Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 1 of 17

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.

MORAN FOODS INC. dJb/ a SAVE-A-LOT, LTD.,
Defendant,

and

DAVID BECK, v.

Third Party Plaintiff,

1) MORAN FOODS INC. d/b/a SAVE-A-LOT, LTD.,
2) DENISE MORTON, individually, 3) FRANK CALDERONI, individually, : 4) JOHN DOE{S),
Third Party Defendants.

CIVIL ACTION NO.: 1-03-cv-04617
THIRD PARTY COMPLAINT

NATURE OF THE ACTION The plaintiff files this complaint as an intervener pursuant to 42 U.S.c. Section
2000{e) 5{f)1, A. to protect his individual rights and remedies under Title VII of the Civil Rights Act of 1964 and Title 1 of ~he Civil Rights Act of 1991 ba~ed upon gender discrimination, sexually hostile work environment, unlawful retaliation, and B. to assert his state law claims which arise from the same nucleus of operative facts against the Defendant Moran Foods, Inc. and other individual defendants, and C. to add individual defendants, Denise Morton and Frank.Calderoni, who
plaintiff allege actively participated in the unlawful conduct against him.

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 2 of 17
PARTIES Plaintift the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and who has filed a Complaint against the defendant in this court having the following caption: Equal Employment Opportunity Commission v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd., Civil Action No. l-03-cv04617.
David Beck, third party plaintiff, is an individual who has a statutory right to intervene in this action to protect his individual rights to bring an action for compensatory damages and to enforce his independent state rights actions under the pendent jurisdiction of this court.
The Third Party Defendant Moran Foods, Inc., d/b/a Save-A-Lot, Ltd. ("Save-ALot") (the "Employer") is a corporation who has at all times relevant to the allegations herein been continuously doing business in the State of New Jersey, County of Cape May and City of Rio Grande and has had at least 15 employees.
Denise Morton, third party defendant, is an individual who at all times relevant herein was employed by Save-A-Lot as a store manager in the Rio Grande store and directly supervised the Third Party Plaintiff.
Frank Calderoni, third party defendant, is an individual who at all times relevant herein was employed by Save-A-Lot as a district manager having responsibility for their Rio Grande store.
The Third Party Defendant(s) John Doe(s) represent person(s) "Yho participated in the unlawful discrimination against Mr. Beck and whose identities and liability to Mr. Beck are presently unknown but are being identified as "John Does" in order to
2

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 3 of 17
provide notice that other defendants may be identified and to preserve Mr. Beck's claims, if any, against them.
COUNT ONE Sex Discrimination (Title VII) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 1. At all times relevant herein the Plaintiff was employed as an assistant manager by the Defendant at the Save-A-Lot retail store located in Rio Grande, New Jersey from September 19,1999 until May 20,2002 at which time he was constructively discharged.
2. At all time relevant herein, Morton was acting as the store manager at the Save-A-Lot store in the State of New Jersey~ County of Cape May and City of Rio Grande.
3. In her capacity as store manager, Morton was placed in a position of apparent authority by the employer to supervise and control the work environment and to implement the employer's policies and procedures.
4. During Morton's physical presence in the Rio Grande Save-A-Lot store, she was acting within the scope of her employment and apparent authority.
5. During the Plaintiffs employment the Morton created a work environment permeated by sexually offensive language and conduct, intimidation, ridicule and insult that was directed toward the plaintiff and was both severe and pervasive occurring on a daily basis.
6. The sexually offensive language and conduct included, among other things, the flashing of Morton's panties and bra, regular comments about her sexual affairs and desires and in particular her willingness to engage in extramarital sexual encounters, calling Mr. Beck from her home while he was at the store to make sexually
3

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 4 of 17
provocative comments, stating that she ~'wanted an all-women store," .and making other disparaging comments degrading the male sex and Mr. Beck in particular that were not made to female employees who were similarly situated.
7. The sexually offensive language and conduct described herein was unwelcomed by the Plaintiff and the subject of repeated complaints by the Plaintiff to representatives of the Defendant.
8. The Employer knew or should have known of the sexually offensive language and conduct and the hostile work environment that resulted therefrom because the Employer received complamts about such environment from the Plaintiff and others.
9. At all times relevant herein, the Employer failed to adopt, implement or monitor a reasonable and effective policy and complaint mechanism for the prevention of sex discrimination and hostile work environment at their Rio Grande Save-A-Lot store.
10. Despite the Plaintiff's complaints, the Defendant failed to take any appropriate remedial action toward eliminating the hostile work environment.
11. The aforesaid actions and omissions by the Employer adversely impacted upon the terms and conditions of Mr. Beck's employment by making Mr. Beck physically sick and emotionally tormented to the extent that Morton eventually forced his constructive discharge when he could no longer tolerate the cons~nt ridicule and demeaning conduct that Morton imposed upon him.
12. Morton retaliated and ridiculed Plaintiff because of his repeated complaints, objections, and refusal to accept and/or participate in the aforesaid sexually offensive language and conduct.
4

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 5 of 17
13. Morton's conduct toward Beck in the form of sexual harassment and her participation in his constructive discharge was motivated because of his sex, male.
14. The aforesaid actions and omissions by the Employer render it liable to Beck based upon the doctrine of respondeat superior.
15. The aforesaid actions and omissions by the Employer render it liable to Beck based upon negligence.
16. The aforesaid actions and omissions by the Employer render it liable to Beck based upon the direct participation in unlawful conduct by upper management of the Employer.
17. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT TWO Hostile Work Environment (Title VII) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd.
18. The allegations set forth in Count One, paragraphs one through seventeen are incorporated in Count Two as if same were fully set forth at length herein.
19. The aforesaid conduct by the Employer constitutes sexu~l discrimination against Beck based upon a hostile work environment in violation of Title VII.
5

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 6 of 17
20. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT THREE Retaliation (Title VII) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 21. The allegations set forth in Count One, paragraphs one through seventeen, and Count Two, paragraphs eighteen through twenty are incorporated in Count Three as if same were fully set forth at length herein.
22. Morton's demeaning and abusive actions toward Beck, including statements referring to him in the presence of other as IIfucking retarded" and IIfucking idiot" made it evident that Beck had no futUre employment opportunity with Save-ALot.
23. The aforesaid action and omissions against Beck constitute unlawful retaliatory action by the Employer in violation of Title VII.
24. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees aQd costs associated with the pr?secution of this claim, all of which injuries and losses will continue into the future.
6

