THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ADESA New York, Inc.

)

(d/b/a ADESA Buffalo),

)

)

Defendant.

)

__________________________________________)

ECF
CIVIL ACTION NO. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to Susan Metz, Sharon Noble, Terry Janicz and Cheryl McConnell (collectively referred to as Claimants unless otherwise indicated). As alleged with greater specificity below, the Equal Employment Opportunity Commission alleges that Defendant ADESA New York, Inc. (d/b/a ADESA Buffalo) discriminated against the Claimants because of their ages. In February 2003, Defendant terminated the Claimants from their employment because of their ages, over 40.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the “ADEA”), which incorporates by reference Section 16(c) of the Fair Labor Standards Act of 1938 (the

“FLSA”), as amended, 29 U.S.C. § 216(c). 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the Western District of New York. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.
4. At all relevant times, Defendant has continuously been doing business in the State of New York and Erie County, and has continuously had at least 20 employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least February 2003, Defendant has engaged in unlawful employment practices in violation of the ADEA, 29 U.S.C. § 623, when it laid off Claimants Metz, Noble, Janicz and McConnell from their employment because of their ages, 49, 53, 55, and 57,
2

respectively. Defendant denied the Claimants the opportunity for re-employment or transfer to new positions which it provided to employees under age 40 who were affected by Defendant’s restructuring at the same time.
8. The effect of the practices complained of in paragraph 7 has been to deprive the Claimants equal employment opportunities and otherwise adversely affect their status as employees.
9. The unlawful employment practices complained of in paragraph 7 above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, their officers, successors, assigns and all persons in active concert or participation with them, from discriminating against employees age 40 and over, on the basis of age and/or engaging in protected activity under the ADEA, and from any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, or prejudgment interest in lieu thereof, to the Claimants as a result of the acts complained of above. D. Order Defendant to make whole all individuals adversely affected by the unlawful
3

practices described above, by providing the affirmative relief necessary to eradicate the effects of

their unlawful practices, including but not limited to the reinstatement of the Claimants.

E. Grant such further relief as the Court deems necessary and proper in the public

interest.

F. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

Dated: New York, New York September 29, 2005 Respectf

ully submitted,

Deputy

James L. Lee General Counsel

Gwendolyn Associate

Young Reams General Counsel

EQUAL Washington,

EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W.
D.C. 20507

_____________ Acting

s/______________ Elizabeth Grossman
Regional Attorney

_____________ Supervisory

s/______________ Lisa Sirkin
Trial Attorney

_____________

s/______________ Stella N. Yamada Trial Attorney

New 33 New Phone:

York District Office Whitehall Street, 5th Floor
York, New York 10004 212-336-3689
Fax: 212-336-3623
4

 
 THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ADESA NEW YORK, LLC,

)

)

Defendant.

)

__________________________________________)

CIVIL ACTION NO. 05-CV-00692-JTE
UAMENDED COMPLAINT
JURY TRIAL DEMAND

UNATURE OF THE ACTIONU This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to Susan Metz, Sharon Noble, Terry Janicz and Cheryl McConnell (collectively referred to as Claimants unless otherwise indicated). As alleged with greater specificity below, the Equal Employment Opportunity Commission alleges that Defendant ADESA New York, LLC discriminated against the Claimants because of their ages. In February 2003, Defendant terminated the Claimants from their employment because of their ages, over 40.
UJURISDICTION AND VENUEU 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the “ADEA”), which incorporates by reference Section 16(c) of the Fair Labor Standards Act of 1938 (the “FLSA”), as amended, 29 U.S.C. § 216(c).

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of New York.
UPARTIESU 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant has continuously been doing business in the State of New York and Erie County, and has continuously had at least 20 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
UCONCILIATIONU 6. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
USTATEMENT OF CLAIMSU 7. Since at least February 2003, Defendant has engaged in unlawful employment practices in violation of the ADEA, 29 U.S.C. § 623, when it laid off Claimants Metz, Noble, Janicz and McConnell from their employment because of their ages, 49, 53, 55, and 57, respectively. Defendant denied the Claimants the opportunity for re-employment or transfer to
2

new positions which it provided to employees under age 40 who were affected by Defendant’s restructuring at the same time.
8. The effect of the practices complained of in paragraph 7 has been to deprive the Claimants equal employment opportunities and otherwise adversely affect their status as employees.
9. The unlawful employment practices complained of in paragraph 7 above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
UPRAYER FOR RELIEFU Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, their officers, successors, assigns and all persons in active concert or participation with them, from discriminating against employees age 40 and over, on the basis of age and/or engaging in protected activity under the ADEA, and from any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, or prejudgment interest in lieu thereof, to the Claimants as a result of the acts complained of above. D. Order Defendant to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of
3

their unlawful practices, including but not limited to the reinstatement of the Claimants.

E. Grant such further relief as the Court deems necessary and proper in the public

interest.

F. Award the Commission its costs of this action.

UJURY TRIAL DEMANDU

The Commission requests a jury trial on all questions of fact raised by its Complaint.

Respectfully

submitted,

Deputy

James L. Lee General Counsel

Gwendolyn Associate EQUAL
Washington,

Young Reams General Counsel EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W.
D.C. 20507

EQUAL
New
New (212)

Us/Elizabeth Grossman

Elizabeth Grossman

Regional Attorney

EMPLOYMENT OPPORTUNITY

COMMISSION

York District Office

33

Whitehall

Street,

5th

P

P

Floor

York, New York 10004

336-3696 (phone)

(212) 336-3623 (facsimile)

EQUAL
John Roo Boston, (617)

Us/Maria SalacuseU Maria Salacuse Senior Trial Attorney
EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office
F. Kennedy Federal Building, m 475
MA 02203-0506 565-4804 (phone) (617) 565-3196 (facsimile)
4

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ADESA NEW YORK, LLC,

)

)

Defendant.

)

)

CONSENT DECREE This action was instituted by Plaintiff, the U. S. Equal Employment Opportunity Commission (the "EEOC" or the "Commission"), against Defendant ADESA New York, LLC ("Defendant"), alleging that Defendant violated the Age Dj~crimination in Employment Act of 1967, as amended ("the ADEA"), 29 U.s.c. § 623, by discharging Susan Metz, Sharon Noble, Ten"y Janicz and Cheryl McConnell because of their age. Defendant denies all allegations made by the Plaintiff in this proceeding. The parties agree that it is in their mutual interest to fully resolve the matter without further litigation. The Court has examined this Decree and finds that it is reasonable and just and in accordance with the Federal Rules of Civil Procedure and the ADEA. Therefore, upon due consideration ofthe record herein and being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED:

-,;-
ofTI

Scope ofDecree
I. This Decree resolves all issues and claims in the Complaint filed by the Commission in this ADEA action which emanated from the Charges of Discrimination filed by Sharon Noble and Susan Metz. The Commission will not pursue further litigation on any and all issues that were raised in the above referenced Charges and Complaint.
2. This Decree shall be in effeet for period of three (3) years ITom the date it is entered by the Court. During that time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be necessary to effectuate the purposes of the Decree.
3. This Decree, being entered with the consent of the EEOC and Defendant, shall not constitute an adjudication or finding on the merits of the case.
4. By entering into this Decree, ADESA docs not admit, nor has this Court made any determination with respect to the:-.e claims, that there has been any violation of the ADJ::A or any other statute, regulations or ordinance promulgated by any federal, state or local agency dealing with discrimination by ADESA. Nothing contained in this Decree shall be construed as an admission of liability on the part of ADESA.
Relief 5. Within ten business days of entry of this Decree, Defendant shall pay a total amount of$200,000 as monetary reliefas allocated in Exhibit A which shall be filed under seaL 6. Within ten business days of entry of this Decree, Defendant shall modifY any and all personnel forms and documents in the personnel files of Ms. Noble, Ms. Metz,
2

