University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Eureka Marine Products, Inc. EE-PR-0003
Docket / Court 3:06-cv-01344-FAB ( D.P.R. )
State/Territory Puerto Rico
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
On March 31, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Eureka Marine Products Co. of Puerto Rico, Inc. in the U.S. District Court for the District of Puerto Rico. The complaint alleged the the defendant had terminated all employees over the age of 40, in ... read more >
On March 31, 2006, the Equal Employment Opportunity Commission (EEOC) brought this suit against Eureka Marine Products Co. of Puerto Rico, Inc. in the U.S. District Court for the District of Puerto Rico. The complaint alleged the the defendant had terminated all employees over the age of 40, in violation of the Age Discrimination of Employment Act (ADEA). The EEOC sought injunctive and monetary relief. Judge Francisco Besosa was assigned to this case.

Over the next several months, the EEOC attempted to engage in discovery, but the defendant failed to respond to several discovery requests, even after the court ordered the defendant to comply. Therefore, on August 30, 2007, the EEOC moved for the defendant's pleadings to be stricken from the record and for a default judgment to be entered in favor of the plaintiff. On October 2, Judge Besosa granted the motion to strike pleadings. He gave the plaintiffs until October 16 to move for default judgment.

On April 30, 2008, the court ordered the default judgment against the defendant, granting the plaintiffs monetary and injunctive relief. The defendant was to pay $398,330.19 in back pay to the four terminated employees. The injunctive relief ordered the defendant to refrain from age discrimination and retaliation at the workplace. The court concluded that the defendant violated the ADEA and that the claimants, identified by the EEOC, were entitled to monetary and injunctive relief.

This case is closed.

Kevin Wilemon - 05/29/2008
Sean Whetstone - 06/19/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
No EEOC Final Resolution Type
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Eureka Marine Products Co. of Puerto Rico, Inc.
Plaintiff Description Equal Employment Opportunity Commission, on behalf of four employees who were terminated because of their age.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2008 - n/a
Filing Year 2006
Case Closing Year 2008
Case Ongoing No
Docket(s)
3:06-cv-01344-FAB (D.P.R.)
EE-PR-0003-9000.pdf | Detail
Date: 04/30/2008
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1-1]
EE-PR-0003-0001.pdf | Detail
Date: 03/31/2006
Final Judgment [ECF# 35] (D.P.R.)
EE-PR-0003-0002.pdf | Detail
Date: 04/30/2008
Source: PACER [Public Access to Court Electronic Records]
Judges Besosa, Francisco Augusto (D.P.R.)
EE-PR-0003-9000
Plaintiff's Lawyers Curtin, Nora E. (Florida)
EE-PR-0003-9000
Gomez-Fernandez, Maritza I. (Puerto Rico)
EE-PR-0003-9000
Jimenez, Jessica Liliana (Florida)
EE-PR-0003-9000
Defendant's Lawyers Casellas-Rodriguez, Juan M. (Puerto Rico)
EE-PR-0003-9000

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