IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
LG. BURTON OF SEAFORD, LLC, A SUBSIDIARY OF LG. BURTON & COMPANY, INC.,
Defendant.

)

)

)

CNlL ACTION NO.

)

)

)

)

)

)

)

COMPLAINT"

)

)

JURY TRIAL DEMAND

)

)

)

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to Blair McMasters and a class of similarly situated individuals aggrieved by those unlawful practices. As alleged with greater particularity in Paragraphs 7(a) through (c) below, the Commission alleges that Defendant terminated Mr. McMasters, then age 75, and a class ofsimilarly-situated individuals in the protected age group, from their positions as Runners, based on their age(s). As a result of the discriminatory practices, Mr. McMasters and the class members suffered backpay and front pay losses.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invokedpursuantto 28 D.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (the

"FSLA"), as amended, 29US.C. §§ 216(c) and 217. 2. The employment practices alleged to be unlawful were and are now being committed
within the jurisdiction of the District Court for the District of Delaware. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission, (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 ofReorganization Plan No.1 of 1978,92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.
4. At all relevant times, Defendant I.G. Burton of Seaford, LLC, a subsidiary ofI.G. Burton & Company, Inc. (the "Employer"), a Delaware corporation, has continuously been doing business in the State of Delaware and the Cities of Seaford and Milford, and has continuously had at least 20 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11 (b), (g) and (h) ofthe ADEA, 29 US.c. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to the institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 US.C. § 626(b).
2

STATEMENT OF CLAIMS 7. Since at least January I, 2002, the Defendant Employer has engaged in unlawful employment practices at its facilities in Seaford, Delaware and Milford, Delaware, in violation of § 4(a)(l) of the ADEA, 29 U.S.C. § 623(a)(1) as follows: (a) Blair McMasters began working for Defendant Employer as a "Runner", on July 1, 2003. Defendant Employer employed Runners, whose duties included driving its vehicles and delivering them to designated areas, and picking up cars from customers for service or repairs. Mr. McMaster's duties also included driving to department of motor vehicles offices to drop off title applications and return them to the dealership. Mr. McMasters had a good driving record and satisfactorily performed the duties of his position. (b) Defendant Employer has a policy of terminating Runners on or before they turn seventy-five (75) years ofage. On February 24,2005, Defendant Employer's Office Manager, Paula Fisher, asked Mr. McMasters for the date ofhis next birthday. He told her it was on March 3, 2005, and that he would be 75 years old. Defendant Employer terminated Mr. McMasters one week later, on the day before his 75th birthday. (c) Defendant Employer terminated a class of similarly-situated Runners on or shortly before their 75th birthday on the basis ofage. Upon information and belief, these class members were advised by Defendant Employer that they would be terminated from their Runner positions immediately prior to their seventy-fifth (75th) birthday(s) because of their age(s). 8. The effect of the practices complained of in Paragraphs 7(a) through (c) above has been to deprive Blair McMasters and a class of siinilarly-situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of age.
3

9. The unlawful employment practices complained of in Paragraphs 7(a) through (c) above were and are willful within the meaning of Section 7(b) ofthe ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in terminations based on age, and any other employment practice which discriminates against individuals 40 years of age and older. B. Order the Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals age 40 and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, and prejudgment interest to Blair McMasters and a class of similarly situated individuals, whose wages are being unlawfully withheld as a result of the acts complained of above. D. Order Defendant Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to the reinstatement of Blair McMasters and the class members, or frontpay in lieu thereof if reinstatement is not feasible. E. Grant such further relief as the Court deems necessary and proper in the public interest. F. Award the Commission its costs in this action.
4

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington DC 20507
£'VZljq egional Attorney
a· [) ta/1 k
JUDITH A. O'BOYLE Supervisory Trial Attorney
,
TKh1rAMANYN(YhhIE~~ AN
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office The Bourse Building 21 S. 5th Street, Suite 400 Philadelphia PA 19106 Telephone: (215) 440-2828
5

1 c.
Local Counsel:

UNITED STATES ATTORNEY DISTRICT OF DELAWARE
COLM F. CONNELLY U.S. Attorney
Asst. U.S. Attorney, Chief Civil Division Acting Civil Chief, U.S. Attorney The Nemours Building 1007 Orange Street Suite 700 Wihnington, Delaware 19899-2046 (302) 573-6277 DE BARID NO. 2145

6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTUNITY )

COMc\1ISSION,

)

)

Plaintiff,

)

v.

) C.A. No. 06-524-SLR

)

LG. BURTON OF SEAFORD, LLC, A )

SUBSIDIARY OF LG. BURTON &

)

COMPANY, INC.,

)

)

Defendant. )

CONSENT DECREE INTRODUCTION

A. This action was instituted by the United States Equal Employment Opportunity

Commission (the "EEOC" or the "Commission"), on August 2, 2006, against LG. Burton of

Seaford, LLC, a subsidiary of LG. Burton & Company, Inc., ("LG. Burton," or "Defendant"), to

enforce provisions of the Age Discrimination in Employment Act of 1967, as amended, 29

U.S.C. §§ 621-624. ("ADEN), which incorporates by reference section 16(e) of the Fair Labor

Standards Act of 1938 ("FLSA"). The EEOC alleged that LG. Burton subjected certain

individuals to disparate treatment on the basis of their ages, seventy·five (75) and above, by

discharging them from employment.

B. This Consent Decree is entered into by the EEOC and LG. Burton. This Consent

Decree shall be final and binding between the EEOC and LG. Burton, its directors, officers,

agents, employees, successors or assigns (collectively, "I.G. Burton").

C. The EEOC and LG. Burton hereby agree to the entry of this Consent Decree,

which shall flilly and finally resolve all claims which were raised by the EEOC in its Complaint

in Civil Action No. 06-524-SLR, brought in the L"nited States District Court for the District of

DB02:63790r.O.3

064932,1002

Delaware (the "Complaint"). Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED, and DECREED that:
NON·DISCRIMINATION AND NON·RETALIATION 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. I.G. Burton shall comply with the ADEA and shall not engage in any employment practice that constitutes unlawfill discrimination under the ADEA. Specifically, LG. Burton shall not treat auy employee in the protected age category in a disparate manner. 3. LG. BUiton shall not retaliate in any manner against any person because ofthat person's opposition to any practice alleged or believed to be unlawful under the ADEA, or because of the filing of a charge of discrimination, the giving of testimony or assistance, or the participation in any manner in any investigation, hearing or proceeding brought pursuant to the ADEA. 4. l.G. Burton shall comply fuily with all provisions of the ADEA. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit or expand the obligations of l.G. Burton under the ADEA or the EEOC's authority to process or litigate any charge of discrimination which maybe filed against I.G. Burton in the future.
NON·ADMISSION 5. This Decree is being entered with the consent of the Commission and I.G. Burton. It shall not constitute an adjudication or finding on the merits of this action nor shall it be construed as an admission of liability by LG. Burton.
MONETARY RELIEF 6. Defendant LG. Burton agrees to pay monetary relief in the total amount of Seventy Thousand Dollars ($70,000.00), in full settlement of all claims against it that were raised

DI302:G37900C,3

2
064932.1002

in the EEOC's Complaint. Such payment will be made in the fonn of three checks, in amounts
made payable to John Collison, Blair McMasters, and Richard Sachs as set forth below:
(a) Defendant will pay monetary relief in the amount of Twenty-Six Thousand Dollars ($26,000.00), less all lawful deductions to Blair McMasters. Defendant shall not deduct its share of Social Security and Medicare contributions from the payment to Mr. McMasters. Payment will become due after the expiration of the seven (7) day revocation period provided for in the
Release to be signed by Mr. McMasters, attached as Exhibit 1. Within fifteen
(15) business days of expiration of the revocation period, Defendant will mail the payment to Blair McMasters at the address provided by the EEOC. Defendant will mail a photocopy of the check to the EEOC, (0 the attention of Mary Tieman, Esquire, within five days of the date of mailing of the check to
Mr. McMasters.
(b) Defendant will pay monetary relief in the amount of Twenty-Two Thousand Dollars ($22,000.00), less all lawful deductions to John Collison. Defendant shall not deduct its share of Social Security and Medicare contributions from
the payment to Mr. Collison. Payment will become due after expiration ofthe
seven (7) day revocation period, provided for in the Release to be signed by Mr. Collison, attached as Exhibit 2. Within fifteen (\S) business days of
expiration of the evocation period Defendant will mail the payment to John
Collison at the address provided by the EEOC. Defendant will mail a photocopy of each check to the EEOC, to the attention of Mary Tiernan, Esquire, within five days of the date of mailing of the check to Mr. Collison.
(c) Defendant will pay monetary relief in the amount of Twenty-Two Thousand
Dollars (522,000.00), less alllawfhl deductions to Richard Sachs. Defendant shall not deduct its share of Social Seenrity and Medicare contributions from the payment to Mr. Sachs. Payment will become due after the expiration of the
seven (7) day revocation period provided for in the Release to be signed by Mr.
Sachs, attached as Exhibit 3. Within fifteen (15) business days of expiration of the evocation period, Defendant will mail the payment to Richard Sachs at the address provided by the EEOC. Defendant will mail a photocopy of each check to the EEOC, to the attention of Mary Tieman, Esquire, within five days of the date of mailing of the check to Mr. Sachs.
(d) No other payment shall be made to Messrs. Collison, McMasters, Sachs, or any other persons to resolve this matter.
7. In the event that any of the three named claimants should become deceased before
payment is tendered by IG. Burton in accordance with paragraph six, above, his payment shall

D1302;5379000.3

3
064932.1002

transfer to his designated beneficiary or beneficiaries surviving pursuant to the testation and probate laws of the State of Delaware,
POSTING OF NOTICE 8, Within ten (10) business days after entry of this Decree, I.G. Burton shall post sa.me-sized copies of the Notice attached as Exhibit 4 to this Decree on the bulletin board at the
LG, Burton office at 793 Bay Road, Milford, DE 19963, where employees employed as Drivers review notices, bulletins, or announcements, The Notice shall remain posted for two (2) years
from the date of entry of this Decree, Counsel for LG. Burton shall provide a copy ofthe Notice,
and a statement ofthe date and location of ita posting, to the EEOC's Philadelphia District Office, or Mary Tiernan, Esquire, within ten (10) days of the posting, LG. Burton shall permit a
representative of the EEOC to enter LG. Burton's premises for purposes of verifying compliance
with this Paragraph at anytime during normal business hours without prior notice. LG. Burton
shall take all reasonable steps to enSlU'e that the posting is not altered, defaced or covered by any other materiaL Should the posted copies become defaced, removed, marred, or otherwise illegible, LG, Burton agrees to immediately post a readable copy in the same manner as set forth
in this paragraph.
TRAINING 9, LG. Burton shall provide training on the requirements ofthe ADEA on the following ternlS:
(a) I.G. Burton agrees to provide training sessions to its Managers and Supervisory employees who oversee workers employed as Drivers on employee's rights and the employer's obligations under the ADEA This
training will emphasize what constimtes unlawful discrimination, how to keep
the company free of any such form of discrimination, and what constitutes unlawful retaliation. (b) LG, Burtoll shall first provide training in accordance with Paragraph 9(a) by no later than 180 calendar days ofthe entry ofthis Consent Decree. I.G.

DB02:6379000.3

4
064932,1002

Burton shall also provide such training on at least one occasion in calendar years 2008 and 2009.
10. 1.0. Burton shall obtain the EEOC's approval of its proposed trainer prior to the training sessions. 1.0. Burton shall submit the name, address, telephone number and resume of
the proposed trainer, together with the date(s) ofthe proposed training sessions to the EEOC within thirty (30) calendar days prior to the first day of the proposed date of training. The EEOC shall have ten (l0) calendar days from the date ofreeeipt of the information described above to accept or rej eet the proposed trainer(s). Approval of the proposed trainer will not be
unreasonably denied. 111 the event, however, that the EEOC does not approve 1.0. Burton's designated trainer, 1.0. Burton shall have ten (10) calendar days to identify an alternate trainer.
II. 1.0. Burton agrees to provide the EEOC with any and all copies of pamphlets,
brochures, outlines or other M'itlen matClials provided to the participants of the training sessions upon request.
12. 1.0. Burton shall certify to the EEOC in writing within ten (10) business days
after completion of the training sessions required by Paragraphs 9(a & b) above. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy oftha registry of attendance, which shall include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as of the date of the training.
DISPUTE RESOLUTIO)I 13. In the event that either party to this Decree believes that the other party has failed to comply with any provision of the Decree, the complaining party shall notify the other party of the alleged non-compliance within ten (10) days oftha alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to

D1302:637900G3

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064932,1002

satisfy the complaining pany that the alleged non-complying party has complied. lfthe alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 14. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 15. The terms of this Decree are and shall be binding upon the EEOC and representatives, agents, directors, officers, assigns, and successors ofI.G. Burton in their capacities as representatives, agents, directors and officers ofI.G. Burton, and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any individual is fouud to be in contempt for a violation ofthis Decree. 16. This Consent Decree shall fully and finally resolve all claims that were raised by the EEOC in the Complaint. 17. This Consent Decree shall be filed in the United States District Court for the District of Delaware (the "Court"), and shall continue to be in effect for a period of three (3) years from the date of filing. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than thirty (30) days notice to the other party. 18. The Court retains jurisdiction over this case in order to enforce the terms of the Consent Decree.
[Signatures follow on next page]

OR02:(i3791X)03

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064932.1002

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Equal Employment Opportunity Commission 1801 L Street, NW Washington DC 20507
lsi JACQUELINE MCNAIR Regional Attorney
TERRANCE R. COOK Supervisory Trial Attorney
MARY M. TIERNAN Senior Trial Attorney Equal Employment Opportunity Commission Philadelphia Distlict Office 801 Market Street, Suite 1300 Philadelphia, PA 19107-3127 Telephone: (215) 440-2828
and
{signature continued on following page}

lsi Barry M. Willoughby
Barry M. Willoughby (ID. No. 1016) Margaret M. DiBianca (1.D. No. 4539) YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building, 17th Floor 1000 West Street, P.O. Box 391 Wilmington, DE 19899 Telephone: (302) 571-6666;-5008 Facsimile: (302) 576-3345;-3476 E-mail: bwilloughby@ycst.com; mdibianca@yest.com Attorneys for Defendant

7
064932.1002

COLM F. CONNOLLY United States Attorney
lsi Douglas McCann DOUGLAS MCCANN (I.D. No. 3852) Assistant United States Attorney U.S. Attorney's Office 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 Telephone: (302) 573-6277 Facsimile: (302) 573-6220 E-mail: douglas.mccann@usdoj.gov

N~ ~ So Ordered this

day of

2007.

United States District Court Judge

DB02:6379(l(lO.3

8
0649J2.\ 002

EXHIBIT 1
IN THE UNITED STATES DlSTRICT COURT FOR THE DlSTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTlThlTY )

COMMISSION,

)

)

Plaintiff,

)

v.

) CA No. 06-524-SLR

)

I.G. BURTON OF SEAFORD, LLC, A

)

SUBSIDIARY OF LG. BURTON &

)

COMPANY, INC.,

)

)

Defendant. )

RELEASE

In consideration for Twenty-Six Thousand Dollars and No Cents ($26,000.00), less

applicable deductions, to be paid to me by LG. Burton, in connection with the resolution of

EEOC v. LG. Burton, C.A. No. 06-524-SLR (D. Del.) (the "Complaint"), I waive my right to

recover for any claims of termination based on age arising under the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.c. §§ 621-24 (the "ADEA''), that I had against

LG, Burton prior to the date of this release and that were included in the claims alleged in the

Complaint.

I. I acknowledge that I have been advised to consult with an attorney prior to executing this Agreement and have either done so or have freely chosen not to do so.
2, Age Claim. I have been informed and understand that I am releasing any rights or claims I may have under the ADEA and that were included in the Complaint.
3. Rigbt to Revoke. I have been informed of my right to revoke this Agreement and Release as far as it extends to potential claims under the ADEA, by informing I.G. Burton and the EEOC of my intent to revoke this Release within seven (7) calendar days following execution of the Release. To be effective, written notice ofrevocation must be delivered by hand or mail to IG. Burton at the address oftheir attorney and to the EEOC at 801 Market Street, Philadelphia, PA 19107.

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064932,1002

4, Consideration Period, I have been infonned that the tenns of this Release shall be open for acceptance and execution byrne for a period of twenty-one (21) days during which time I may consider whether to accept it. No payments or benefits shall be provided pursuant to this Release until I execute this Release and the revocation period described in Paragraph 3. has expired,
Signature:
Blair M, McMasters
Date

I)B()2:G3790I)O.)