Ms. McConnell, and Iv1r. Janicz to eliminate any reference to the fact that Defendant had any concerns about their performance at the time of their termination or at the time of thc Reduction In Foree. Tn addition. Defendant shall not inform any prospective employer either directly or indirectly that Defendant had any concerns regarding their performance.
7. Defendant agrees that consistent with its regular practice, any future requests received by Defendant for an employment reference for Ms. Noble, Ms. Metz, Ms. McConnell and/or Mr. Janicz will be responded to by providing only the following information: verification of dates of employment, position held and salary, and shall not include comments on their pcrfimnance.
Injunctive Relief 8. Defendant, its officers, agents, servants, employees, successors, assigns, and all persons acting or claiming to act on their behalf arc hercby enjoined from discriminating against employees on the basis of age. Such discrimination violates the ADEA, which in part, is set forth below:
(a)(1) It shall be unlawful for an employerto fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, privileges of employment, because of such individual's age; 29 U.S.c. § 623(a)(I). 9. Defendant shall comply with the Older Workers Benefit Protection Act of 1990 ("OWBPA"), Pub.L.101-433, Title II, Oct.16. 1990, 104, Stat. 983 and other amendments, regarding the issuance of any future Severance Agreements.
3

10. Within 60 days from the date of entry of the Decree, all Defendant employees shall be required to attend a training program that may occur at different sites, dates and locations, lasting at Icast two hours for managers and at least one hour for nonmanagerial employees. The training shall cover the prevention of employment discrimination and compliance with federal anti-discrimination Jaws, with a particular emphasis on the prohibition against age discrimination, and shall be conducted by an outside consultant or law finn approved by the EEOC. For the duration of the Decree, Defendant shall provide this same andlor substantially similar training including updates to relevant law, on a yearly basis, to all newly hired officers, managers, supervisors, and employees of the ADESA Buffalo facility. Within ten business days of providing each such training session, Defendant will furnish EEOC with a signed attendance list, the date and duration of the training, an outline of the training conducted, and a certification of completion ofthc mandatory training in a format provided by the EEOC.
11. Within 30 days of entry of this Decree, Defendant shall distribute the Equal Employment Opportunit) policy as approved by EEOC and shall incorporate said policy into Defendant's Employee Handbook.
,,,ill 12. Upon approval ofthis Decree, Defendant post immediately in all places
where notices are customarily posted for the employees the Notice attached hereto as Exhibit B and made a part hereof. Said Notice shall be posted and maintained for the duration of the Decree and shall be signed by a responsible official of Defendant with the date ofactual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant will ensure that new readable copies ofthe Notice are posted in the same manner as heretofore specified. Within 30 days of approval of this
4

Decree, Defendant shall forward to the EEOC's attorney of record a copy of the signed Notice attached hereto and written certification that the Notice referenced herein has been posted and a statement ofthe localion(s) and date ofposting.
Reporting & Monitoring 13. Every 90 days following the entry of this Consent Decree, and continuing throughout the life ofthe Decree, Defendant will report in writing to the Commission's counsel of record concerning the implementation ofthis Decree. The report will include the following information: Copies of any formal or informal complaints ofage discrimination made by any employee, including but not limited to internal complaints, administrative charges, and lawsuits, and for every complaint, whether oral or written, the name ofthe complainant, and a detailed explanation of Defendant's actions taken in response to the complaint, including any investigative and corrective measures taken. 14. The Commission may monitor compliance during the duration of this Decree by inspection of Defendant's premises and records, and by interviewing its employees. Upon five business days notice, Detendant will make available any facility for inspection and make available for inspection and copying any records or witnesses. 15. The Commission and Defendant shall bear their ov-m costs and attorneys' fees. 16. The undersigned counsel of record in the above-captioned action hereby consent to the entry ofthe foregoing Consent Decree.
5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By its attorneys,

ADESA NEW YORK, LLC By its attorneys,

iona1 Attorney
~~~-/:;;£j=S:--.-~ . amad Trial Attorney
N York Dist ct Office '---13 Whitehall Street, jth Floor
New York, NY 10004 (212) 336-3689 (phone) (212) 336-3623 (facsimile)
steIJa.yamada@eeoc.gov

Nixon Peabody, LLP Key Towers at Fountain Plaza
40 FOlUltain Plaza, Suite 500 Buffalo, NY 14202 (716) 853-8100 (phone)
(716) 853-81 0Cj (facsimile)
mmol1oy@ni~npeabody .com

SO ORDERED.
J(
7 Signed and entered this (j day of_-+,'-I-1""1_ _' 2007.

United States District Court Judge
"

6

EXHIBITB
NOTICE TO ALL EMPLOYEES OF ADESA NEW YORK, LLC
This notice is posted pursuant to a consent decree entered into between ADESA New York LLC ("ADESA") and the United States Equal Employment Opportunity Commission ("EEOC"), in resolution of ease No. 05~CV-00692 filed by EEOC in the United States District Court for the Western District of New York. In that lawsuit, EEOC alleged that ADESA discriminated against four employees on the basis of age by terminating their employment.
Federal laws prohibit employers from discriminating against applicants and employees on the basis of age, national origin, religion, race, color, sex, or disability. ADESA agrees that its managers, officers, or agents will not discriminate against any individual on any prohibited basis under federal employment discrimination law, or to retaliate against any employee who engages in protected activity.
Should you have any complaints of discrimination, you may contact the
Equal Employment Opportunity Commission New York District Office
33 Whitehall Street, 5th Floor New York, NY 10004 or
Equal Employment Opportunity Commission Buffalo Field Omce
6 Fouutain Plaza, Suite 350 Buffalo, NY 14202
Nationwide Telephone: (800) 669-4000
THIS IS AN OFFICIAL NOTICE
This is an official notice and must remain posted for three years from the date of posting and may not be altered, defaced or covered by any other material.
Dated: ~~~~~~~~~~~_

 
 CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?775584848745357-L_...

CASREF, CLOSED, CLOSED_2007, MEDIATION
U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo) CIVIL DOCKET FOR CASE #: 1:05-cv-00692-WMS-HBS

Equal Employment Opportunity Commission v. ADESA New York, Inc. Assigned to: Hon. William M. Skretny Referred to: Hon. Hugh B. Scott Cause: 28:451 Employment Discrimination

Date Filed: 09/30/2005 Date Terminated: 05/31/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Grossman U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004-2112 (212) 336-3696 Fax: (212) 336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maria Salacuse Equal Employment Opportunity Commission J.F.K. Federal Building Room 475 Boston, MA 02203-0506 617-565-4804 Fax: 617-565-3196 Email: maria.salacuse@eeoc.gov TERMINATED: 07/28/2006 LEAD ATTORNEY

Stella N. Yamada Equal Employment Opportunity Commission 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3689 Fax: 212-336-3623 Email: stella.yamada@eeoc.gov LEAD ATTORNEY

1 of 6

8/15/2007 1:36 PM

CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?775584848745357-L_...

V.
Defendant
ADESA New York, Inc. doing business as ADESA Buffalo

ATTORNEY TO BE NOTICED
Lisa Sirkin U.S. Equal Employment Opportunity Commission New York District Office 33 Whitehall Street 5th Floor New York, NY 10004-2112 (917) 589-2415 ATTORNEY TO BE NOTICED
