

Letter filed to Judge Stein from Louis Graziano for Equal Employment Opp addressed to Judge Stein from Louis Graziano, dated 10/21/99, re: to inform the Court that pltff EEOC has received 3 add'l. claims forms in this case; (docket & file) (ls) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

17

ORDER, that paragraph 1 of the order dated 10/27/99 is amended to read as follows: Sheryl Raffone should receive two-thirds of her Category D allotment, good cause having been shown for the lateness of her response. The Court is prepared to credit her testimony that counsel for the EEOC informed her to take the time she needed to fill out the questionaire . (signed by Judge Sidney H. Stein); Copies mailed. (ri) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

18

Transcript of record of proceedings before Judge Sidney H. Stein for the date(s) of 10/15/99. (mr) (Entered: 12/03/1999)

Dec. 3, 1999

Dec. 3, 1999

19

Letter filed by Equal Employment Opp addressed to Judge Stein from Lou Graziano, dated 6/3/99, re: Proposed Consent Decree. (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

20

Letter filed by Equal Employment Opp addressed to Judge Stein from Lou Graziano, dated 10/13/99, re: information regarding the claims process. (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

21

Letter filed by Equal Employment Opp addressed to Potential Claimant from Lou Graziano, re: Consent Decree. (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

22

Letter filed by Equal Employment Opp addressed to Ms. Christensen from Lou Graziano, dated 9/16/99, re: letters to claimants. (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

23

Letter filed by Equal Employment Opp addressed to Judge Stein from Lou Graziano, dated 9/16/99, . (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

24

Letter filed by Equal Employment Opp addressed to Judge Stein from Lou Graziano, dated 10/7/99, re: EEOC's decisions regarding financial compensation. (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

25

Letter filed addressed to Judge Stein from Gretchen W. Duran, dated 10/7/99, . (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

26

Letter filed addressed to Mr. Graziano from Gretchen W. Duran, dated 9/30/99, . (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

27

Letter filed addressed to Mr. Graziano from Sheryl Raffone, dated 10/9/99, . (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 22, 1997

Closing Date: Nov. 5, 1999

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

All State Promotions Inc., Private Entity/Person

Sidney Frank Importing Co. Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

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: 2600000

Order Duration: 1999 - 2002

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

Discrimination-area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits