Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 1 of 9

ZAZZAU, FAGEUA, NOWAK, KLEINBAUM & FRIEDMAN One Riverfront Plaza ... 3'd Floor
Newark, New Jersey 07102 (972) 623-1822 Attorneys for Intervening Plaintiff, Rosemarie Skiff Kenneth L Nowak, Esq.
KN7261

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1004 MAY lOP ]: 40

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW .JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff. and

Civil Action No. 03-cv-4404(FSH)

ROSEMARIE SKIFF,

Intervening Plainti fr,
v.

COMPLAINT IN INTERVENTION

CLIFFORD B. FINKLE, JR., INC. and DOUGLAS DOWLING,

JURY TRIAL DEMANDED

Defendants.

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NATURE OF ACTION This is a Complaint in Intervention on behalf of the Intervening Plaintiff, Rosemarie Skiff (hereinafter, "Intervening Plaintiff'), the aggrieved party in the case of EEOC v. Clifford B. Finkle, Jr., Inc., Civil Action No. 2:03 - CV - 04404(FSH). That case alleges that the Intervening Plaintiff suffered sex harassment and a sexually hostile w(lrk environment in violation ofTitle Vll of the Civil Rights Act of 1964, Title I of the Civil Rights Aet of 1991, by defendant Clifford B. Finkle, Jr., h1C. This Complaint in Intervention joins in those claims, and adds both additional causes of action and defendants. Specifically, this Complaint in Intervention sets forth additional claims for violation of the New Jersey Law Against

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Discrimination; New Jersey and Indiana tort claims, including intentional infliction of emotional distrcss, negligent infliction of emotional distress, and assault and battery; and elaims under arising under 42 U.S.C. § 1983, Bivens, and the Fifth Amendment to the Unitcd States Constitution. The Complaint in Intervention also adds as a defendant Douglas Dowling, defendant's director of operations. This action seeks compensatory damages, punitive damages, exemplary damages, emotional distress and mental anguish and humiliation damages. property damages, as well as costs of suit and attorneys' fees .
.JURISDICITON AND VENUE 1. Jurisdiction in this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This Court has supplemental jurisdiction over Tntervening Plaintiffs state law claims pursuant to 28 U.s.C. § 1367. Vcnuc lics in this court pursuant to 28 U.S.C. § 1132 and 1391 (b). This is a Complaint in diversity and the amount in dispute exceeds $75,000.
PARTIES 2. Intervening Plaintiff, Rosemarie Skiff, residcs at 1246 East Thompson Road, Indianapolis, Indiana 46227. Intervening Plaintiff has been, and remains, an employee of Clifford B. Finkle, Jr., Tnc. (hereinafter, "Finkle") for several years. 3. At all relevant times hereto, Finkle has had its principal place of business, and headquarters, at 435 Allwood Road, Clifton, Passaic County, New Jersey and has employed more than J5 employees. 4. At al\ relevant times, Finkle has been au employer engaged in an industry affecting commerce within thc mcaning of 42 U.s.C. § 2000e (b) (g) and (h). Finkle is also a contractor with a federal entity, the United States Postal Service ("USPS"), and provides and

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Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 3 of 9

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performs functions and duties for the USPS that would otherwise be performed exclusivcly by the USPS. The USPS exerciscs substantial control over the employees of Finkle, including the Intervening Plaintiff, such as discipline and lincs issued on government fonns,
5. Defendant Douglas Dowling has been, at all relevant times, the Director of
Operations of Finkle and has ultimatc supervisory duty and responsibility for the Intervening Plaintiffs working conditions, and he is located at 435 AlIwood Road, Clifton, New Jcrsey, and at the Finkle facility at 1001 Hopewell Avenue, Ocean Tp" New Jersey, 07712.
ADMINISTRATIVE EXHAUSTION 6. More than 30 days prior to the institution of this Complaint in lntervention, the Intervening Plaintiff filed a charge of discrimination with the EEOC alleging violations of Title VII by Detbndants, All requisite conditions precedent to the institution of the suit have been met. There are no exhaustion requirements applicable to the any of the other federal and state law claims.
FACTUAL ALLEGATIONS 7. Defcndant Finkle is an over the road trucking business which is under contract with the USPS to truck and transport U,S, mail. 8, The Intervening Plaintiff has been employed as a truck driver for Finkle, and she transports the US mail. She is primarily employed in Indiana, and works with several male co-workers and a male supervisor, who is, in tum, supervised by defendant Dowling. 9. Beginning in about 2000, and continuing to date, Intervening Plaintiff was and is subjected to extreme, persistent, and pervasive, sex harassment and a sexually hostile work en.vironment, This conduct consists of actions and conduct including, but not limited to: a) continual verbal abuse based upon her sex, such as repeatedly being called "bitch,"
"cunl," and other similar sexually derogatory phrases and insults;

O:\K IN\Skitf~v~CIit't'ord 5, Finkle Jr Inc\skiff CumplainLu()c

Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 4 of 9

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b) removing the air hose from her truck; c) lowering the trailer of her truck cabin, thereby requiring Intervening Plainliffto
repeatedly manually raise the cabin; d) repeatedly placing fO\L1 and offensive odors, and dangerous chemicals, in the vent
of the cab ofher truck, making the cab unsafe, unbearable and intolerable, causing physical harm to Intervening Plaintiff and damage to her truck; e) draining antifreeze and olher fluids from her truck; f) removing the seal on the brakes of her truck; g) commenting that they hoped that she died, or was unable to return to work, as a result of an operation unique to females, and that if she would return to work, they wOl~ld have to take additional measures to insure that she did not work; h) commenting that they hoped thaI by forcing her to manually raise her cabin, they had caused the physical hann for which she needed surgery; i) vandalizing, sabotaging and tampering with her brake lin.e; j) making repeated and continual derogatory comments about her sex; k) causing bodily hal1n, or attempting bodily harm, to Intervening Plaintiff; I) causing hann to Intervening Plaintiffs property; m) assigning Intervening PlaintilTto less favorable truck runs in violation of her seniority, thereby ignoring rules that it had traditionally followed; n) providing inferior equipment upgrades to Intervening Plaintiff as compared (0 those provided to the male drivers; 0) directing Intervening Plaintiffto take a drug test when no male driver was directed to take such a test; p) failing to respond to, comply with, and provide FMLA leave as required by law.
10. All of the foregoing conduct was intentional, deliberate, malicious, based upon
her sex, andior in retaliation for filing a discrimination charge.
11. All of the foregoing conduct was encouraged by, and directly and actively
participated in, by her supervisor, who had authority over her employment.
12. All of the foregoing acts, and others, were persistent, severe and pervasive, and
were tor the purpose of, and had the effect of, harassing the Intervening Plaintiff and causing
a hostile work environment based upon gender.
13. As a result of these actions, and others, the Intervening Plaintiff was in fear for
her safety, life, and in fear of bodily hmn, and in fact she suffered hann to herself and her
~. property.

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Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 5 of 9

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14, As a result of the foregoing actions, and others, the Intervening Plaintiffs work environment was rendered unbearably hostile based upon her sex, and she suffered sex harassment,
15, The Intervening Plaintiff was unable to complain to her superior as he was an active participant in the harassment. Intervening Plaintiff complained to defendant Dowling about the conduct, but he took no remedial action, Plaintiff again complained to Dowling, and he again took no remedial action,
16, In addition, a co-worker of Intervening Plaintiff, who was witness to many of the incidents and comments, complained to Dowling about the conduct, but no remedial action was taken.
17. Finally, Intervening Plaintiff filed a charge with the EEOC, and it was only when that charge was scrvcd on the defendant Finkle that Dowling investigated the charges and took some remedial steps. However, Dowling and Finkle have continued to harass and discriminate against Intervening Plaintiff, and/or have allowed others to do so, since that time.
18. After the Intervening Plaintiff filed a charge with the EEOC, retaliatory actions were taken against her that advcrsely affected her work environment and duties.
19. The defendants did not have appropriate sex harassment and hostile work " environment policies in existence, or available to the employees and supervisors, and did not
conduct training of employees or managers, COUNT ONE Title VII
20. Intervening Plaintiffrealleges and incorporates herein paragraphs I through 19 as if fully set forth at length herein.

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Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 6 of 9

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21. Defendant Finkle engaged in unlawful cmp10yment practices in violation ofTitlc Vll of the Civil Rights Act of 1964 and 1991 by subjecting Intervening Plaintiff to a sexually hostile work environment, subjecting her to sex harassment, without taking remedial action, despite having actual and/or constructive knowledge of the conduct that was actively participated in by a superior deemed to be upper management, and dcspite repeated complaints by Intervening Plaintiff and a co~worker to other upper managemcnt officers.
22. Defendants failed to comply with the legal requirements to adopt and publicize a poliey prohibiting sex harassment and a sexually hostile work environment.
23. DefelldlUlts further violated Title VIT by retaliating against the Intervening Plaintiff for filing a Title ViI charge.
24. Defendants' conduct was based upon gender, and the failure to remediate patently illegal conduct was based upon gender.
COUNT TWO New Jersey Law Against Discrimination 25. Intervening Plaintiffrealleges lUld incorporates herein paragraphs 1 through 24 as iffuUy set forth at length herein. 26. Defendants Finkle and Dowling engaged in conduct violative ofthe New Jersey Law Against Discrimination, N.J.S.A.IO:5-1 et seq., by subjecting Intervening Plaintiff to a sexually hostile work environment and to sex harassment. 27. Defendant Dowling further violated the Law Against Discrimination by unlawfully engaging in, and aiding and abetting in, the sex harassment and creation of a sexually hostile work environment (0 which the Intervening Plaintiff was subjected.

n:\KIN\.Sklff~v~Clifford B. Finkle Jr Inc\skiITComplainl.duc

Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 7 of 9
28. Defendants further violated the New Jersey Law Against Discrimination by retaliating against the Intervening Plaintit! for having filed a charge alleging violation of her civil rights.
29. Defendants' actions were deliberate, intentional, malicious, or were recklessly
indi fferen!. COUNT THREE
Intentional Infliction of Emotional Distress (Indiana and New Jersey Tort Law)
30. hltervening Plaintiff realleges and incorporates herein paragraphs I through 29 as
if fully set Corth at length herein. 31. Defendants Finkle and Dowling, themselves and through their agents and
supervisors, intended to and did inflict severe emotional distress upon Intervening Plaintiff through the pattern of sexually hostile and harassing conduct set forth above, and through direct physical impact, placing Intervening Plaintiffin fear for her life, causing severe emotional distress and angnish, and damaging and harming her property.
32. Defendants knew, or shonld have known, that their illegal, outrageous and extreme conduct, and that of their agents, involving and including direct physical impact to her, and danlage to her propcrty, would result in emotional distress and mental anguish.
NEGLIGENT INFLICTION OF "MOTINAL DISTRESS (Indiana and New Jersey)
33. Intervening Plaintiffrealleges and incorporates herein paragraphs I through 32 as if fully set forth at length herein.
34. The defendants negligently inflicted severe emotional distress and harm on the Intervening Plaintifl' and danlage to her property.
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Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 8 of 9

ASSAULT AND BATERY

(Indiana and New Jersey Law)

35. Intervening Plaintiffreallegcs and incorporates herein paragraphs 1 through 34 as

if fully set forth at length herein.

36. The defendants' conduct in. sabotaging the Intervening Plaintiff's brake lines and

seals, and contamination of her truck cabin, constituted an assault and battery of the

Intervening Plaintiff, causing her to be in fear for her Ii fe and safety.

37. The dcfcndants' other tampering with Intervening Plaintiffs' truck constituted an

assault and battery, rendering her afraid for her life and safety, and causing direct physical

harm to hcr and her property.

38. A c()-worker cautioned Intervening Plainti ff that her co-workers were putting her

life and safety in jeopardy, eonfimling the fear that Intervening Plaintiff was experiencing as a

result of the physical acts taken by the defendants and their agents.

VIOLATION OF 42 U.S.c. § 1983, BIVENS, AND FIFTH AMENDMENT

39. Intervening Plaintiffrealleges and incorporates herein paragraphs I through 38 as

iffully set forth at length herein.

40. The defendant Finkle is under contract with the USPS to provide transport of the

US mail, thereby performing an otherwise exclusively governmental activity. On information

and bcliel; the contract provides that the USPS controls the operation ofthe services

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i, pcrfomled by Finkle and its employees, thereby creating a nexus and interdependence between the defendants and the goverrmlental entity.

41. By way of example only, the Finkle employees, including Intervening Plaintiff,

are provided with, and mllst comply with, a list of work rules to be followed not only when

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Case 2:03-cv-04404-FSH-PS Document 10 Filed 05/10/2004 Page 9 of 9

perfonning work in the USPS facilities, but also while on the road transporting the mail for

and on behalf of the USPS. Violation of any of these mles and procedures shall, and does,

result in the direct discipline and plmishment of the employees by the USPS, including but

limited to lines and discipline, on USPS governmental fonns.

42. Based upon the foregoing, and additional factors, defendants, eorporate and

individual, were and are acting under color of federal law and are governmental actors.

43. The defendants' conduct violates the Intervening Plaintiffs rights under Section

1983, Bivens, and the Fifth Amendment to the United States Constitution.

WHEREFORE, the Intervening Plaintiffrespectfully prays for an Order and

Judgment detennining and finding the defendants to be guilty of all of the Counts set forth

above, and seeks tbe following relief against them, separately and/or jointly:

a) punitive and exemplary damages b) compensatory damages c) pain and humiliation damages d) costs of suit and attorneys' fees e) such other relief that the Court and Jury may deem fair and equitable.

JURY TRIAL DEMAND

Intervening PlaintitI requests a jury trial on all questions of fact raised by this

complaint.

ZAZZALI, FAGELLA, NOWAK,

KLElNBAUM & F

AN

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DATED: April 21, 2004

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 Case 2:03-cv-04404-FSH-PS Document 36 Filed 04/27/2005 Page 1 of 1

CLOSED

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY : COMMISSION, et al.,
: Plaintiffs,
: v.
: CLIFFORD B. FINKLE, JR., INC., et al.,
:

Defendants.

:

Civil Action No. 03-4404 (FSH) O R D E R

It having been reported to the Court that the above-entitled action has been settled, IT IS on this the 27th day of April, 2005, ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 60 days, to reopen the action if the settlement is not consummated. The terms of the settlement agreement are incorporated herein by reference and the Court shall retain jurisdiction over the settlement agreement to enforce its terms.

/s/ Faith S. Hochberg FAITH S. HOCHBERG, U.S.D.J.

 
 Case 2:03-cv-04404-FSH-PS Document 39 Filed 04/28/2005 Page 1 of 5
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNiTY COMMISSION,
PlaintitT, and ROSEMARIE SKIFF,
Intervtlning Plaintitl; v. CLlFFORD B. FINKLE, JR., INC., and DOUGLAS DOWLING,
Defendants.