represented by Mark Andrew Molloy Nixon Peabody LLP 40 Fountain Plaza Suite 500 Buffalo, NY 14202 716-853-8100 Fax: 716-283-1380 Email: mmolloy@nixonpeabody.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2005 09/30/2005 12/02/2005 12/05/2005 12/08/2005

#

Docket Text

1 COMPLAINT against ADESA New York, Inc. , filed by Equal Employment Opportunity Commission.(JDK, ) (Entered: 09/30/2005)
Summons Issued as to ADESA New York, Inc.. (JDK, ) (Entered: 09/30/2005)
2 ANSWER to Complaint with Jury Demand by ADESA New York, Inc..(Molloy, Mark) (Entered: 12/02/2005)
3 NOTICE of Appearance by Maria Salacuse on behalf of Equal Employment Opportunity Commission (Salacuse, Maria) (Entered: 12/05/2005)
Set/Reset Hearings: Rule 16(b) Scheduling Conference set for 12/29/2005 03:15 PM before Hon. John T. Elfvin. The Court directs trial counsel to appear for rule 16 (b) conference. (It is strongly encouraged that the conference can be done by telephone (716) 551-4226; however, this must be pre-arranged by 12/22/05, in writing, with all parties agreeing as to who will initiate the conference call.) NOTICE: Failure to appear in person -- or by telephone, if pre-arranged -- may result in a dismissal of the lawsuit or an entry of default. (JBS, ) (Entered: 12/08/2005)

2 of 6

8/15/2007 1:36 PM

CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?775584848745357-L_...

12/08/2005 12/19/2005 12/22/2005 12/22/2005 12/22/2005 12/29/2005
01/23/2006 01/30/2006 01/30/2006 02/27/2006
03/07/2006 03/08/2006

Remark : Notice of Rule 16(b) Conference mailed to Lisa Sirkin and Stella N. Yamada. (JBS, ) (Entered: 12/08/2005)

4 Consent MOTION to Amend/Correct 1 Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Amended Complaint# 2 Text of Proposed Order)(Salacuse, Maria) (Entered: 12/19/2005)

5 ORDER granting 4 Motion to Amend or Correct the Complaint. Signed by Judge John T. Elfvin on 12/20/05. (RAZ) The Rule 16 conference now scheduled for 12/29/05 at 3:15 p.m. is cancelled due to the anticipated filing of the Amended Complaint. (Entered: 12/22/2005)

Reset Hearings: Rule 16 Conference set for 12/29/2005 at 3:15 PM before Hon. John T. Elfvin. CONFERENCE CANCELLED IN ERROR in docket entry 5. (RAZ) (Entered: 12/22/2005)

6 AMENDED COMPLAINT (only correcting proper name of Defendant) against ADESA New York, Inc., filed by Equal Employment Opportunity Commission.(Salacuse, Maria) (Entered: 12/22/2005)

Minute Entry for proceedings held before Judge John T. Elfvin : Rule 16(b) Scheduling Conference scheduled to be held on 12/29/2005. Court was advised by counsel that this case was to be consolidated with a case assigned to Judge Skretny involving two of the named plaintiffs in this case. Court will transfer this case to Judge Skretny. Appearances via telephone: Maria Salacuse and Mark A. Molloy. (JBS, ) (Entered: 01/05/2006)

7 ORDER REASSIGNING CASE. Case reassigned to Judge William M. Skretny for all further proceedings. Judge John T. Elfvin no longer assigned to case. Signed by Hon. John T. Elfvin on 1/17/06. (RAZ) (Entered: 01/23/2006)

8 NON-DISPOSITIVE REFERRAL ORDER REFERRING CASE to Magistrate Judge H. Kenneth Schroeder, Jr. Signed by Hon. William M. Skretny on 1/27/2006. (Dzielski, J.) (Entered: 01/30/2006)

9 ORDER OF PRELIMINARY PRETRIAL CONFERENCE: Preliminary Pretrial Conferenceset for 3/13/2006 10:00 AM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 1/30/06. (Attachments: # 1 # 2 # 3)(LMG) (Entered: 01/30/2006)

10 TEXT ORDER: The Preliminary Pretrial Conference scheduled to be held with the Hon. H. Kenneth Schroeder, Jr. on 3/13/2006 at 10:00 a.m. is hereby adjourned pending resolution of the motion to consolidate filed in 05-CV-0896S. Issued by Hon. H. Kenneth Schroeder Jr. on 2/27/06. (LMG) (Entered: 02/27/2006)

11 NON-DISPOSITIVE REFERRAL ORDER amending prior Referral Order of 1/30/2006. This case is now referred to Magistrate Judge Hugh B. Scott. Signed by Hon. William M. Skretny on 3/6/2006. (Dzielski, J.) (Entered: 03/07/2006)

12

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT

ORDER

3 of 6

8/15/2007 1:36 PM

CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?775584848745357-L_...

03/30/2006
04/12/2006 08/03/2006 08/28/2006 09/20/2006 09/27/2006
4 of 6

Parties invited to brief motion to consolidate cases in Noble v. Adesa, Inc., et al., Case No. 05CV896. Responses due by 3/31/2006; Replies due by 4/13/2006. Oral Argument set for Tues., 4/25/2006, 10:30 AM, before Hon. Hugh B. Scott.

Scheduling Conference in this action held in abeyance pending disposition of motion to consolidate cases.

So Ordered. Signed by Hon. Hugh B. Scott on 3/8/2006. (DRH) (Entered: 03/08/2006)

13

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT

ORDER re 12 Order, Set Deadlines/Hearings

Pursuant to the Order issued in Noble v. Adesa, Inc., No. 05CV896, Docket No. 12 and attached hereto, Responses to Motion to consolidate (Docket No. 9) in that action due by 4/14/2006; Replies due by 4/28/2006. Oral Argument set for Tues., 5/2/2006, 10:30 AM, before Hon. Hugh B. Scott. Parties invited to brief responses to that motion and appear at argument. So Ordered. Signed by Hon. Hugh B. Scott on 3/30/2006. (DRH) (Entered: 03/30/2006)

14 MEMORANDUM IN SUPPORT re 13 Terminate Deadlines and Hearings,,, Order,,, Set Deadlines/Hearings,,, 12 Order,,, Set Deadlines/Hearings,, Response in Support of Plaintiffs Noble & Metz' Motion to Consolidate Actions byEqual Employment Opportunity Commission. (Salacuse, Maria) (Entered: 04/12/2006)

15 MEMORANDUM/BRIEF Response In Support of Plaintiffs Noble & Metz' Opposition to Defendants' Objection to Report and Recommendation, Case No. 05-CV-896 by Equal Employment Opportunity Commission. (Yamada, Stella) (Entered: 08/03/2006)

16

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT

ORDER

Scheduling Conference set for Wed., 9/27/2006, 2:00 PM, before Hon. Hugh B. Scott. So Ordered. Signed by Hon. Hugh B. Scott on 8/28/2006. (DRH) (Entered: 08/28/2006)

17 Proposed Pretrial Order (Proposed Discovery Plan) by ADESA New York, Inc.. (Molloy, Mark) (Entered: 09/20/2006)

18

HONORABLE HUGH B. SCOTT

TEXT OF MINUTE ENTRY

For proceedings held before Magistrate Judge Hugh B. Scott:

Stella Yamada, Esq., for plaintiff; Mark Molloy, Esq., for defendant.

Scheduling Conference held on 9/27/2006. Parties express interest in ADR. Scheduling Order to be entered as well as order referring to ADR. (DRH) (Entered: 09/27/2006)

8/15/2007 1:36 PM

CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?775584848745357-L_...

