Case: EEOC v. American Metal Coatings, Inc. & Dino Land Properties, Inc.

1:01-cv-02235 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 21, 2001

Closed Date: July 8, 2006

Clearinghouse coding complete

Case Summary

In September 2001, the Cleveland and Baltimore offices of the EEOC brought this Title VII suit against American Metal Coatings, Inc. et al in the U.S. District Court for the Northern District of Ohio. The complaint alleged that the defendant discriminated against the claimants because of their race, national origin, and/or color. More specifically, the defendant subjected the claimants to a hostile work environment and discharging or constructively discharging the claimants because of their rac…

In September 2001, the Cleveland and Baltimore offices of the EEOC brought this Title VII suit against American Metal Coatings, Inc. et al in the U.S. District Court for the Northern District of Ohio. The complaint alleged that the defendant discriminated against the claimants because of their race, national origin, and/or color. More specifically, the defendant subjected the claimants to a hostile work environment and discharging or constructively discharging the claimants because of their race (black and Hispanic), national origin (Puerto Rican) or color. The case went to mediation, and the parties settled by entry of a consent decree in July 2003.

The three year consent decree required to pay the claimants a sum of $165,000, refrain from discrimination and retaliation, adopt and adhere to an anti-discrimination and anti-harassment policy, provide training for all employees on the policy and all employees who investigate and handle complaint of discrimination or harassment on the requirements of Title VII, post notice, notify the EEOC if certain employees seek supervisory positions with the defendant again, give the EEOC reports on complaints and acquired knowledge of harassment and or discrimination, and allow the EEOC to inspect their premises to ensure compliance with the decree and Title VII.

Summary Authors

Kevin Wilemon (6/26/2007)

People


Expert/Monitor/Master/Other

Hemann, Patricia A. (Ohio)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:01-cv-02235

Docket

July 8, 2003

July 8, 2003

Docket
1

1:01-cv-02235

Complaint

Sept. 21, 2001

Sept. 21, 2001

Complaint
17

1:01-cv-02235

Amended Complaint

April 9, 2002

April 9, 2002

Complaint
33

1:01-cv-02235

Consent Decree

July 8, 2003

July 8, 2003

Settlement Agreement

Resources

Docket

Last updated Feb. 14, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint with waivers issued against American Metal Coatings, Inc.. Filed by Equal EMployment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(W, Jo) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

Clearinghouse
2

Random Assignment of Magistrate Judge Hemann. (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

3

Case Information Statement (standard track) filed by Equal EMployment Opportunity Commission. (W, Jo) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

4

Notice of Placement of case in the CM/ECF Docketing System (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

5

Attorney Appearance of Mark J. Valponi, Peter M. Poulos and Andrew Agati by Mark J. Valponi filed by on behalf of American Metal Coatings, Inc.. (E, P) (Entered: 10/12/2001)

Oct. 11, 2001

Oct. 11, 2001

6

Waiver of Summons by American Metal Coatings, Inc. returned. Waiver mailed on 9/21/01 filed by Equal EMployment Opportunity Commission. (M, EJ) (Entered: 10/18/2001)

Oct. 17, 2001

Oct. 17, 2001

9

Answer to Complaint ; jury demand (Related Doc # 1) filed by American Metal Coatings, Inc.. (C, K A) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

7

Case Information Statement with Standard track request filed by American Metal Coatings, Inc.. (C, K A) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

8

Corporate Disclosure Statement filed by American Metal Coatings, Inc.. (C, K A) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

10

Case Management Conference Notice & Order. Case management conference to be held on 2/13/2002 at 12:30 PM at Chambers 135. Parties to file position statement prior to conference (Attachments: # 1 Position statement). Kathleen M. O'Malley(H, C) (Entered: 01/04/2002)

Jan. 4, 2002

Jan. 4, 2002

11

Joint Position Statement re: Case Management Conference Agenda filed by Equal EMployment Opportunity Commission. (Phillips, Ronald) (Entered: 02/04/2002)

Feb. 4, 2002

Feb. 4, 2002

12

Case Management Conference Plan/Order; this case is assigned to the standard case management track; non-expert discovery due by 11/22/2002, Parties to be Joined and Pleading Amendments due by 5/13/2002, Dispositive Motions due by 1/24/2003, with status hearing to be held on 10/11/2002 at 12:30 PM in Chambers 135; Judge Kathleen M. O'Malley (R, N) (Entered: 02/15/2002)

Feb. 13, 2002

Feb. 13, 2002

13

Motion to amend complaint filed by Equal EMployment Opportunity Commission. (Attachments: # 1 Brief in Support # 2 unsigned Amended Complaint )(Related document(s)1) (Phillips, Ronald) Modified text of entry on 4/8/2002 (M, EJ). (Entered: 03/01/2002)

March 1, 2002

March 1, 2002

14

Answer To Complaint Of Plaintiff Michael Brock filed by American Metal Coatings, Inc. (Related document(s)1) (Agati, Andrew) Modified on 3/16/2002 (S, R). (Entered: 03/14/2002)

March 14, 2002

March 14, 2002

15

Answer To Amended Complaint Of EEOC filed by American Metal Coatings, Inc.. (Related document(s)13) (Agati, Andrew) Modified on 3/16/2002 (S, R). (Entered: 03/14/2002)

March 14, 2002

March 14, 2002

16

Marginal entry order granting plaintiff leave to file amended complaint(Related Doc # 13). Judge Kathleen M. O'Mally (M, EJ) (Entered: 04/08/2002)

April 5, 2002

April 5, 2002

17

Amended complaint against all defendants. Filed by Equal EMployment Opportunity Commission. (Phillips, Ronald) (Entered: 04/09/2002)