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 7 of 17
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional reliet statutory or equitable, as the Court deems appropriate.
COUNT FOUR
Sex Discrimination (NJLAD) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 25. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty and Count Three, paragraphs twenty-one through twenty-four are incorporated in Count Four as if same were fully set forth at length herein.
26. The aforesaid actions and omissions against Beck by the Employer constitute unlawful discrimination based upon sex in violation of the New Jersey Law Against Discrimination.
27. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of Income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT FIVE
Hostile Work Environment (NJLAD) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 28. The allegations set forth in Count One, paragraphs one through
seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, and Count Four, paragraphs twenty-five through
7

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 8 of 17
twenty-seven are incorporated in Count Five as if same were fully set forth at length herein.
29. The aforesaid conduct against Beck by the Employer constitutes sexual discrimination based upon a hostile work environment in violation of New Jersey Law Against Discrimination.
30. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT SIX Retaliation (NILAD) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 31. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Fou~, paragraphs twenty-five'through twentyseven and Count Five, paragraphs twenty-eight through thirty are incorporated in Count Six as if same were fully set forth at length herein.
32. The aforesaid action and o,missions against Beck constitute unlawful retaliatory action by the Employer in violation of New Jersey Law Against Discrimination
8

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 9 of 17
33. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT SEVEN Constructive Discharge in violation of Public Policy (NJLAD)
v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 34. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five, through twentyseven, Count Five, paragraphs twenty-eight through thirty, and Count Six, paragraphs thirty-one through thirty-three are incorporated in Count Seven as if same were fully set forth at length herein.
35. The aforesaid actions and omisSions against Beck by the Employer constitute a constructive discharge of Beck's employment in violation of the public policy of the State of New Jersey.
36. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffer~d emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
9

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 10 of 17
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COVNTEIGHT Sex Discrimination (NILAD) v. Denise Morton 37. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six" paragraphs thirty-one through thirty three and Count Seven, paragraphs thirty-four through thirtysix are incorporated in Count Eight as if same were fully set forth at length herein.
38. Morton was placed in charge of the working environment and had direct supervision of Beck and her actions and'omissions constitute a direct and active participation in the unlawful discrimination against Beck.
39. Morton aided and abetted the Employer's discrimination, harassment and retaliatory conduct against Beck by, among other things, directly participating in the discrimination, harassment and retaliatory conduct through her comments and conduct that included attempts to coerce and intimidate other employees to lie to the persons who were investigating claims of hostile work environment at the Save-A-Lot store in Rio Grande, New Jersey.
40. Morton conspired with Calderoni to intentionally avoid responsibility for the discrimination, harassment and retaliatory action taken against Beck by the Employer.
41. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation,
10

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 11 of 17
embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT NINE Sex Discrimination (NILAD) v. Frank Calderoni 42. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six,. paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six and Count Eight, paragraphs thirty-seven through forty-one are incorporated in Count Nine as if same were fully set forth at length herein.
43. Calderoni aided and abetted the Employer's sex discrimination, harassment and retaliatory conduct against Beck by, among other things, being an active part of upper management who directly participated in not only the failure to implement and effectively monitor policies and practices prohibiting sex discrimination and harassment, but by failing take remedial action to eliminate the sex discrimination and hostile work environment complainedot by Beck.
44. Calderoni conspired with Morton to intentionally avoid responsibility for the discrimination, harassment and retaliatory action taken against Beck by the Employer.
11

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 12 of 17
45. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT TEN Hostile Work Environment v. Denise Morton
46. The allegations set forth in Count One, paragraphs one through
seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, and Count Nine, paragraphs forty-two through forty-five are incorporated in Count Ten as if same were fully set forth at length herein.
47. Morton's actions included a direct and active participation in the creation of a sexually hostile work environment imposed upon Beck in violation of NJLAD.
48. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees arid coSts associated with the prOsecution of this claim, all of which injuries and losses will continue into the future.
12

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 13 of 17
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT ELEVEN Hostile Work Environment v. Frank Calderoni 49. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven th!ough forty-one, Count Nine, paragraphs fortytwo through forty-five, and Count Ten, paragraphs forty-six through forty-eight are incorporated in Count Eleven as if same were fully set forth at length herein.
50. Calderoni's actions included a direct and active participation in the
creation of a sexually hostile work environment imposed upon Beck it:!- violation of
NJLAD.
51. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
13

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 14 of 17
COUNT lWELVE Retaliation (NJLAD) v. Denise Morton 52. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty-eight, and Count Eleven, paragraphs forty-nine through fifty-one are incorporated in Count Twelve as if same were fully set forth at length herein.
53. Morton's actions included a direct and active participation in the loss of future employment opportunity and constructive discharge imposed upon Beck in violation of NJLAD.
54. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT THIRTEEN Retaliation (NILAD) v. Frank Calderoni 55. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs
14

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 15 of 17
twenty-one through twenty-four, Count Four, paragraphs twenty-five'through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty-eight, Count Eleven, paragraphs forty-nine through fifty-one, and Count Twelve, paragraphs fiftytwo through fifty-four are incorporated in Count Thirteen as if same were fully set forth at length herein.
56. Calderoni's actions included a direct and active participation in the loss of future employment opportunity and constructive dicharge imposed upon Beck in violation of NJLAD.
57. As a direct and proximate result of the aforesaid violations of the
Plaintiff's civil rights, the Plaintiff has suffered emotional distress, paiIl, humiliation,
embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer (or compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT FOURTEEN Intentional Infliction of Emotional Distress v. Denise Morton 58. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count seven~ paragraphs thirty-four through thirty-six,
15

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 16 of 17
Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty-eight, Count Eleven, paragraphs forty-nine through fifty-one, Count Twelve, paragraphs fifty-two through fifty-four, and Count Thirteen, paragraphs fifty-five through fifty-seven are incorporated in Count Fourteen as if same were fully set forth at length herein.
59. Morton's actions were intentional, malicious and without justification, for the purpose of causing Beck severe emotional distress and harm.
60. As a direct and proximate result of the aforesaid intentional infliction of emotional distress by Morton, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT FIFTEEN Intentional Infliction of Emotional Distress v. Frank Calderoni 61. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five. through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty-eight, Count Eleven, paragraphs forty-nine through fifty-one, Count Twelve, paragraphs fifty-two through fifty-four, Count Thirteen, paragraphs fifty-five through fifty-seven, and Count
16

Case 1:03-cv-04617-FLW-JBR Document 15 Filed 02/26/2004 Page 17 of 17

Fourteen, paragraphs fifty-eight through sixty are incorporated in Count Fifteen as if same were fully set forth at length herein.
62. Calderoni's actions were intentional, malicious and without justification, for the purpose of causing Beck severe emotional distress and harm.
63. As a direct and proximate result of the aforesaid intentional infliction of emotional distress by Calderoni, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this clai~ all of which injuries and losses will continue into the future.
WHEREFORE, Beck demands judgment against the Employer fur compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.

DEMAND FOR JURY Plaintiff hereby demands a trial by jury as to all issues.

2/23/04 Dated

LOUISP. MCFADDEN,JR., P.e.
s/Louis P. McFadden, Jr. By: Louis P. McFadden, Jr., Attorney for David BeCk

17

 
 Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 1 of 17

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
MORAN FOODS INC. d/b/aSAVE-A-WT, LTD.,
Defendant,
and
DAVID MIZEREK, Third Party Plaintiff,
v.
1) MORANFooDSINC. d/b/ a SAVE-A-LOT, LTD.,
2) DENISE MORTON, individually, 3) FRANK CALDERONI, individually, : 4) JOHN DOE(S),
Third Party Defendants.

CIVIL ACTION NO.: 1"()3-cv-04617
THIRD PARTY COMPLAINT

NATURE OF THE ACTION The plaintiff files this complaint as an intervener pursuant to 42 U.s.c. Section 2000(e) 5(£)1, A. to protect his individual rights and remedies under Title VII of the Civil Rights Act of 1964 and Title 1 of the Civil Rights Act of 1991 based upon gender discrimination, sexually hostile work environment, unlawful retaliation, and B. to assert his state law claims which arise from the same nucleus of operative facts against the Defendant Moran Foods, Inc. and other individual defendants, and C. to add individual defendants, Denise Morton and Frank Calderoni, who plaintiff allege actively participated in the unlawful conduct against him.

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 2 of 17
PARTIES 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 Title VII and who has filed a Complaint against the defendant in this court having the following caption: Equal Employment Opportunity Commission v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd., Civil Action No. 1-03-cv-
04617.
David Mizerek ("Mizerek"), third party plaintiff, is an individu~l who has a statutory right to intervene in this action to protect his individual rights to bring an action for compensatory damages and to enforce his independent state rights actions under the pendent jurisdiction of this court.
The Third Party Defendant Moran Foods, Inc., d/b/ a Save-A-Lpt, Ltd. ("Save-ALot") (the "Employer") is a corporation who has at all times relevant to the allegations herein been continuously doing business in the State of New Jersey, County of Cape May and City of Rio Grande and has had at least 15 employees.
Denise Morton ("Morton"), third'party defendant, is an individual who at all times relevant herein was employed by Save-A-Lot as a store manager in the Rio Grande store and directly supervised the Third Party Plaintiff.
Frank Calderoni ("Calderoni"), third party defendant, is an individual who at all times relevant herein was employed by Save:"A-Lot as a district manager having responsibility for their Rio Grande store.
The Third Party Defendant(s) John Doe(s) represent person(s) who participated in the unlawful discrimination against Mr. Mizerek and whose identities and liability to Mr. Mizerek are presently unknown but are being identified as "John Does" in order to
2

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 3 of 17
provide notice that other defendants may be identified and to preserve Mr. Mizerek's claims, if any, against them.
COUNT ONE Sex Discrimination (Title VII) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 1. At all times relevant herein the Plaintiff was employed as an assistant manager by the Defendant at the Save-A-Lot retail store located in Rio Grande, New Jersey from February 2001 until June 12, 2002 at which time he was terminated.
2. At all time relevant herein, Morton was acting as the store manager at the Save-A-Lot store in the State of New Jersey, County of Cape May and City of Rio Grande.
3. In her capacity as store manager, Morton was placed in a position of apparent authority by the employer to supervise and control the work environment and to implement the employer's policies and procedures.
4. During Morton's physical presence in the Rio Grande Saye-A-Lot store, she was acting within the scope of her employment and apparent authority.
5. During the Plaintiff's employment the Morton created a work environment permeated by sexually offensive language and conduct, intimidation, ridicule and insult that was directed toward the plaintiff and was both severe and pervasive occurring on a daily basis.
6. The sexually offensive language and conduct included, among other things, the flashing of Morton's panties and bra, regular comments about her sexual affairs and desires and in particular her willingness to engage in extramarital sexual encounters, calling Mr. Mizerek from her home while he was at the store to make sexually provocative comments, stating that she "wanted an all-women store," and
3

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 4 of 17
making other disparaging comments degrading the male sex and Mr. Mizerek in particular that were not made to female employees who were similarly situated.
7. The sexually offensive language and conduct described herein was unwelcomed by the Plaintiff and the subject of repeated complaints by the Plaintiff to representatives of the Defendant.
8. The Employer knew or should have known of the sexually offensive language and conduct and the hostile work environment that resulted therefrom because the Employer received complaints about such environment from the Plaintiff and others.
9. At all times relevant herein, the Employer failed to adopt, implement or monitor a reasonable and effective policy and complaint mechanism for the prevention of sex discrimination and hostile work environment at their Rio Grande Save-A-Lot store.
10. Despite the Plaintiff's complaints, the Defendant failed to take any appropriate remedial action toward eliminating the hostile work environment.
11. The aforesaid actions and omissions by the Employer adversely impacted upon the terms and conditions of Mr. Mizerek's employment by making Mr. Mizerek emotionally tormented to the extent that Morton eventually caused his termination.
12. Morton retaliated against Plaintiff because of his repeated complaints, objections, and refusal to accept and/or participate in the aforesaid sexually offensive language and conduct.
13. Morton's conduct toward Mizerek in the form of sexual harassment and her participation in his termination was motivated because of his sex, male.
4

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 5 of 17
14. The aforesaid actions and omissions by the Employer render it liable to Mizerek based upon the doctrine of respondeat superior.
15. The aforesaid actions and omissions by the Employer render it liable to Mizerek based upon negligence.
16. The aforesaid actions and omissions by the Employer render it liable to Mizerek based upon the direct participation in unlawful conduct by upper management of the Employer.
17. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT1WO Hostile Work Environment (Title VII) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd.
18. The allegations set forth in Count One, paragraphs one through seventeen are incorporated in Count Two as if same were fully set forth at length herein.
19. The aforesaid conduct by the Employer constitutes sexual discrimination against Mizerek based upon a hostile work environment in violation of Title VII.
20. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation,
5

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 6 of 17
embarrassment, loss of employment, loss of income, loss of quality of life, pennanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT THREE Retaliation (Title VII) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 21. The allegations set forth in Count One, paragraphs one through seventeen, and Count Two, paragraphs eighteen through twenty are incorporated in Count Three as if same were fully set forth at length herein.
22. Morton's demeaning and abusive actions toward Mizerek, made it evident that Mizerek had no future employment opportunity with Save-A-Lot.
23. The aforesaid action and omissions against Mizerek constitute unlawful retaliatory action by the Employer in violation of Title VII.
24. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, pennanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
6

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 7 of 17
COUNT FOUR Sex Discrimination (NILAD) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. 25. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty and Count Three, paragraphs twenty-one through twenty-four are incorporated in Count Four as if same were fully set forth at length herein.
26. The aforesaid actions and omissions against Mizerek by the Employer constitute unlawful discrimination based upon sex in violation of the New Jersey Law Against Discrimination.
27. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees arid costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such
the additional relief, statutory or equitable, as Court deems appropriate.
COUNT FIVE Hostile Work Environment (NILAD) v. Moran Foods, Inc. d/b/a Save-A-Lot, Ltd.
28. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, and Count Four, paragraphs twenty-five through twenty-seven are incorporated in Count Five as if same were fully set forth at length herein.
7

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 8 of 17
29. The aforesaid conduct against Mizerek by the Employer constitutes sexual discrimination based upon a hostile work environment in violation of New Jersey Law Against Discrimination.
30. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT SIX Retaliation (NILAD) v. Moran Foods, Inc. dfb/a Save-A-Lot, Ltd.
31. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five'through twentyseven and Count Five, paragraphs twenty-eight through thirty are incorporated in Count Six as if same were fully set forth at length herein.
32. The aforesaid action and omissions against Mizerek constitute unlawful retaliatory action by the Employer in violation of New Jersey Law Against Discrimination
33. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent
8

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 9 of 17
injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT SEVEN Constructive Discharge in violation of Public Policy (NJLAD)
v. Moran Foods, Inc. dlb/a Save-A-Lot, Ltd. 34. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, and Count Six, paragraphs thirty-one through thirty-three are incorporated in Count Seven as if same were fully set forth at length herein.
35. The aforesaid actions and Omissions against Mizerek by the Employer by terminating Mizerek's employment was in violation of the public policy of the State of New Jersey.
36. As a direct and proximate result of the aforesaid violations of the Plaintiffs civil rights, the Plaintiff has sUffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
9

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 10 of 17
COUNT EIGHT Sex Discrimination (NJLAD) v. Denise Morton 37. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty three and Count Seven, paragraphs thirty-four through thirtysix are incorporated in Count Eight as if same were fully set forth at length herein.
38. Morton was placed in charge of the working environment and had direct supervision of Mizerek and her actions and omissions constitute a direct and active participation in the unlawful discrimination against Mizerek.
39. Morton aided and abetted the Employer'S discrimination, harassment and retaliatory conduct against Mizerek by, among other things, directly participating in the discrimination, harassment and retaliatory conduct through her comments and conduct that included attempts to coerce and intimidate other employees to lie.to the persons who were investigating claims of hostile work environment at the Save-A-Lot store in Rio Grande, New Jersey.
40. Morton conspired with Calderoni to intentionally avoid responsibility for the discrimination, harassment and retaliatory action taken against Mizerek by the Employer.
41. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
10

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 11 of 17
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT NINE Sex Discrimination (NILAD) v. Frank Calderoni 42. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six and Count Eight, paragraphs thirty-seven through forty-one are incorporated in Count Nine as if same were fully set forth at length herein.
43. Calderoni aided and abetted the Employer's sex discrimination, harassment and retaliatory conduct aga~nst Mizerek by, among other ~gs, being an active part of upper management who directly participated in not only the failure to implement and effectively monitor policies and practices prohibiting sex discrimination and harassment, but by failing take remedial action to eliminate the sex discrimination and hostile work environment complained of by Mizerek.
44. Calderoni conspired with Morton to intentionally avoid responsibility for the discrimination, harassment and retaliatory action taken against Mizerek by the Employer.
45. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
11

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 12 of 17
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney"s fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT TEN Hostile Work Environment v. Denise Morton 46. The allegations set forth in Count One.. paragraphs one through seventeen.. Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty.. Count Six;- paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, and Count Nine, paragraphs forty-two through forty-five are incorporated in Count Ten as if same were fully set forth at length herein.
47. Morton's actions included a direct and active participation in the creation of a sexually hostile work environment imposed upon Mizerek in violation of NJLAD.
48. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
12

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 13 of 17
COUNT ELEVEN Hostile Work Environment v. Frank Calderoni 49. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, and Count Ten, paragraphs forty-six through forty-eight are incorporated in Count Eleven as if same were fully set forth at length herein.
50. Calderoni's actions included a direct and active participation in the creation of a sexually hostile work environment imposed upon Mizerek in violation of NJLAD.
51. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT lWELVE Retaliation (NILAD) v. Denise Morton 52. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five'through twenty-
13

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 14 of 17
seven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty~eight, and Count Eleven, paragraphs forty-nine through fifty-one are incorporated in Count Twelve as if same were fully set forth at length herein.
53. Morton's actions included a direct and active participation in the loss of future employment opportunity and termination imposed upon Mizex:ek in violation of NJLAD.
54. As a direct and proximate result of the aforesaid violations of the Plaintiffs civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT THIRTEEN Retaliation (NILAD) v. Frank Calderoni
m 55. The allegations set forth Count One, paragraphs one through
seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty-eight, Count
14

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 15 of 17
Eleven, paragraphs forty-nine through fifty-one, and Count Twelve, paragraphs fiftytwo through fifty-four are incorporated in Count Thirteen as if same were fully set forth at length herein.
56. Calderoni's actions included a direct and active participation in the loss of future employment opportunity and termination imposed upon Mizerek in violation of NJLAD.
57. As a direct and proximate result of the aforesaid violations of the Plaintiff's civil rights, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT FOURTEEN Intentional Infliction of Emotional Distress v. Denise Morton 58. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five.through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty-eight, Count Eleven, paragraphs forty-nine through fifty-one, Count Twelve, paragraphs fifty-two through fifty-four, and Count Thirteen, paragraphs fifty-five through fifty-seven are incorporated in Count Fourteen as if same were fully set forth at length herein.
15

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 16 of 17
59. Morton's actions were intentionat malicious and without justification, for the purpose of causing Mizerek severe emotional distress and harm..
60. As a direct and proximate result of the aforesaid intentional infliction of emotional distress by Morton, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.
WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.
COUNT FIFTEEN Intentional Infliction of Emotional Distress v. Frank Calderoni 61. The allegations set forth in Count One, paragraphs one through seventeen, Count Two, paragraphs eighteen through twenty, Count Three, paragraphs twenty-one through twenty-four, Count Four, paragraphs twenty-five through twentyseven, Count Five, paragraphs twenty-eight through thirty, Count Six, paragraphs thirty-one through thirty-three, Count Seven, paragraphs thirty-four through thirty-six, Count Eight, paragraphs thirty-seven through forty-one, Count Nine, paragraphs fortytwo through forty-five, Count Ten, paragraphs forty-six through forty-eight, Count Eleven, paragraphs forty-nine through fifty-one, Count Twelve, paragraphs fifty-two through fifty-four, Count Thirteen, paragraphs fifty-five through fifty-seven, and Count Fourteen, paragraphs fifty-eight through sixty are incorporated in Count Fifteen as if same were fully set forth at length hereip..
62. Calderoni's actions were intentional, malicious and without justification, for the purpose of causing Mizerek severe emotional distress and harm.
16

Case 1:03-cv-04617-FLW-JBR Document 16 Filed 02/27/2004 Page 17 of 17

63. As a direct and proximate result of the aforesaid intentional infliction of emotional distress by Calderoni, the Plaintiff has suffered emotional distress, pain, humiliation, embarrassment, loss of employment, loss of income, loss of quality of life, permanent injury, medical expenses and the fees and costs associated with the prosecution of this claim, all of which injuries and losses will continue into the future.