064932.1002

EXHIBIT 2
IN TIlE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

) C.A. No. 06-524-SLR

)

LG. Bl:JRTON OF SEAFORD, LLC, A

)

SUBSIDIARY OF LG. Bl:JRTON &

)

COMPANY, INC.,

)

)

Defendant. )

RELEASE In consideration for Twenty-Two Thousand Dollars and No Cents ($22,000.00), less

applicable deductions, to be paid to me by 1.G. Burton, in connection with the resolution of

EEOC v. I.G. Burton, C.A. No. 06-524-SLR (D. Del.) (the "Complaint"), I waive my right to

recover for any claims of termination based on age arising under the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. §§ 621-24 (the "ADEA"), that I had against

1.G. Burton prior to the date of this release and that were included in the claims alleged in the

Complaint.

I. I acknowledge that I have been advised to consult with an attorney prior to executing this Agreement and have either done so or have freely chosen not to do so.
2. Age Claim. I have been informed and understand that I am releasing any rights or claims I may have under the ADEA and that were included in the Complaint.
3. Right to Revoke. I have been informed of my right to revoke this Agreement and Release as far as it extends to potential claims under the ADEA, by informing LG. Burton and the EEOC of my intent to revoke this Release within seven (7) calendar days following execution of Release. To be effective, written notice ofrevocation must be delivered by hand or mail to 1.0. Burton at the address of their attorney and to the EEOC at 801 Market, Suite 1300, Philadelphia, PA 19107.

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4. Consideration Period. I have been infonned that the tenns of this Release shall be open for acceptance and execution by me for a period of twenty-one (21) days during which time I may consider whether to accept it. No payments or benefits shall be provided pursuant 10 this Release until I execute this Release and the revocation period described in Paragraph 3 has expired.
Sigmture:
John Collison
Date

DB02:6379000.3

064932.1002

EXHIBIT 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTIJNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

) c.A. No. 06-524-SLR

)

I.G. BURTON OF SEAFORD, LLC, A

)

SUBSIDIARY OF I.G. BURTON &

)

COMPANY, INC.,

)

)

Defendant. )

Release In consideration for Twenty-Two Thousand Dollars and No Cents ($22,000.00), less

applicable deductions, to be paid to me by LG. Burton, in connection with the resolution of

EEOC v. I. G. Burton, C.A. No. 06-524-SLR (D. Del.) (the "Complaint"), I waive my right to

recover for any claims of tennination based on age arising under the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. §§ 621·24 (the "ADEN'), that I had against

LG. Burton prior to the date of this release and that were included in the claims alleged in the

Complaint.

1. I acknowledge that I have been advised to consult with an attorney prior to executing this Agreement and have either done so or have treely chosen not to do so.
2. Age Claim. I have been infonned and understand that I am releasing any rights or claims I may have under the ADEA and that were included in the Complaint.
3. Rigbt to Revoke. I have been informed ofmy right to revoke this Agreement and Release as far as it extends to potential claims under the ADEA, by informing I.G. Burton and the EEOC of my intent to revoke this Release within seven (7) calendar days following execution of Release. To be effective, written notice of revocation must be delivered by hand or mail to LO. Burton at the address of their attorney and to the EEOC at 801 Market Street, Philadelphia, PA 19107.

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064932.loo2

4. Consideration Period. I have been infonned that the tenns of this Release shall be open for acceptance and execution by me for a period of twenty-one (21) days during which time I may consider whether to accept it. No payments or benefits shall be provided pursuant to this Release until I execute this Release and the revocation period described in Paragraph 3 has expired.
Signature:
Richard Sachs
Date

[)[W2;637lJOOO.J.