09/28/2006 09/29/2006
11/03/2006 11/07/2006 11/07/2006 11/07/2006 11/08/2006
11/20/2006 11/20/2006 04/13/2007 04/13/2007

19 ORDER REFERRING CASE to Mediation.Signed by the Hon. William M. Skretny on 9/28/2006. (MEAL) (Entered: 09/28/2006)

20

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT

SCHEDULING ORDER:

Join Parties/Amend Pleadings due by 10/27/2006. Stipulation of Selection of Mediator due by 10/16/2006. First Mediation Session due by 11/27/2006. Mediation To End by 3/27/2007.

Plaintiff Expert Witness ID due by 1/8/2007. Defendant Expert Witness ID due by 2/12/2007. Motions to Compel Discovery due by 2/27/2007. Discovery due by 3/27/2007. Motions due by 6/27/2007. Pretrial Statements due by 8/3/2007.

Final Pretrial Conference set for Wed., 8/22/2007, 9:00 AM, before Hon. William M. Skretny. Jury Trial set for Tues., 10/16/2007, 9:30 AM, before Hon. William M. Skretny.

So Ordered. Signed by Hon. Hugh B. Scott on 9/29/2006. (DRH) (Entered: 09/29/2006)
21 ORDER Designating Alice J. Kryzan, Esq. as Mediator in this case.Signed by the Hon. William M. Skretny on 11/2/2006. (MEAL) (Entered: 11/03/2006)
22 Consent MOTION to Select Mediator by ADESA New York, Inc..(Molloy, Mark) (Entered: 11/07/2006)
23 AFFIDAVIT re 22 Consent MOTION to Select Mediator by ADESA New York, Inc.. (Attachments: # 1 Exhibit A)(Molloy, Mark) (Entered: 11/07/2006)
24 Stipulation-Selection of Mediator by ADESA New York, Inc.. (Molloy, Mark) (Entered: 11/07/2006)
25 TEXT ORDER. IT HEREBY IS ORDERED that 22 Defendant's Motion permitting the parties to select a mediator, to which Plaintiff consents, is GRANTED. Ann Evanko will serve as mediator pursuant to the parties' stipulation. SO ORDERED. Issued by the Hon. William M. Skretny on 11/7/2006. (MEAL) (Entered: 11/08/2006)
26 Mediation Certification by Ann E. Evanko(Evanko, Ann) (Entered: 11/20/2006)
27 CERTIFICATE OF SERVICE by Ann E. Evanko re 26 Mediation Certification (Evanko, Ann) (Entered: 11/20/2006)
28 Joint MOTION to Seal Exhibit A of the Consent Decree by EEOC and by ADESA New York, Inc.. (Attachments: # 1 Affirmation of Mark A. Molloy# 2 Declaration of Stella N. Yamada# 3 Exhibit 1 (Proposed Order))(Molloy, Mark) (Entered: 04/13/2007)
29 MEMORANDUM IN SUPPORT re 28 Joint MOTION to Seal Exhibit A of the Consent Decree by EEOC and byADESA New York, Inc.. (Molloy, Mark) (Entered: 04/13/2007)

5 of 6

8/15/2007 1:36 PM

CM/ECF LIVE - U.S. District Court:nywd - Docket Report

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?775584848745357-L_...

05/31/2007
05/31/2007 05/31/2007 05/31/2007 05/31/2007

30 SEALED MOTION by Equal Employment Opportunity Commission, ADESA New York, Inc.. (Attachments: # (1) Exhibit Proposed Order)(JDK, ) (Entered: 06/01/2007)
31 Sealed Document/Joint Memorandum of Law. (JDK, ) (Entered: 06/01/2007)
32 Sealed Document/Order. (JDK, ) (Entered: 06/01/2007)
33 CONSENT DECREE / ORDER . Signed by Hon. William M. Skretny on 5/30/07. (JDK, ) (Entered: 06/01/2007)
34 Sealed Document/Exhibit A. (JDK, ) (Entered: 06/01/2007)

PACER Service Center

Transaction Receipt

08/15/2007 14:35:10

PACER Login:

hs0328

Client Code:

eeoc

Description:

Docket Report

Search Criteria:

1:05-cv-00692-WMS-HBS

Billable

4

Pages:

Cost:

0.32

6 of 6

8/15/2007 1:36 PM