WHEREFORE, Mizerek demands judgment against the Employer for compensatory damages, punitive damages, attorney's fees and costs and such additional relief, statutory or equitable, as the Court deems appropriate.

DEMAND FOR JURY Plaintiff hereby demands a trial by jury as to all issues.

2/23/04 Dated

LOUIS P. MCFADDEN, JR., P.e.
s/Louis P. McFadden, Jr. By: Louis P. McFadden, Jr., Attorney for David Mizerek

17

 
 Case 1:03-cv-04617-FLW-JBR Document 26 Filed 01/10/2005 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff,
v.
MORAN FOODS, INC. et al.
Defendant,

:

Civil Action No. 03-4617 (FLW)

:

:

:

ORDER OF DISMISSAL

:

:

:

:

:

:

:

:

It having been reported to the Court that the above-captioned action has been settled, and that

the request for an order of dismissal is not based upon a desire to adjourn or delay the proceedings

herein;

IT IS on this 10TH day of January, 2005,

ORDERED THAT:

(1) This action is hereby DISMISSED without costs and without prejudice to the right, upon

motion and good cause shown, within 60 days, to reopen this action if the settlement is not

consummated; and

(2) If any party shall move to set aside this Order of Dismissal as provided in the first

paragraph or pursuant to the provisions of Fed. R. Civ. P. 60(b), in deciding such motion the Court

retains jurisdiction of the matter to the extent necessary to enforce the terms and conditions of any

settlement entered into between the parties.

S/Freda L. Wolfson Freda L. Wolfson United States District Judge

 
 Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 1 of 11

ll.S. 1l:1IU1t1l!:lIIpluy",~'ul OPI)(n'tlmlt)' C"OlfUrihilon rhillld('lphill 1)i~lri~'i Offi",fi 21 South nfth Strt!et, Suite 400 Fhilllddphill, PA 19'J(l64l51~
J.,o(".11 Offlce:;
21 Nl1wl'\rk ('ellt~.., 21" Floor ~ew:i.I·kj New ,Ieney 07102
Dawn M. Edyc
DME-97U5
C""un~cI I'fJr PJllintill
IN THR UNITED STATES DlSTRICT COURT FOR THE DISTRICT OF NRW .JERSEY

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

Y.

)

)

MORAN FOODS INC.

)

d/b/a SAVR-A-I,OT, LTD.,

)

)

)

Defendant.

)

)

CIVIL ACTION NO. 03-cY-4617

CONSENT DECREE

This Consent Decree is <'Iltered into by the Plai)ltiff, the U))itect States Equal Employment

Opportunity COlllmission (the "EEOC" or the "Commission") and the Defendant, Moran Foods Inc.

d/b/a Save-A-Lo(, L(d. hereinafter ref~med (0 as ("Save-A-Lot"), its successors or assigns.

The Commission brought this action on September 30, 2003, in the United States District

Comi for the District ofNew .Jersey to enforce Title VII oflhe Civil Rights Act 01'1964, as amended,

and Title I or the Civil Rights Act or 1991, 42 US,C. § 2000e, eL seq ("Tille VII"). Tn its

Complaint, the Commission alleges that during their employment, Messrs, Beck and Mizerek were

sexually harassed on a daily basis by Defendant's Manager when she subjected them to unwelcome

inappropriate sexual comments, physical (ollchil1g, and lmwelcome sexual requests which created

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 2 of 11
a sexually hos(ile work environment. The Commission alleged (hat Mr. Beck was constructively discharged aller hc could no longer withstand the allegeJ sex ual harassment and that Mr. Mizerek was discllarged after he rep(lrted the alleged sexual harassment to Defendant's higher-level management.
In an attempt to avoid further litigation costs, the parties to this action do hereby agree to the entry of this Consent Decree (hereinafter rerelTed to as the "Decree") which shall resolve fully and tlnallyal1 claims which wen: raised by the EEOC in its Complaint filed on behalf of Messrs. Beck aJld Mizerek. It is the intent of'the parties that this Decree shall be a final and binding settlement
between the parties signatolY hereto, their successors and assigns, ill f~t11 disposition of all claims
alleged in the Commission's Complaint in Civil Action No. 03-cv-46 I 7. The Parties hereby agree thaI: I. This Decree is entered into in compromise of the claims asserted in this civil action.
Savc-A-Lot denies any wrongdoing, and this Decree shall not he construed or deemed (0 be evidence or any wrongdoing, fault, liability or admissihility by any party regarding the merits of any claims asserted by EEOC and defenses asserted hy Save-A-Lot. Savc-A-Lot denies that it violated Title VIT.
2. The EEOC is the agency of the United States government authorized by Congress to investigate allegations of unlawful employment discrimination, to bring civil actions based upon these allegations ofLlnlawf'ul practices, and to seek relieff(,r individuals affecteJ by such practices.
3. The parties stipulate that, pursuant to Title Vll and 28 USC § 451, 1331, 1337, 1343, and 1345, the United States District for the District of New Jersey hasjurisdietion over hoth the sllhject
matter and the parties in this casco The parties further stipulate that venue is appropriate in the
2

~. '

,.'

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 3 of 11

District of New Jersey. NON-DISCRIMINATION AND NON-RETAUAnON
4. Save-A-Lot agrees not to subject its employees to sexual harassment or any employment practice which operates to deny eqlLal employment opportunity based on sex, in violation of TItle VII.
5. Save-A-Lo( agrees no( to engage in any employment practices which retaliate in any manner against any person, including but not limited to, Messrs. Beck and Mizerek, because ofthat person's cooperation with the EEOC with respect to this civil action, including the filing ofachal'ge, the giving oftestimony or assistance, or participation in this matter, or any investigation, hearing or proceeding under Title VII.
6. Save-A-Lot shall not divulge directly to any employer or potential employer of Messrs. Beck and Mizerek the facts or circumstances related to the charge ofdiscrimination against Save-ALot, or any of the events relating to their participation in the litigation of this matter. Save-A-Lot will expunge fhml the personnel files ofMessrs. Beck and Mizerek any documents, correspondencc and related papers pertaining to the charge ofdiscrimination filed by Messrs. Beck and Mizerek with the EEOC or the EEOC's lawsuit.
MONETARY COMPENSATION 7. Savc-A-Lot agrees to pay the sum total of$175,000.00, less applicable taxes, to Messrs. Beck and Mizerek, and their counsel. [n order to receive this monetary payment, Messrs. Beck and Miz.erek will be required to execute a Settlement Agreement and General Release acceptable to Save·A-Lot and their private attorney. 8. Within twcnty"onc days aftcr Savc-A-Lot has rcceived Messrs. Beck and Mizerek
3

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 4 of 11
'.'
executed Settlement Agreement and General Releases, Save-A-Lot will make the monetary payment to Messrs. Beck and Mizerek. Proof of the payment (consisting () f a copy 0 r tho check and a copy or the transmittal letter to Messrs. Beck and Mizerek) shall be mailed to DawnM. Edge, Trial Attorney, EEOC, 21 S. Fifth Street, Suite 400, Philadelphia, PA 19106.
POSTING OF NOTICE
9. Within 20 business days after entry orthis Decree, Save-A-Lot shall post a Notice at its Rio Grande, New Jersey facility in the form attached hereto as Exhibit A. The Notice shall remain posted for a period oftwo years from the date ofthe filing ofthis Decree with the Court. The Notice shall he easily legible and shall be posted on the bulletin boards at the Rio Grande, New Jersey facility where notice~, bulletins or announcements of this nature are usually and customarily posted for the benefit orall employees. Should the posted copy of the Notice become defaced, man-ed or otherwise made unreadable, Save-A·Lot agrees to immediately post a readable copy of the Notice.
TRAINING 10. Save-A-Lot shall provide training on the requirements orTitle VII as tallows:
(a) Save-A-Lot agrees to conduct training on unlawful sexual harassment and discrimination under Title VII consistent with its current harassment training for all employees, assistant managers, co-managers and general managers at its Rio Grande, New Jersey facility within 90 calendar days (lfthe fHing of the Decree. Defendant agrees to notify the Commission as (0 the date of the training, and provide infonTlation regarding the substantive content presented at the training aftcr the training is completed.
(b) Save-A-Lot shall provide such training at it Rio Grande, New Jersey facility in calender years 2006, 2007 and 2008.
4

I .• '

. ~

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 5 of 11

II. In addition to the training described in Paragraph 10, within 90 calendar days ofthe entry ofthe Consent Decree, Save-A-Lot shall provide training to all assistant managers, co-manager~ and general managers at its Rio Grande, New Jersey facility on how to respond to and promptly report complaints or charges o[cmployment discrimination to Defendant's Humall Resource Department.
12. Save-A-Lot shall certiCy to the EEOC in writing within to business days after the training sessions required by Paragraphs 10 and 11 have occurred, that the training has taken place and that all ofthe required personnel have attended. Such certifteation shall include: (i) the dates, location and duration ofthe training session; and (ii) a copy of the registry of attendance, including the name alld position of each person in attendance.
RRCORDKRRPTNG 13. For a period oftwo years following entry ofthis Decree, Save-A-Lot shall document and retain in a centralized file in Human Resources records of each complaint of an incident of discrimination or harassment based on sex made by any employee in Defendant's stores located in Delaware, New Jersey, Pennsylvania and its facility located at 220 Cypress Street, Salsibury, Maryland reflecting the date the complaint was made, who made it, whu( was alleged and the actions Save-A-Lot took to resolve the matter. Save-A-Lot also shall maintain records of all remedial action taken to prevent discrimination and harassmcnt at all of its facilities located in Delaware, New Jersey, Pennsylvania and its facility located at 220 Cypress Street, Salsibury, Maryland, during the
tem1 0r(his Consent Decree.
14. The EEOC may monitor compliance with the Consent Decree by making reasonable requests for information referred thereto. If Save-A-Lot declines (0 produce the requested information 011 grounds of unreasonableness or unrelatedoess, EEOC may seek relieffrom the Court
5

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 6 of 11
t .••
after the parties' reasonable attempts to resolve the dispute have failed. Save-A-Lot shall make all documents or records referred in Paragraph 13 available for inspection and copying within 10 business days after the EEOC so requests. Any party shall provide (en (10) days written notice to the opposing party belore seeking Court review of any alleged non-compliance.
15. Nothing in this Decree shall be constmed to limit any obligation Save-A-Lot otherwise may have to maintain records under Title VII or any other law or regulation during, or after expiration of'this Consent Decree.
DISPUTE RESOLUTION AND COMPLIANCE 16. The parties agree that the Court may enter such orders, and will have all equitable powers, including injunctive relief, as may be necessary in order to enforce the Monetary Compensation and Equi(able Relief sections of (his Consent Decree. The Court may order expedited discovery under the Federal Rules of Civil Procedure lor purposes of' determining compliance with the Monetary Compensation and Equi(able Relief sections of this Decree or defending against a claims of non-compliance. 17. In the event that the EEOC determines that a violation of this Decree has occurred, it will, belore exercising any remedy provided by law, provide written notice to Save-A-Lot specifically identifying the alleged violations. Savc"A-Lot will havc thirty (30) days in which (0 investigate and respond 10 the allega(ions, unless the Commission detennines there to be exigent circumstances. Trthcse exigent circumstances exist, the Commission may inmlediateiy apply to lhe Court for relief. The parties shall engage in a good faith effort to resolve any displLte as to compliallCe prior to seeking review by the Court. Upon motion (If either party, (he Court may schedule a hearing ltlr the purpose ofreviewing compliance with this Decree. TIle party seeking
6

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 7 of 11
Court intervention shall be required to give notice to the opposing party tell (10) days bef()rc moving for sueh Teview. The Comt may conduct expedited discovery under the Federal Rules of Civil Procedure for purposes of deteITllining compliance with this Decree or defending against a claim of non-compliance. The Court will have aU equitable powers, including injunctive reliet~ to enforce this Dec.ree. No party may seek COUTt intervention unless the requirements orthis paragraph are satisfied.
MISCELLANEOUS PROVISIONS 18. Each party to this Decree shall bear its own expenses, costs and attomeys' fees. 19. If any provision of the Consent Decree is found to he lmlawrul, only tlw specific provision in qlLestion shall be affecled alld (he otheT provisions will remain in full force and effect. 20. The tenns of the Decree arc and shall be binding upon the successors, representatives, and assigns of Save-A-Lo!. 21. The Decree constitutes the entire agreement and commitments of' the parties. Any modifications to this agreement must he mutually a,,'Teed UpOll and memorialized in a writing signed by Savc-A-Lot and the Commission. 22. This Consent Decree shall fully and finally resolve all claims which were raised by the EEOC in its Complaint in Civil Action No 03-cv-4617. 23. Failure by the Commission to seck enforcement or this Decree with regard to one provision 8hallnot be construed as a waiver of its rights to do So with regard (0 the sanle or other provisions of this Decree. 24. Any notices to Savc-A-Lot lmder this Decree shall be sent via facsimile and first class mail to the attentioll of the Vice President of Human Resonrces, 100 Corporate Oftlce Drive, Earth
7