064932.1002

EXlllBTT4
NOTICE TO ALL I.G. BURTON EMPLOYEES
This Notice is being posted pursuant to a Consent Deeree entered by the United States
District Court in and for the District of Delaware in the matter captioned as in EEOC v.
L G. Burton, a subsidiary ofL G. Burton & Company, Inc., Civil Action Number 06-524SLR, resolving a lawsuit filed by the Equal Employment Opportnnity Commission ("EEOC"), against LG. Burton of Seaford, LLC, a subsidiary onG. Burton & Company, Inc. ("J.G. Burton").
The Age Discrimination in Employment Act, 29 U.8.c. §§ 621-624, as amended, ("ADEA"), prohibits discrimination against employees and applicants for employment based upon their age. The ADEA further prohibits retaliation against employees or applicants who avail themselves of the rights under the ADEA by engaging in protected activities, such as complaining internally of age discrimination, filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency that investigates charges of unlawful employment discrimination. The EEOC has the anthority to bring lawsuits in federal court to enforce theADEA.
In its lawsuit, the EEOC alleged thai LG. Burton subjeeted certain employees employed as drivers to disparate treatment based on their age, in violation of the ADRA. I.G. Burton denies these allegations.
To resolve the case, LG. Burton and the EEOC entered into a Consent Decree which provided, among other things, that: (1) LG. Burton will not discriminate on the basis of age; (2) LG. Burton, Inc, will not retaliate against any person beeause he or she opposed any practice made lmlawful by the ADEA, filed a charge of discrimination, participated in any ADEA proceeding, or asserted any rights llDder the Consent Decree; and (3) LG. Burton will train designated employees regarding age discrimination and the antiretaliation provisions of the ADEA.
Tfyou believe you have been discriminated against, you may contact the EEOC at (800) 669-4000. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OI?FlCIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two (2) years from the date below and must not be altered, defaced or covered by any other material. J\ny questions about this Notice or compliance with its terms may be directed to the: Regional Attorney, EEOC Philadelphia District Office, 801 Market, Suite 1300, Philadelphia, PA 19107.

US. Equal Employee Opportunity Commission

LeT. Burton

Dated: _ _ _ _ _ _ _ _ _ __

Dated:

0:302:6379;]00.3

064932.1002

 
 CM/ECF LIVE - U.S. District Court:ded

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?117764856845198-L_19...

U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:06-cv-00524-SLR

CLOSED

Equal Employment Opportunity Commission v. I.G. Burton of Seaford LLC Assigned to: Judge Sue L. Robinson Cause: 29:626 Job Discrimination (Age)

Date Filed: 08/24/2006 Date Terminated: 12/19/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Douglas Edward McCann U.S. Attorney's Office The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 Fax: (302) 573-6220 Email: douglas.mccann@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
I.G. Burton of Seaford LLC a subsidiary of I.G. Burton & Company Inc.

represented by Barry M. Willoughby Young, Conaway, Stargatt & Taylor The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 (302) 571-6666 Fax: (302) 576-3345 Email: bwilloughby@ycst.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret M. DiBianca Young, Conaway, Stargatt & Taylor The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391

1 of 4

3/18/2008 3:52 PM

CM/ECF LIVE - U.S. District Court:ded

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?117764856845198-L_19...

Wilmington, DE 19899-0391 (302) 571-5008 Fax: (302) 576-3476 Email: mdibianca@ycst.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/24/2006
08/24/2006 08/24/2006 09/06/2006 10/27/2006 11/09/2006 01/05/2007 01/29/2007 01/29/2007
01/29/2007 01/30/2007 01/30/2007

# Docket Text
1 COMPLAINT filed with Jury Demand against I.G. Burton of Seaford LLC Magistrate Consent Notice to Pltf. - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(ead, ) (Entered: 08/28/2006)
Summons Issued as to I.G. Burton of Seaford LLC on 8/24/2006. (ead, ) (Entered: 08/28/2006)
2 Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (ead, ) (Entered: 08/28/2006)
Case assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (bkb, ) (Entered: 09/06/2006)
3 NOTICE of Appearance by Barry M. Willoughby on behalf of I.G. Burton of Seaford LLC (Willoughby, Barry) (Entered: 10/27/2006)
4 ANSWER to Complaint with Jury Demand by I.G. Burton of Seaford LLC.(Willoughby, Barry) (Entered: 11/09/2006)
5 ORDER, Setting Deadlines/Hearings Scheduling TeleConference set for 1/31/2007 08:15 AM before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 1/4/07. (rld) (Entered: 01/05/2007)
6 NOTICE OF SERVICE of Defendant's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a) by I.G. Burton of Seaford LLC.(Willoughby, Barry) (Entered: 01/29/2007)
7 MOTION for Pro Hac Vice Appearance of Attorney Terrence R. Cook and Mary M. Tiernan - filed by Equal Employment Opportunity Commission. (McCann, Douglas) Additional attachment(s) added on 1/29/2007 (fmt, ). (Entered: 01/29/2007)
CORRECTING ENTRY: The initial attachment to D.I. 7 did not have counsel's signature on the certificate of service. The initial attachment has been deleted and the proper one is now attached. (fmt) (Entered: 01/29/2007)
8 Joint PROPOSED ORDER for Scheduling Order by Equal Employment Opportunity Commission, I.G. Burton of Seaford LLC. (Stafford, Michael) (Entered: 01/30/2007)
SO ORDERED, re 7 MOTION for Pro Hac Vice Appearance of Attorney Terrence R. Cook and Mary M. Tiernan filed by Equal Employment Opportunity Commission. Signed by Judge Sue L. Robinson on 1/30/07. (rld) (Entered:

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01/31/2007
01/31/2007 05/10/2007 05/15/2007
05/31/2007 06/22/2007 06/22/2007 06/22/2007 06/22/2007 07/06/2007 07/17/2007 07/20/2007

01/30/2007)
9 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/16/2007.,Amended Pleadings due by 3/16/2007.,Discovery due by 8/28/2007.,Dispositive Motions due by 9/28/2007.,Motions in Limine due by 2/19/2008.,Responses to Motions in Limine due by 2/26/2008.,Answering Brief due 10/29/2007.,Reply Brief due 11/12/2007.,Pretrial Conference set for 3/4/2008 04:30 PM in Courtroom 6B before Honorable Sue L. Robinson.,Jury Trial set for 3/24/2008 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 1/31/07. (rld) (Entered: 01/31/2007)
Minute Entry for proceedings held before Judge Sue L. Robinson : Scheduling TeleConference held on 1/31/2007. (Court Reporter n/a.) (rld) (Entered: 02/02/2007)
10 Joint STIPULATION TO EXTEND TIME Submission of Expert Witness Reports to June 18, 2007 - filed by I.G. Burton of Seaford LLC. (DiBianca, Margaret) (Entered: 05/10/2007)
SO ORDERED, re 10 Joint STIPULATION TO EXTEND TIME Submission of Expert Witness Reports due June 18, 2007, any rebuttal report(s) due 7/18/07, filed by I.G. Burton of Seaford LLC. Signed by Judge Sue L. Robinson on 5/14/07. (rld) (Entered: 05/15/2007)
11 NOTICE OF SERVICE of Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 05/31/2007)
12 NOTICE to Take Deposition of John Collison on July 17, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)
13 NOTICE to Take Deposition of Blair McMasters on July 17, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)
14 NOTICE to Take Deposition of Richard Sachs on July 18, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)
15 NOTICE to Take Deposition of Jennings Wooters on July 18, 2007 by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 06/22/2007)
16 NOTICE OF SERVICE of Expert Disclosure by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 07/06/2007)
17 Joint STIPULATION TO EXTEND TIME to Complete Fact Discovery to November 27, 2007 - filed by I.G. Burton of Seaford LLC. (DiBianca, Margaret) (Entered: 07/17/2007)
SO ORDERED, re 17 Joint STIPULATION TO EXTEND TIME to Complete Fact Discovery to November 27, 2007 filed by I.G. Burton of Seaford LLC; ReSetting Scheduling Order Deadlines: Discovery due by 11/27/2007.Dispositive Motions due by 1/7/2008.Answering Brief due 2/7/2008.Reply Brief due 2/21/2008. Reports from retained experts due 8/30/07; rebuttal expert reports due 9/30/07. The pretrial and trial previously scheduled are removed from the court's calendar at this time, to be rescheduled, if need be, upon resolution of the

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07/26/2007 12/17/2007 12/19/2007

dispostive motion(s). Signed by Judge Sue L. Robinson on 7/18/07. (rld) (Entered: 07/20/2007)
18 NOTICE OF SERVICE of Defendant's Second Set of Interrogatories Directed to Plaintiff by I.G. Burton of Seaford LLC.(DiBianca, Margaret) (Entered: 07/26/2007)
19 PROPOSED CONSENT JUDGMENT by Equal Employment Opportunity Commission. (McCann, Douglas) (Entered: 12/17/2007)
20 CONSENT DECREE - (SEE ORDER FOR DETAILS) - Signed by Judge Sue L. Robinson on 12/19/07. ***Civil Case Terminated. (rwc) (Entered: 12/19/2007)

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Docket Report

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1:06-cv-00524-SLR Start date: 1/1/1970 End date: 3/18/2008

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