Honorable Faith S. Hochberg Civil Action No. 03 cv 4404 (FSH)
CONSENT ORDER
RECE'''-O
APR 26t~005
WILLIAM T. WAL6H, CLERK

Thi~ matter having come before the Court t~lf at the Pretrial Confcrence pursuant to
Fed. R. eiv. p, 16; Judith A. O'Boyle and Jacqueline H. McNair appeared fix Plaintiff EEOC;
Kenneth I. Nowak appeared for PlaintiffIntcrvenor Rosemarie Skiff, and Ronald Tobia having appeartld fi)r Defendants, and pursuant to the Order of the Honorable Patty Shwartz dated April 22, 2005; the following amendments to the Final Pretrial Order are hereby entertld:
IT IS ON THIS ;:;roAY OF April, 2005, ORDERED that the first sentence of the fourth parab'Taph of Section 3, Stipulation of Facts of the Pretrial Order, is amended to read as set fortl1 in the attached revised page 5; IT IS FURTHER ORDERED that Section 12, Defendant's Depositions is amended [,1 includc the counter de~igna[inns as set forth in the attached revised pages 34 and 35;

EEOC Bnd R. Skiffv. Finkle- and Dowling
Amtnumt:m~ to 1'10.1\ Pre J Mill Orut.'T
:on ,r @I'H)\~$l.; ~ (lp\; MA/WOH.l Ji) XI?:/l)l)('SJ(,l\)8 ~ 97105.' AOI) 867. J,~. WPD

oI.Il!S I ftll auto!C1a4s!el!32:F0A3.!-. cYv'-103b4U4W~0b4'l-FaSH-PS Document 39 Filed 04/28/2005 Page 2 of 5
liNn 1V~3' J033-WOJ, Wd9l':ZO 90-SZ-JdV

Case 2:03-cv-04404-FSH-PS Document 39 Filed 04/28/2005 Page 3 of 5
al435 Allwood Road, Clifton, New Jersey. Defendant also operates a facility at 100 lllopewell Avenue, Ocean, New Jersey. Defendant operates or utilizes facilities in other states, including Indiana.
[jke other truck drivers employed by Defenda.nt in Indianapolis, Ms. Skiff reports to a Penske distribution center in Indianapolis, Indiana, which dispatches Defendant's trucks. Defendant Douglas Dowling, Defendant's Director of Operations, is based in Ocean, New Jersey, but docs travcJ to Indianapolis. As Director of Operations, Mr. Dowling has the authority to otTer or terminate employment, take disciplinary action against Defendant employees, approve vacation and sick leave requests, approve ret,,'Ulardriving schedules, answer any and all complaints from Defendant's employees, and institute policies. In addition, he has responsibility for reviewing, investigating, addressing and resolving any complaints involving the conduct of employees, and to take disciplinary and all other necessary actions to correct any miswnduct All complaints or prohlems an employee may experience. and which arc not resolved in Indianapolis, arc dirccted to Defcndant Dowling in New Jersey.
On July 6, 2001, OIle of the drivers from Indiunupolis, but not SkitT, wrote a lettcr to Dowling, and signed it from the "Indy Drivers" complaining about Jim McCanns' "management style." After reecipt of thc lctter, on or about July 16, 20(JI, Dowling held a meeting of the drivers in [lldiallap(Jli~
rr which Ski did not attend. Following the meeting, on July 20, 2001, Mr. Dowling relieved McCanns
ofhis supervisory duties and re-assigned him to driving dutics only. On July 20,2001, Dowling advised the Indianupolis drivers that he would oversee the daily operations of the Indianapolis, Indiana dispatch site. Robcrt "Rick" Trinkle was given the responsibility for handling certain other dutie, ~uch as transferring all paperwork and payroll records to Dowling's office, scheduling, and scheduling vac~tions and other time otl'llml monitoring major truck repairs. One year later, on July 211, 2002. McCanns was tcnninatcd for reasons unrelated to the complaints of Rosemaric Skiff.
EEOC and R. Skith, Finkle and rl\)wlitljo\ I ;irwl PreTrio'l Order Amot!ndmtnlS
5

Case 2:03-cv-04404-FSH-PS Document 39 Filed 04/28/2005 Page 4 of 5
42.24 to 43.8 49.3 to 49.19 60.20 to 61.13 a. On damages plaintiff intends to read into evidence the following: None.
b. Defendant objects to the deposition testimony set forth above for the reasons stated: 1. Defendants Clinard B. Finkle Jr., Inc. and Douglas Dowling objt:lcl to the
deposition testimony set forth above to the extent that these witnesses arc present for oral
testimony in open court in tht:l Trial ofthi~ mutter.
ii. Defendants Clifford B. Finkle Jr., Inc. and Douglas Dowling object to the
dt:lposition tt:lstimony set forth above to the extent that, pursuant to P.R. c.p 32(a)(4), other parts
of the depositions set forth above should be introduced. Defendants reserve the right to require
to introduce the portions set forth in Section 12 as its counter designations to the above.
iii. Defendants Cliftard B. Finkle Jr., Inc. and Douglas Dowling object to the admissibility of the deposition testimony pursuant to FR.C.P. 32(b).
2, DEFENDANT'S DEPOSITIONS (List, by page and line, all deposition testimony to be offered into evidence. All irrelevant and redundant matters and all colloquy between counsel must be eliminated, unless ruled relevant. Deposition testimony to be used solely for impeachment purposes need not be listed.)
a. On liability defendant intends to read into evidence the following:

(I) Willard D. "Hank" Kerr: 13.19-15.5 39.7 - 39.25
l.::t.~uc <lOd R. Skitfv. Finkle and Dowling FlOU! PreTrill1 Order
I\mendmt;ml~

(2) John P. Richardson 22.23 - 23.12 24.14 - 24.25 50.1 - 50.6 51.3 - 54.4 55.8 - 55.12 58.25 59.3 60.11 ~ 60.20
34

Case 2:03-cv-04404-FSH-PS Document 39 Filed 04/28/2005 Page 5 of 5

(3) Terry Wril;lht: 25.19 - 26.3 26.20 - 26.25 30.15 • 30.25 31.4 - 31.5 32.2 - 32.9 33.11 - 34.10 34.16 - 35.4 39.21 - 40.6 41.2 - 41.11 42.4 - 42.9 42.25 - 43.1 47.1 - 47.3 50.1-51.18 53.10 - 54.1 54.16 54.9 55.1 . 55.25 56.11 57.6
(4) RobertW. HOl1lsby: 7.2·7.11 20.21 - 20.25 23.9-23.12 27.10 - 27.22 31.21 - 31.24 35.16· 35.22 36.13 • 36.20 37.9 - 37.22 47.18-48.3 48.21 - 49.13 50. I . 50.10 50.12·50.18 53.23 - 54.14

(5) Rick Trinkle 11.25 - 12.25 13.6 - 13.10 14.22 - 16.22 17.16 - IS.13 19.11-20.10 21.14 - 22.8 23.6-23.11 26.25 - 27.7 29.19·29.23 30.7 - 30.14 32.6 - 32.11 33.3 - 33.15 33.16 - 34.13 39.2 - 39.5 40.12 • 42.11 42.17 - 42.21 43.22·44.4 48.1 ·4g.5 49.3·50.19 52.5 - 52.15 53.6 - 53.20 59.3 - 59.6 61.5 - 61.13 68.14 - 68.22 77.6 -77.14 80.9·80.19 81.13 • 81.21 83.1 - 83.5 83.IS·83.21 85.1 . 86.12 86.23 - 87.3 87.14 - 88.9 91.9·91.17 96.20 97.2 101.23·102.9 103.15 -105.19 107.3· 107.7 108.8 -108.18 109.13 • 109.25

(6) ROl: Davis 11.14-11.18 25.14 - 26.7 27.2 - 27.13 37.15-37.5 45.2 - 46.15 47.18 - 48.4 54.13 - 55.3 60.14 - 60.19 62.1 - 62.9 63.12 - 65.21 72.10-74

B. On damages defendant intends to read into evidcm:e the following: NOlle.
C. Plaintiff objects to the deposition testimony set forth above fOI' the rCllsons stated: None except to reservl;: any ohjections to testimony under FRCP 32(b).
F·:FOC ;Hld R. Skifr v. Fillkk anti O()w1iJ\f; Fin.11 PreTrial Order
Alllct1dmcnt~
35

 
 CM/ECF LIVE - U.S. District Court for the District of New Jersey - Doc... https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?106255474516071-L_35...
12BO, CLOSED, MEDIATION, RULE16, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Newark) CIVIL DOCKET FOR CASE #: 2:03-cv-04404-FSH-PS

EEOC v. CLIFFORD B. FINKLE Assigned to: Judge Faith S. Hochberg Referred to: Magistrate Judge Patty Shwartz Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Mediator ROSEMARY J. BRUNO
Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Date Filed: 09/18/2003 Date Terminated: 04/27/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by ROSEMARY JOAN BRUNO BUCHANAN, INGERSOLL & ROONEY, PC 550 BROAD STREET SUITE 810 NEWARK, NJ 07102-4599 (973) 273-9800 Email: rosemary.bruno@bipc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by DAVID INGRAM EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA 19106 (212) 440-2685 LEAD ATTORNEY ATTORNEY TO BE NOTICED
JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE THE BOURSE BUILDING 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA 19106 (215) 440-2688 Email: jacqueline.mcnair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff ROSEMARIE SKIFF

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE THE BOURSE BUILDING 21 SOUTH FIFTH STREET SUITE 400 PHILADELPHIA, PA 19106-2515 (215) 440-2685 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
RACHEL M. SMITH UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE BOURSE 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106-2515 (215) 440-2688 Email: rachel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by KENNETH I. NOWAK ZAZZALI, FAGELLA, NOWAK, KLEINBAUM & FRIEDMAN, PC ONE RIVERFRONT PLAZA NEWARK, NJ 07102-5410 (973) 623-1822 Email: knowak@zzfn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant CLIFFORD B. FINKLE, JR. INC.

represented by FRANK R. CAMPISANO SEDITA, CAMPISANO & COMPISANO, LLC 81 TWO BRIDGES ROAD STE 211 FAIRFIELD, NJ 07004 (973) 787-0299 Email: fcampisano@scclegal.com TERMINATED: 01/31/2005

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Defendant DOUGLAS DOWLING
Defendant CLIFFORD B. FINKLE

LEAD ATTORNEY ATTORNEY TO BE NOTICED
JILL TOBIA SORGER TOBIA & SORGER ESQS., LLC 500 SUPOR BOULEVARD HARRISON, NJ 07029 (973) 746-6000 Email: jsorger@tobiasorger.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
RONALD L. TOBIA TOBIA & SORGER ESQS., LLC 500 SUPOR BOULEVARD HARRISON, NJ 07029 (973) 746-6000 Email: rtobia@tobiasorger.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JILL TOBIA SORGER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
RONALD L. TOBIA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
FRANK R. CAMPISANO (See above for address) TERMINATED: 01/31/2005 ATTORNEY TO BE NOTICED
represented by JILL TOBIA SORGER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
RONALD L. TOBIA (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
FRANK R. CAMPISANO (See above for address)

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TERMINATED: 01/31/2005 ATTORNEY TO BE NOTICED

Date Filed 09/18/2003 09/22/2003 09/22/2003 11/13/2003 11/25/2003 02/25/2004 02/25/2004
02/25/2004 03/04/2004 04/22/2004 04/22/2004 04/28/2004
05/10/2004

#

Docket Text

1 COMPLAINT filed; jury demand FILING FEE $ wv (MD) (Entered: 09/22/2003)
2 NOTICE of Allocation and Assignment filed. ( Newark - Judge Hochberg Magistrate Judge Shwartz) (NM) (MD) (Entered: 09/22/2003)
SUMMONS(ES) issued for CLIFFORD B. FINKLE ( 20 Days) (Mailed to Counsel) (MD) (Entered: 09/22/2003)
3 ANSWER to Complaint by CLIFFORD B. FINKLE (DS) (Entered: 11/18/2003)
4 ORDER, setting scheduling conference for 2:00 2/25/04 ( signed by Magistrate Judge Patty Shwartz ) (NM) (DS) (Entered: 12/08/2003)
5 ORDER REFERRING CASE to Mediation. Staying all proceedings from 6/18/04 through 8/3/04. setting status conf. for 7/19/04 at 9:30 a.m. Signed by Judge Patty Shwartz on 2/25/04. (aa, ) (Entered: 02/26/2004)
6 PRETRIAL SCHEDULING ORDER: setting Settlement Conference for 8/3/2004 11:00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Telephone Conference set for 7/19/2004 09:30 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 1/27/2005 10:00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Fact Discovery due by 10/29/2004. Dispositive Motions due by 12/31/2004. Proposed Pretrial Order due by 1/21/2005, etc. Signed by Judge Patty Shwartz on 2/25/04. (aa, ) (Entered: 02/26/2004)
Minute Entry for proceedings held before Judge Patty Shwartz : Scheduling Conference held on 2/25/2004. (aa, ) (Entered: 03/02/2004)
7 LETTER ORDER DESIGNATING ROSEMARY J. BRUNO as mediator. Signed by Judge Ronald J. Hedges on 03/04/04. (cc, ) (Entered: 03/04/2004)
8 MOTION to Intervene w/cert. of serv. by ROSEMARIE SKIFF. (Attachments: # 1 PO# 2 Letter Brief# 3 Proposed Cmp.)(DD, ) (Entered: 04/23/2004)
Set Deadlines as to 8 MOTION to Intervene. Motion Hearing set for 5/24/2004 before Judge Faith S. Hochberg. (DD, ) (Entered: 04/23/2004)
9 ORDER granting 8 Motion to Intervene; Rosemarie Skiff is granted leave to file a complaint as a pltf. Said complaint shall be filed no later than 5/7/04; EEOC shall provide Rosemarie Skiff copies of all orders, pleadings, and discovery exchanged in this federal civil action. . Signed by Judge Patty Shwartz on 4/28/04. (jd, ) (Entered: 04/29/2004)
10 Intervenor COMPLAINT w/jury demand, filed by ROSEMARIE SKIFF.(sr, ) (Entered: 05/13/2004)

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05/24/2004 05/27/2004 06/07/2004 06/08/2004 06/10/2004
06/10/2004
06/14/2004 06/21/2004 06/30/2004 07/12/2004 09/21/2004 09/23/2004 09/24/2004