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 8 of 11
;, •• <
City, Missouri 63045, Facsimile (314) 592-9631. 25, This Consent Decree shall be filed in the United States District Court Il)f the District of
New Jersey and shall continue to be in effect for a period oftwo years.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Eric S, Drciband General Counsel
James L. Lee Depu!y General Counsel
Gwendolyn Young Reams Associate General Counsel
Washington, D,C.
~,dc~0iL-
Regional Attorney
~J~d~ I), 0 /&~'7 C
J dlth A, O'Boyle S pervisOIY Trial Attorney
C
awn M. Edge Trial Attorney U.S. EEOC Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2828
?>p~/rn
DA E

MORAN FOODS INC. d/b/a SAVE-A-LOT
-~-
..
William M. Shaner Executive Vice President and ChiefOperating Officer 100 Corporate Office Drive Ear!h City, Missouri 63045
DATE

8

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 9 of 11 , '
APPROVED AND SO ORDERED:
o(J(~7J{
DATE

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 10 of 11

f ,f

.' ..

EXHIBIT-A

Case 1:03-cv-04617-FLW-JBR Document 28 Filed 03/24/2005 Page 11 of 11
", '

NOTICE TO ALL SAVE-A-LOT EMPLOYEES •
This Notice is posted pursuant to a Consent Decree entered by the federal court tor the District of New Jersey in EEOC v. M()ran Foods, Inc. d/b/a Save-A-Lot. Ltd., Civil Action Number 03-4617, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Moran Foods, Inc. d/b/a Save-A-Lot, Ltd. ("Savc-A-Lot").
Title vn of the Civil Rights Act of 1964,42 U.S.C. § 2000e.!l! seq., as amended ("Title
VII"), prohibits discrimination against employees and applicants for employment based upon sex, national origin, race, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves ofthe rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges ofunlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.

In its lawsuit, the EEOC alleged that Savc-A-Lot subjected employees to sexual harassment because of their sex, retaliation and constructive discharge il.1 violation of Title VII.

To resolve the case, Save-A-LQ( and the EEOC have entered into a Consent Decree which provided, among other things, that: (1) Save-A-Lot will pay monctalY relief; (2) Save-A-Lot shall not discriminate 011 the basis ofsex in the future; (3) Save-A-Lot will not retaliate against any person because he or she opposed any practice Inade unlawful by Titlc VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (4) Save-A-Lotwill train all managers and supervisors regarding Title VII's prohibitions againsl discrirnina(i()n, harassment and relaliation at its Rio Grade, New Jersey store.

Ifyou believe you havc been discriminated against, you may contact the EEOC at (215) 4402600. The EEOC charges lIO fees and has employees who speak languages other than English.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted jor two ycars 100m the date below and must not be altered, defaced or covered by any other material. Any questions aboulthis Notice or compliance with its tenns may he directed to the: Regional Attorncy, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.

~-

ual Employment Opportunity

Savc-A-Lot

DATED:

DATED: ________________.

 
 CM/ECF LIVE - U.S. District Court for the District of New Jersey - Docket Report

Page 1 of 5

12BG, CLOSED, RULE16, SCHEDO
U.S. District Court District of New Jersey [LIVE] (Camden) CIVIL DOCKET FOR CASE #: 1:03-cv-04617-FLW-JBR

EEOC v. MORAN FOODS INC., et al Assigned to: Judge Freda L. Wolfson Referred to: Magistrate Judge Joel B. Rosen Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/30/2003 Date Terminated: 01/10/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by DAWN M. EDGE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PHILADELPHIA DISTRICT OFFICE 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106-2515 (215) 440-2687 Email: dawn.edge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant MORAN FOODS INC. doing business as SAVE-A-LOT, LTD.
Intervenor DAVID BECK

represented by MICHAEL S. COHEN WOLF, BLOCK, SCHORR & SOLISCOHEN, LLP 1650 ARCH STREET 22ND FLOOR PHILADELPHIA, PA 19103-2097 (215) 977-2086 Email: mscohen@wolfblock.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LOUIS P. MCFADDEN, JR. 2106 NEW ROAD SUITE F-4 LINWOOD, NJ 08221 (609) 601-2330 Email: mcfaddenlawfirm@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?101960735105744-L_353_0-1

5/23/2007

CM/ECF LIVE - U.S. District Court for the District of New Jersey - Docket Report

Page 2 of 5

Intervenor DAVID MIZEREK
ThirdParty Plaintiff DAVID BECK
V. ThirdParty Defendant JOHN DOES ThirdParty Defendant FRANK CALDERONI
ThirdParty Defendant DENISE MORTON
ThirdParty Defendant MORAN FOODS INC.
ThirdParty Plaintiff DAVID MIZEREK
V. ThirdParty Defendant FRANK CALDERONI
ThirdParty Defendant JOHN DOES ThirdParty Defendant MORAN FOODS INC.
ThirdParty Defendant

represented by LOUIS P. MCFADDEN, JR. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by MICHAEL S. COHEN (See above for address) ATTORNEY TO BE NOTICED
represented by MICHAEL S. COHEN (See above for address) ATTORNEY TO BE NOTICED
represented by MICHAEL S. COHEN (See above for address) ATTORNEY TO BE NOTICED
represented by MICHAEL S. COHEN (See above for address) ATTORNEY TO BE NOTICED
represented by MICHAEL S. COHEN (See above for address) ATTORNEY TO BE NOTICED

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?101960735105744-L_353_0-1

5/23/2007

CM/ECF LIVE - U.S. District Court for the District of New Jersey - Docket Report

Page 3 of 5

DENISE MORTON

represented by MICHAEL S. COHEN (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/30/2003 09/30/2003
09/30/2003 10/20/2003 10/20/2003 10/31/2003 11/13/2003
11/13/2003
11/13/2003
11/26/2003 12/30/2003
12/30/2003
12/30/2003
12/30/2003

#

Docket Text

1 COMPLAINT filed; jury demand (gg) (Entered: 09/30/2003)

2 NOTICE of Allocation and Assignment filed. ( Camden - Judge Freda L. Wolfson - Magistrate Judge Joel B. Rosen) (NM) (gg) (Entered: 09/30/2003)

