Case: EEOC v. LOCAL 88 AMALGAMATED WORKERS OF AMERICA

1:98-cv-05065 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 5, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

The New York office of the EEOC brought this suit against Local 88 Amalgamated Workers Union and Amalgamated Workers Union Local 88 Welfare Fund in August 1998 in the U.S. District Court for the Eastern District of New York. The nature of the allegations is unclear, except that they arose under the Americans with Disabilities Act. All of the case management in the case appears to have been handled by a magistrate, who referred the case to mediation. After mediation, the parties entered a consent decree. The consent decree was entered in November 1999. We don't have a copy of that decree, but from the docket, we know the defendants agreed to not retaliate against any Local 88 member for exercising his or her rights under the ADA. The defendants were also required to pay $40,000 from the Welfare Fund to the charging party.

Summary Authors

Kevin Wilemon (5/20/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10722076/parties/equal-employment-opp-v-local-88-amalgamated/

Judge(s)

Trager, David G. (New York)

Documents in the Clearinghouse

1:98-cv-05065

Docket [PACER]

Nov. 3, 1999

Nov. 3, 1999

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10722076/equal-employment-opp-v-local-88-amalgamated/

Last updated March 21, 2026, 4:43 a.m.

ECF Number Date Description Link
1 Aug. 5, 1998

COMPLAINT filed and summons(es) issued for Local 88 Amalgamated, Amalgamated Workers (Chin, Felix) (Entered: 08/06/1998)

RECAP
2 Sept. 3, 1998

ORDER scheduling an initial conference for 4:00 on 12/16/98 before Magistrate Robert M. Levy . (signed by Magistrate Robert M. Levy, dated 08.18.98) Galeano, Sonia (Entered: 09/03/1998)

RECAP
3 Sept. 24, 1998

ANSWER to Complaint by Local 88 Amalgamated Workers Union and Amalgamated Workers Union Local 88 Welfare Fund. Galeano, Sonia (Entered: 09/24/1998)

RECAP
4 Dec. 16, 1998

Calendar entry: before Magistrate Judge Levy-Initital Conference held. Fact Discovery to be completed by 03.26.99. Mandatory disclosure by 12.21.98. Next conference scheduled for 04.09.99 at 4:00 w/ expert disclosure. (Must see doc. #4 for more details) Galeano, Sonia (Entered: 12/21/1998)

RECAP
6 Dec. 22, 1998

NOTICE of attorney appearance for Equal Employment Opportunity Commission by David L. Barkey. Galeano, Sonia (Entered: 01/19/1999)

RECAP
5 Jan. 5, 1999

LETTER dated 12/18/98 from David L. Barkey to Magistrate Judge Levy, advising that as a student at Bklyn Law School, he interned for Judge Trager in Spring 1995, and that he has filed Notice of appearance in this matter with the Clerk's office. (Reddy, Lisa) (Entered: 01/05/1999)

RECAP
7 Jan. 19, 1999

LETTER dtd 12.22.98 from Richard M. Greenspan to Magistrate Judge Levy advising the Court that an associate atty in their office, Gary Rothman, Esq. had previously been consulted by the complainant re: matters related to this proceeding. Galeano, Sonia (Entered: 01/19/1999)

RECAP
8 Feb. 2, 1999

ORDER that this matter is respectfully referred to mediation. (signed by Magistrate Robert M. Levy, dated 01.23.99) See letter dtd 01.20.99 from Eric J. LaRuffa to Magistrate Judge Levy. (1) Copy of this Order forwarded to Gerry Lepp. Galeano, Sonia (Entered: 02/02/1999)

RECAP
9 April 12, 1999

ORDER granting the parties' request for a ninety (90) day extension of time from 03.26.99, for fact discovery and identification of experts. (signed by Magistrate-Judge Robert M. Levy, dtd 03.24.99) See letter dtd 03.22.99 from David Barkey to Magistrate Judge Levy. Galeano, Sonia (Entered: 04/12/1999)

RECAP
10 April 12, 1999

ORDER application granted as parties' are in mediation. Conference adjourned to 06.25.99 at 4:00. (signed by Magistrate-Judge Robert M. Levy, dtd 04.07.99) See letter dtd 04.05.99 from David Barkey to Magistrate Judge Levy. Galeano, Sonia (Entered: 04/12/1999)

RECAP
11 June 29, 1999

ORDER as parties have reached settlement, stipulation shall be filed by 07.26.99. (signed by Magistrate-Judge Robert M. Levy, on 06.25.99) See letter dtd 06.18.99 from David Barkey to Magistrate Judge Levy. Galeano, Sonia (Entered: 06/29/1999)

RECAP
July 21, 1999

CASE returned from mediation. E'mail sent on 7/21/99 from Gerald Lepp, ADR Adm., to Judge Trager & Mag. Judge Levy, which read: This case has settled after several mediation sessions. Counsel will forward you a stipulation of discontinuance. (Vaughn, Terry)

12 July 26, 1999

ORDER that this action is discontinued without costs and without prejudice to the right to reopen if settlement is not consummated. (signed by Judge David G. Trager, on 07.22.99) Copies mailed by Chambers. Galeano, Sonia Modified on 07/26/1999 (Entered: 07/26/1999)

RECAP
July 26, 1999

Case closed. M.J. Levy Notified. Galeano, Sonia

13 July 27, 1999

ORDER granting request for a ten (10) day extension of time to submit the final Consent Decree to Judge Trager for his signature and order. (signed by Magistrate Robert M. Levy, on 07.26.99) See letter dtd 07.22.99 from David Barkey to Magistrate Judge Levy. Galeano, Sonia (Entered: 07/27/1999)

RECAP
14 Aug. 4, 1999

LETTER dated 07.27.99 from David Barkley to Judge Trager, informing that the EEOC respectfully requests that Your Honor withdraw the 07.22.99 Order as premature and await submission of the Consent Decree. Galeano, Sonia (Entered: 08/04/1999)

RECAP
15 Nov. 3, 1999

CONSENT DECREE/ORDER that this consent resolves all issues concerning acts of disability discrimination by the Defts as alleged in the Complaint filed by the EEOC in this case. The parties agree that this Consent Decree does not constitute an admission by Defts of any violation of the ADA. Defts agree that they will not retaliate against any Local 88 member for exercising his or her rights under the ADA. Defts agree that within ten (10) days of the execution of this Consent Decree (hereafter "Execution Date"), the Welfare Fund shall pay a total of forty-thousand dollars and zero cents ($40,000.00) to Charging Party (hereafter "Total"), which represents the following lost and future benefits described herein. (signed by Judge David G. Trager, on 11.02.99) Galeano, Sonia (Entered: 11/04/1999)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 5, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Amalgamated Workers Union Local 88 Welfare Fund

Local 88 Amalgamated Workers Union

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Eastern District of New York 1:98-cv-05065

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Retaliation Prohibition

Amount Defendant Pays: 40000

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Recommended Citation