11 STATUS REPORT ORDER Status Report due by 6/7/2004. Signed by Judge Faith S. Hochberg on 05/24/04. (lm, ) (Entered: 05/24/2004)
12 LETTER ORDER scheduling an in person conference Hearing set for 6/8/2004 10:00 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 05/26/04. (nr, ) Modified on 5/28/2004 (nr, ). (Entered: 05/28/2004)
15 WAIVER OF SERVICE Returned Executed by PLAINTIFFS as to CLIFFORD B. FINKLE, JR. INC. waiver sent on 5/7/2004, answer due 7/6/2004; DOUGLAS DOWLING waiver sent on 5/7/2004, answer due 7/6/2004. (Attachments: # 1 Waiver of Service for Clifford B. Finkle, Jr.)(dc, ) (Entered: 06/10/2004)
Minute Entry for proceedings held before Judge Patty Shwartz : Status Conference held on 6/8/2004. (aa, ) (Entered: 07/01/2004)
13 Amended Pretrial SCHEDULING ORDER: Settlement Conference set for 9/23/2004 11:30 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 3/2/2005 10:00 AM before Magistrate Judge Patty Shwartz. Status Conference set for 7/12/2004 03:00 PM before Judge Faith S. Hochberg. Dispositive Motions due by 1/28/2005. The return date shall be 2/21/05 before Judge Hochberg. Chambers will advise the parties if oral argument will be required. Proposed Pretrial Order due by 2/25/2005.. Signed by Judge Patty Shwartz on 6/8/04. (jd, ) (Entered: 06/10/2004)
14 Amended ORDER of Reference to Mediation: Mediation shall commence on 6/30/04 with Rosemary Bruno, Esq., who has been appointed to serve as the mediator; the proceedings in this action shall not be stayed; there shall be a telephone status conf. on 7/12/04 at 3:00 p.m.. Signed by Judge Patty Shwartz on 6/8/04. (jd, ) (Entered: 06/10/2004)
16 ANSWER to Intervenor Complaint by CLIFFORD B. FINKLE, JR. INC., DOUGLAS DOWLING, CLIFFORD B. FINKLE.(CAMPISANO, FRANK) (Entered: 06/14/2004)
17 ORDER setting Settlement Conference for 7/13/2004 03:00 PM in Newark Courtroom 1 before Judge Faith S. Hochberg. Signed by Judge Faith S. Hochberg on 6/21/2004. (lm, ) (Entered: 06/21/2004)
18 ORDER that the request for an Order directing reimburse of expenses is moot; & all other terms of the Order dated 6/8/04 shall remain in full force & effect.. Signed by Judge Patty Shwartz on 6/29/04. (DD, ) (Entered: 06/30/2004)
Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 7/12/2004. (aa, ) (Entered: 07/13/2004)
19 LETTER ORDER the Settlement Conference set for 11:30 AM on 9/23/04 has been converted to a Telephone Settlement Conference at 11:00 AM before Magistrate Judge Patty Shwartz. Signed by Judge Patty Shwartz on 9/17/04. (dc, ) (Entered: 09/22/2004)
Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 9/23/2004. (aa, ) (Entered: 09/27/2004)
20 ORDER: that the intervening plaintiff shall provide answers to the interrogatories and document demands served by the defendant no later than 10/15/04. It is

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09/28/2004 09/29/2004 09/30/2004 10/18/2004 11/18/2004 12/10/2004 12/14/2004 01/18/2005
01/27/2005 01/31/2005 02/01/2005 02/02/2005
02/22/2005 04/04/2005

further order that the Order of 6/8/04 shall remain in full force and effect. Telephone Conference set for 12/10/2004 09:30 AM before Judge Faith S. Hochberg.. Signed by Judge Patty Shwartz on 9/24/04. (JB, ) (Entered: 09/24/2004)
Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 9/28/2004. (aa, ) (Entered: 10/13/2004)
21 ORDER Settlement Conference set for 9/30/2004 01:30 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 9/28/04. (DD, ) (Entered: 09/29/2004)
Minute Entry for proceedings held before Judge Patty Shwartz : Settlement Conference held on 9/30/2004. (aa, ) (Entered: 10/13/2004)
22 NOTICE of Appearance by RACHEL M. SMITH on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (dc, ) (Entered: 10/22/2004)
23 STATUS REPORT ORDER: Status Report due by 12/3/2004. Signed by Judge Faith S. Hochberg on 11/18/2004. (lm, ) (Entered: 11/18/2004)
Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 12/10/2004. (aa, ) (Entered: 12/13/2004)
24 SCHEDULING ORDER setting deposition deadlines and setting Final Pretrial Conference set for 3/2/2005 10:00 AM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 12/10/04. (nr, ) (Entered: 12/14/2004)
25 ORDER extending certain deadlines: Joint Proposed Final Pretrial Order due by 3/31/2005 at 4:00 PM. Final Pretrial Conference set for 4/4/2005 at 10:00 AM before Magistrate Judge Patty Shwartz. Affirmative Expert Report no later than 2/10/05. Responsive Expert Report no later than 3/10/05. Expert Depositions no later than 3/18/05. Signed by Judge Patty Shwartz on 1/13/05. (dc, ) (Entered: 01/19/2005)
26 NOTICE of Appearance by JUDITH A. O'BOYLE on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (jd, ) (Entered: 01/28/2005)
27 Substitution of Attorney (SORGER, JILL) (Entered: 01/31/2005)
Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 2/1/2005. (aa, ) (Entered: 02/02/2005)
28 ORDER granting the request for leave to file a motion regarding applicability of NJLAD; setting briefing schedule for dispositive motion and denying request regarding the notice of argument.. Signed by Judge Patty Shwartz on 02/01/05. (nr, ) (Entered: 02/03/2005)
29 ORDER re: substitution of attorney and entry of appearances on behalf of defts Clifford B. Finkle, Jr., Inc. and Douglas Dowling . Signed by Judge Patty Shwartz on 2/22/05. (jd, ) (Entered: 02/23/2005)
Minute Entry for proceedings held before Judge Patty Shwartz : Final Pretrial Conference held on 4/4/2005. (Tape #S05-4.) (aa, ) (Entered: 04/08/2005)

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04/06/2005 04/14/2005
04/15/2005 04/19/2005
04/20/2005
04/22/2005
04/26/2005 04/27/2005 04/27/2005 04/27/2005 04/28/2005 04/28/2005 05/11/2005 05/16/2005

30 FINAL PRETRIAL ORDER. Signed by Judge Patty Shwartz on 04/04/05. (Attachments: # 1 Part 2 of pretrial order)(JB, ) (Entered: 04/06/2005)
31 TRIAL MANAGEMENT ORDER: Jury Selection set for 4/26/2005 10:00 AM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Trial date to be set. Pretrial submissions due within 30 days of 4/4/2005 final pretrial order. Signed by Judge Faith S. Hochberg on 4/14/2005. (lm-sl, ) (Entered: 04/14/2005)
32 Letter from JILL TOBIA SORGER. (lm-sl, ) (Entered: 04/20/2005)
33 ORDER adjourning jury selection for 4/26/2005; trial briefs, jury instructions, etc. due 5/9/2005; summary judgment motion due 4/29/2005 with opposition due 5/9/2005 and reply due 5/12/2005; parties are directed to be prepared for jury selection and trial on short notice. Signed by Judge Faith S. Hochberg on 4/19/2005. (lm-sl, ) (Entered: 04/20/2005)
34 ORDER rescheduling Jury Selection and Trial for 5/17/2005 10:00 AM in Newark - Courtroom 1 before Judge Faith S. Hochberg. Pretrial submissions due 5/9/2005, etc. Signed by Judge Faith S. Hochberg on 4/20/2005. (lm, ) (Entered: 04/20/2005)
35 ORDER that, no later than 4/25/05, the parties shall submit pages to serve as amendments to the final pretrial order that identify (a) the deposition testimony or Mr. Trinkel that the defendants intend to read into evidence (b) the counter-designations to Terry Wright's deposition testimony etc.. Signed by Judge Patty Shwartz on 4/22/05. (JB, ) (Entered: 04/25/2005)
Minute Entry for proceedings held before Judge Patty Shwartz : Telephone Conference held on 4/26/2005. (aa, ) (Entered: 05/02/2005)
36 ORDER DISMISSING CASE as settled, w/out costs and w/out prejudice. Signed by Judge Faith S. Hochberg on 4/27/05. (jd, ) (Entered: 04/28/2005)
37 LETTER ORDER Settlement Conference set for 4/27/2005 01:30 PM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 04/26/05. (nr, ) (Entered: 04/28/2005)
Minute Entry for proceedings held before Judge Patty Shwartz : Settlement Conference held on 4/27/2005. (aa, ) (Entered: 05/02/2005)
38 ORDER directing parties to submit a proposed consent decree to the Hon. Faith S. Hochberg no later than 5/11/05. Signed by Judge Patty Shwartz on 4/27/05. (sr, ) (Entered: 04/28/2005)
39 CONSENT ORDER amending stipulation of facts of the Pretrial Order . Signed by Judge Patty Shwartz on 04/26/05. (nr, ) (Entered: 04/28/2005)
40 ORDER granting 1-day extension to file consent decree with the Court. Signed by Judge Faith S. Hochberg on 5/11/2005. (lm, ) (Entered: 05/12/2005)
41 ORDER regarding 40 Order extending (1) one day to file Consent Decree and filing same etc. Case closed. Signed by Judge Faith S. Hochberg on 5/12/05. (cs, ) (Entered: 05/16/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - May 2005

http://www.eeoc.gov/litigation/settlements/settlement05-05.html

EEOC v. Clifford B. Finkle Jr., Inc. No. 03-4404 (D.N.J. May 16, 2005)
The Philadelphia District Office alleged that the Clifton, New Jersey-based trucking company Clifford B. Finkle Jr., Inc., discriminated against charging party, a female trucker working out of defendant's Indianapolis facility, by failing to correct gender-based harassment. Between July and December 2001, charging party's truck was repeatedly sabotaged, jeopardizing her safety. For example, the air hose was removed from her truck, the truck's antifreeze was drained, and the air seal on the truck's brakeline was removed. Charging party complained repeatedly to the Director of Operations. Subsequently a male coworker witnessed charging party's male supervisor and a male coworker sabotaging her truck and overheard them calling her "the bitch." The coworker warned charging party and in October 2001 reported the conduct to the Director of Operations. Defendant did not conduct an investigation until after charging party filed a discrimination charge in December 2001. Defendant then concluded that the conduct had occurred and fire both perpetrators at the end of January 2002.
Under the 2-year consent decree resolving this case, charging party will receive $225,000 in monetary relief. The decree enjoins defendant from discriminating against employees on the basis of sex in violation of Title VII, allowing harassment on the basis of sex, permitting the existence of a hostile work environment based on sex, and engaging in any practices deemed retaliatory under Title VII. Defendant will take the following corrective actions at its facilities in Indianapolis, Indiana and Clifton and Ocean, New Jersey: (1) post a notice regarding the consent decree's terms and Title VII's requirements on bulletin boards used for communicating with employees; (2) create policies prohibiting harassment and retaliation and disseminate them to all employees; (3) provide annual training to all employees (including temporary employees) and supervisors regarding employees' rights and employer's obligations under Title VII and the comparable New Jersey law; (4) provide training to all managers and supervisors, and to all Human Resources employees, on how to investigate complaints of discrimination; and (5) maintain records on complaints of discrimination and harassment, prepare reports on how the complaints are resolved, make these reports available to the EEOC upon request, and make available to the EEOC all employees whom the Commission wishes to interview to verify compliance with the decree.

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