SUMMONS issued for MORAN FOODS INC. (20 Days) (Mailed to Counsel) (gg) (Entered: 09/30/2003)

3 ANSWER to Complaint by MORAN FOODS INC. (sb) (Entered: 10/20/2003)

4 ORDER, setting scheduling conference for 9:30 11/26/03 (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 10/20/2003)

5 RETURN OF SERVICE executed by mail as to MORAN FOODS INC. 10/23/03 Answer due on 11/12/03 (sb) (Entered: 11/03/2003)

6 ORDER, for Jonathan D. Wetchler, Esq. to appear pro hac vice for the defendant MORAN FOODS INC. (signed by Mag. Judge Joel B. Rosen) (NM) (db) (Entered: 11/14/2003)

7 CERTIFICATION of Michael S. Cohen on behalf of MORAN FOODS INC. Re: [6-1] order for Jonathan D. Wetchler, Esq. to appear pro hac vice for the defendant MORAN FOODS INC. (db) (Entered: 11/14/2003)

8 AFFIDAVIT of Jonathan D. Wetchler on behalf of MORAN FOODS INC. Re: [6-1] order for Jonathan D. Wetchler, Esq. to appear pro hac vice for the defendant MORAN FOODS INC. (db) (Entered: 11/14/2003)

Scheduling conference held before Mag. Judge Joel B. Rosen on 11/26/03. (js) (Entered: 12/04/2003)

9 Notice of MOTION to intervene add third party complaint and assert additional claims by DAVID BECK, Motion set for 2/6/04 on [9-1] motion . (Brief/PO Subm) (db) (Entered: 12/31/2003)

10 CERTIFICATE OF SERVICE by DAVID BECK Service Re: [9-1] motion to intervene add third party complaint and assert additional claims (db) (Entered: 12/31/2003)

11 Notice of MOTION to intervene, add third party complaint and assert additional claims by DAVID MIZEREK, Motion set for 2/6/04 on [11-1] motion . (Brief/PO Subm) (db) (Entered: 12/31/2003)

12 CERTIFICATE OF SERVICE by DAVID MIZEREK Service Re: [11-1] motion to intervene, add third party complaint and assert additional claims (db) (Entered: 12/31/2003)

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?101960735105744-L_353_0-1

5/23/2007

CM/ECF LIVE - U.S. District Court for the District of New Jersey - Docket Report

Page 4 of 5

01/29/2004 02/08/2004 02/26/2004 02/27/2004 03/29/2004 03/29/2004 03/29/2004 03/29/2004 03/29/2004 03/29/2004 05/03/2004 05/04/2004
09/27/2004 09/28/2004
09/28/2004

13 Letter from David Beck's and David Mizerek's attorney Louis P. McFadden. Re: #9 and #11 motions (Attachments: # 1 Copy of Letter from deft.'s attorney)(db) (Entered: 01/30/2004)
14 ORDER granting [9] Motion to Intervene & granting [11] Motion to Intervene. Signed by Judge Joel B. Rosen on 2/8/04. (js) (Entered: 02/09/2004)
15 THIRD PARTY COMPLAINT against JOHN DOES, FRANK CALDERONI, DENISE MORTON, MORAN FOODS INC. , filed by DAVID BECK.(db) (Entered: 02/26/2004)
16 THIRD PARTY COMPLAINT against FRANK CALDERONI, JOHN DOES, MORAN FOODS INC., DENISE MORTON , filed by DAVID MIZEREK.(db) (Entered: 03/02/2004)
17 ANSWER to Third Party Complaint of DAVID BECK by FRANK CALDERONI. (Cert of Svc)(ar1, ) (Entered: 04/02/2004)
18 ANSWER to Third Party Complaint of DAVID BECK by DENISE MORTON.(ar1, ) (Entered: 04/02/2004)
19 ANSWER to Third Party Complaint of DAVID BECK by MORAN FOODS INC..(ar1, ) (Entered: 04/02/2004)
20 ANSWER to Third Party Complaint of DAVID MIZEREK by MORAN FOODS INC. (ar1, ) (Entered: 04/02/2004)
21 ANSWER to Third Party Complaint of DAVID MIZEREK by FRANK CALDERONI.(ar1, ) (Entered: 04/02/2004)
22 ANSWER to Third Party Complaint of DAVID MIZEREK by DENISE MORTON.(ar1, ) (Entered: 04/02/2004)
Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 5/3/2004. (bb, ) (Entered: 05/04/2004)
23 SCHEDULING ORDER: Settlement Conference set for 9/27/2004 at 9:30 AM before Magistrate Judge Joel B. Rosen. Discovery due by 9/30/2004. Signed by Judge Joel B. Rosen on 5/4/04. (ar1, ) (Entered: 05/05/2004)
Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 9/27/2004. (bb, ) (Entered: 09/28/2004)
24 SCHEDULING ORDER: Status Conference set for 1/10/2005 at 12:00 Noon before Magistrate Judge Joel B. Rosen. Discovery due by 1/31/2005. Signed by Judge Joel B. Rosen on 9/28/04. (ar1, ) (Entered: 09/29/2004)
25 SCHEDULING ORDER: Status Conference set for 1/10/2005 at 12:00 Noon before Magistrate Judge Joel B. Rosen. Discovery due by 1/31/2005. Signed by Judge Joel B. Rosen on 9/28/04. (ar1, ) (Entered: 09/29/2004)

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?101960735105744-L_353_0-1

5/23/2007

CM/ECF LIVE - U.S. District Court for the District of New Jersey - Docket Report

Page 5 of 5

01/10/2005 01/10/2005 03/10/2005 03/24/2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 1/10/2005. (sa, ) (Entered: 01/10/2005)
26 ORDER DISMISSING CASE without prejudice and without costs. Signed by Judge Freda L. Wolfson on 1/10/05. (ar1, ) (Entered: 01/11/2005)
27 ORDER granting the extension of time until March 30, 2005, in which to consummate settlement. Signed by Judge Freda L. Wolfson on 3/10/05. (ar1, ) (Entered: 03/11/2005)
28 CONSENT DECREE ORDER. Signed by Judge Freda L. Wolfson on 3/24/05. (ar1, ) (Entered: 03/24/2005)

PACER Service Center
Transaction Receipt

PACER Login:

hs0328

Description:

Docket Report

Billable Pages:

3

05/23/2007 17:39:26

Client Code:

eeoc

Search Criteria:

1:03-cv-04617-FLW-JBR Start date: 1/1/1970 End date: 5/23/2007

Cost:

0.24

https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?101960735105744-L_353_0-1

5/23/2007