April 9, 2002

April 9, 2002

Clearinghouse
18

Waiver of Summons by Dino Land Properties, Inc. returned. Waiver mailed on 4/9/02 filed by Equal EMployment Opportunity Commission. (Phillips, Ronald) (Entered: 04/18/2002)

April 18, 2002

April 18, 2002

19

Notice to take Deposition of Samuel Rosario on June 27, 2002 filed by American Metal Coatings, Inc., Dino Land Properties, Inc.. (Agati, Andrew) (Entered: 06/05/2002)

June 5, 2002

June 5, 2002

20

Joint Motion for Stipulated Protective Order For Confidential Information filed by all defendants. (Agati, Andrew) Modified on 6/7/2002 (S, R). Modified on 10/10/2002 (H, C). Order granted 6/14/2002. (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

21

Stipulated Protective Order for Confidential Information; this Court, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, hereby orders that this Stipulated Protective Order for Confidential Information shall govern the handling of confidential information produced by any party or non-party to this litigation; the terms and conditions of this Protective Order shall survive and remain in force and fact after the termination of this action; this order may be amended as need may arise by the mutual written consent and agreement of counsel without prior leave of the Court; IT IS SO ORDERED; Kathleen M. O'MalleyOrder (R, N) (Entered: 06/19/2002)

June 14, 2002

June 14, 2002

22

Address Change Notice by Ronald L. Phillips filed by on behalf of Equal EMployment Opportunity Commission. (Phillips, Ronald) (Entered: 08/14/2002)

Aug. 14, 2002

Aug. 14, 2002

23

Notice of Hearing. Status hearing RESET to be held on 10/31/2002 at 12:00 PM at Chambers 16A (H, C) (Entered: 09/25/2002)

Sept. 25, 2002

Sept. 25, 2002

24

Joint Motion for extension of time for discovery filed by Equal Employment Opportunity Commission. (Phillips, Ronald) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

Order (non-document) signed on 10/10/2002 Granting plaintiff's Motion for 60 day extension of non-expert discovery until 1/21/2003 and adjustment of all other dates set forth in Case Management Plan in accordance with new discovery period (Related Doc # 24). Kathleen M. O'Malley (H, C) (Entered: 10/10/2002)

Oct. 10, 2002

Oct. 10, 2002

25

Minutes of proceedings/Order before Judge Kathleen M. O'Malley held on 10/31/02. Mediation shall occur before Magistrate Judge Hemann on 11/21/02 at 9:00 a.m.; non-expert Discovery due by 2/20/2003, Dispositive Motions due by 4/21/2003. Judge Kathleen M. O'Malley. (H, D) (Entered: 11/04/2002)

Oct. 31, 2002

Oct. 31, 2002

26

Trial Order scheduling Jury Trial on 9/8/2003 at 09:15 AM in Courtroom 16A; Final Pre-Trial to be held on 8/28/03 at 12:30 p.m. Judge Kathleen M. O'Malley.(H, D) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

27

Order of Reference that this matter is referred to Magistrate Judge Patricia A. Hemann, pursuant to 28 USC 636 and L.R. 72.1 to conduct Mediation to occur no later than 11/30/02. Judge Kathleen M. O'Malley. (H, D) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

28

Notice of Mediation to be held on 11/21/2002 at 09:30 AM at Chambers 11B before Magistrate Judge Hemann. (W, Gloria) (Entered: 11/05/2002)

Nov. 5, 2002

Nov. 5, 2002

29

Minutes of proceedings before Judge Hemann. Mediation held. Case settled. Referral terminated. Magistrate Judge Hemann (W, Gloria) (Entered: 11/22/2002)

Nov. 22, 2002

Nov. 22, 2002

30

Transcript of proceedings taken on 11/21/02. Court Reporter: Staiduhar. Complete document (7 pages) on file in the Clerk's Office. (C, K A) (Entered: 01/02/2003)

Dec. 30, 2002

Dec. 30, 2002

31

Order closing this action; it shall be marked settled and dismissed, with prejudice, with each party to bear its own cost; the Court retains jurisdiction to vacate this Order and reopen the action upon cause shown that settlement has not been completed and further litigation is necessary or alter the terms of settlement and dismissal upon agreement of the parties. (Judge O'Malley) (M, J A) (Entered: 05/13/2003)

May 13, 2003

May 13, 2003

32

Post Judgment Motion for entry of consent decree filed by all parties. (Attachments: # 1 Proposed Consent Decree# 2 Attachment A to the Consent Decree: American Metal Coatings, Inc. and Dino Land Properties, Inc. Policy Prohibiting Harassment and Discrimination# 3 Attachment B: to the Consent Decree American Metal Coatings and Dino Land Properties, Inc. Policy Prohibiting Harrassment and Discrimination (Spanish Version)# 4 Attachment C to the Consent Decree: Legal Notice# 5 Attachment D to the Consent Decree: Legal Notice (Spanish Version))(B, B) Modified text of docket entry on 6/20/2003 (B, B). (Entered: 06/20/2003)

June 18, 2003

June 18, 2003

33

Consent Decree & Order entered 7/8/2003. Kathleen M. O'Malley (H, C) (Entered: 07/08/2003)

July 8, 2003

July 8, 2003

Clearinghouse

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 21, 2001

Closing Date: July 8, 2006

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

Dino Land Properties, Inc. (Cleveland), Private Entity/Person

American Metal Coatings, Inc. (Cleveland), Private Entity/Person

Case Details

Causes of Action:

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

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: 165000

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian