Case: EEOC v. ORIGINAL HOT DOG SHOP, INC.

2:06-cv-01243 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 19, 2006

Closed Date: 2011

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Case Summary

In September 2006, the EEOC district office in Philadelphia, Pennsylvania brought this action against Original Hot Dog Shops, Inc., doing business as the Original Hot Dog Shop and Food Gallery Original, Inc. in the U.S. District Court for the Western District of Pennsylvania. The complaint states that four Black male former employees alleged that the defendants violated Title VII of the Civil Rights Act of 1964 when they unlawfully discharged the complainants because of their race. After a de…

In the consent decree, the parties agreed that the defendant would pay the aggrieved parties a total of $7,500, post an EEOC notice, make semiannual complaint reports to the EEOC, refrain from retaliating and discriminating on the basis of race, comply with Title VII, not divulge any information concerning this litigation, and provide EEO training to all its supervisors and managers. No fees or costs were awarded. The terms of the decree ran for four years. The docket sheet does not show any further enforcement; the case was presumably closed in 2011.

Summary Authors

Joel Pettit (7/23/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4812361/parties/equal-employment-opportunity-commission-v-original-hot-dog-shops-inc/

Judge(s)

Conti, Joy Flowers (Pennsylvania)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

Cooper, Ronald S. (District of Columbia)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

Judge(s)

Conti, Joy Flowers (Pennsylvania)

Attorney for Plaintiff

Clickner, M. Jean (Pennsylvania)

Cooper, Ronald S. (District of Columbia)

Lee, James L. (District of Columbia)

McNair, Jacqueline H. (Pennsylvania)

O'Boyle, Judith A. (Pennsylvania)

Reams, Gwendolyn Young (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:06-cv-01243	Docket EEOC v. Original Hot Dog Shops, Inc. et al	April 27, 2007	April 27, 2007 Docket
1781-11 2:06-cv-01243	Complaint EEOC v. Original Hot Dog Shops, Inc. et al	Sept. 19, 2006	Sept. 19, 2006 Complaint
2 2:06-cv-01243	First Amended Complaint EEOC v. Original Hot Dog Shops, Inc. et al	Sept. 19, 2006	Sept. 19, 2006 Complaint
13 2:06-cv-01243	Report and Reccomendation EEOC v. Original Hot Dog Shops, Inc. et al	Dec. 19, 2006	Dec. 19, 2006 Order/Opinion
18 2:06-cv-01243	Order EEOC v. Original Hot Dog Shops, Inc. et al	Jan. 31, 2007	Jan. 31, 2007 Order/Opinion 2007 WL 316389
32-1 2:06-cv-01243	Consent Decree EEOC v. Original Hot Dog Shops, Inc. et al	April 19, 2007	April 19, 2007 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4812361/equal-employment-opportunity-commission-v-original-hot-dog-shops-inc/

Last updated April 5, 2025, 10:16 a.m.

ECF Number	Date	Description	Link
2	Sept. 19, 2006	First AMENDED COMPLAINT against all defendants, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(Clickner, M.) (Entered: 09/19/2006)	Clearinghouse
	Sept. 19, 2006	Summons Issued as to ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (jv) (Entered: 09/19/2006)	PACER
3	Sept. 25, 2006	ORDER REFERRING CASE to Magistrate Judge Robert C. Mitchell. Signed by Judge Joy Flowers Conti on 9/22/06. (smc ) (Entered: 09/25/2006)	PACER
4	Oct. 13, 2006	NOTICE of Appearance by Stephen J. Laidhold on behalf of ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC. (Laidhold, Stephen) (Entered: 10/13/2006)	PACER
5	Oct. 13, 2006	MOTION to Dismiss Amended Complaint by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Attachments: # 1 Affidavit of Bruce Simon in support of Motion to Dismiss Plaintiff's Amended Complaint)(Laidhold, Stephen) Modified title text and text to describe attachment on 10/16/2006 (jsp). Modified on 10/16/2006 (jsp, ). (Entered: 10/13/2006)	PACER
6	Oct. 13, 2006	BRIEF in Support re 5 MOTION to Dismiss Amended Complaint filed by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Laidhold, Stephen) (Entered: 10/13/2006)	PACER
7	Oct. 16, 2006	ORDER Response/Briefing Schedule re 5 Motion to Dismiss. Plaintiff's Response to the Motion to Dismiss is due by 11/6/2006. Signed by Magistrate Judge Robert C. Mitchell on 10/16/2006. (mlb) (Entered: 10/16/2006)	PACER
	Oct. 16, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 5 MOTION to Dismiss ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1 CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE.. ERROR: Attachments not described correctly or no description was provided. CORRECTION: Attachment description corrected. THE DOCUMENT DOES NOT NEED TO BE RE-FILED. This message is for informational purposes only. Disclosure Statement due by 10/25/2006. (jsp, ) (Entered: 10/16/2006)	PACER
8	Oct. 17, 2006	Disclosure Statement identifying None as Corporate Parent, by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Laidhold, Stephen) Modified text on 10/18/2006 (jsp). (Entered: 10/17/2006)	PACER
9	Oct. 27, 2006	SUMMONS/Return of Service Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. ORIGINAL HOT DOG SHOPS, INC. served on 9/29/2006, answer due 10/19/2006. (Clickner, M.) (Entered: 10/27/2006)	PACER
	Oct. 30, 2006	Update Answer Deadline: Answer due from FOOD GALLERY ORIGINAL, INC. on 10/19/2006 (jv) (Entered: 10/30/2006)	PACER
	Oct. 30, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 10 Summons/Returned Returned Executed ERROR: Docket entry date for service did not match actual document which made the Answer deadline incorrect CORRECTION: Corrected Docket entry and updated Answer deadline for FOOD GALLARY ORIGINAL INC. This message is for informational purposes only. (jv) (Entered: 10/30/2006)	PACER
11	Nov. 6, 2006	RESPONSE to Motion re 5 MOTION to Dismiss filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Certificate of Service # 2 Appendix # 3 Certificate of Service)(Clickner, M.)Document Removed from Public View and redocked at 12 Memorandum in Opposition. Modified on 11/8/2006 (jv). (Entered: 11/06/2006)	PACER
12	Nov. 8, 2006	MEMORANDUM by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION in Opposition to 5 MOTION to Dismiss. filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Certificate to Memorandum in Opposition to Defendant's Motion to Dismiss # 2 Appendix to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss # 3 Certificate of Service to Appendix). (jv) (Entered: 11/08/2006)	PACER
	Nov. 8, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: re 11 Response to Motion Wrong event selected. CORRECTION: Re-docketed as 12 Memorandum In Opposition to Defendant's 5 Motion to Dismiss. This message is for informational purposes only. Please Note that Certificate of Service's are to made part of the Main Document. Thank You. (jv) (Entered: 11/08/2006)	PACER
13	Dec. 19, 2006	REPORT AND RECOMMENDATION: recommending that 5 Motion to Dismiss Amended Complaint filed by ORIGINAL HOT DOG SHOPS, INC. and FOOD GALLERY ORIGINAL, INC. be denied. Objections to R&R due by 1/5/2007. Signed by Magistrate Judge Robert C. Mitchell on 12/19/2006. (mlb)	Clearinghouse
14	Dec. 22, 2006	OBJECTIONS to Magistrate Mitchell's Report and Recommendations by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Laidhold, Stephen) (Entered: 12/22/2006)	PACER
	Dec. 27, 2006	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 14 Objections To ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jv) (Entered: 12/27/2006)	PACER
15	Jan. 3, 2007	OBJECTIONS to Magistrate Mitchell's 13 Report and Recommendations, by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Attachments: # 1 Proposed Order)(Laidhold, Stephen) (Entered: 01/03/2007)	PACER
17	Jan. 31, 2007	First MOTION for Discovery to Commence Discovery by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1)(Clickner, M.) (Entered: 01/31/2007)	PACER
18	Jan. 31, 2007	ORDER denying 5 Motion to Dismiss, adopting Report and Recommendations re 13 Report and Recommendations. The defendants' motion to dismiss the amended complaint (Document No. 5 ) is denied without prejudice to defendants' right to raise the issues implicating the requisite elements to be established for plaintiff's Title VII claim based upon a fully developed record. Signed by Judge Joy Flowers Conti on 1/31/07. (smc )	Clearinghouse
19	Feb. 1, 2007	NOTICE of Hearing: Initial Status Conference set for 3/13/2007 at 9:30 AM before Robert C. Mitchell. (mlb) (Entered: 02/01/2007)	PACER
	Feb. 1, 2007	Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or notice on the matter. ORDER denying 17 Motion for Discovery. Signed by Magistrate Judge Robert C. Mitchell on 2/1/2007. (mlb) (Entered: 02/01/2007)	PACER
20	Feb. 6, 2007	DEFENDANTS' ANSWER to Amended Complaint AND AFFIRMATIVE DEFENSES by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC..(Laidhold, Stephen) (Entered: 02/06/2007)	PACER
21	Feb. 7, 2007	THIRD PARTY COMPLAINT against CARNEGIE-MELLON UNIVERSITY, PARKHURST CORPORATION, filed by ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Laidhold, Stephen) (Entered: 02/07/2007)	PACER
	Feb. 8, 2007	Summons Issued as to CARNEGIE-MELLON UNIVERSITY, Parkhurst Corporation. (ept) (Entered: 02/08/2007)	PACER
22	Feb. 9, 2007	REPORT of Rule 26(f) Planning Meeting. (Clickner, M.) (Entered: 02/09/2007)	PACER
23	Feb. 21, 2007	PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by ORIGINAL HOT DOG SHOPS, INC., ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC., FOOD GALLERY ORIGINAL, INC..(Laidhold, Stephen) (Entered: 02/21/2007)	PACER
24	Feb. 27, 2007	SUMMONS/Return of Service Returned Executed by ORIGINAL HOT DOG SHOPS, INC., ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC., FOOD GALLERY ORIGINAL, INC.. CARNEGIE-MELLON UNIVERSITY served on 2/21/2007, answer due 3/13/2007; PARKHURST CORPORATION served on 2/16/2007, answer due 3/8/2007. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Laidhold, Stephen) (Entered: 02/27/2007)	PACER
25	March 7, 2007	NOTICE of Voluntary Dismissal by ORIGINAL HOT DOG SHOPS, INC., ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC., FOOD GALLERY ORIGINAL, INC. (Laidhold, Stephen) (Entered: 03/07/2007)	PACER
27	March 8, 2007	Notice Opting Out of Arbitration by PARKHURST CORPORATION.(Rogers, William) (Entered: 03/08/2007)	PACER
28	March 8, 2007	MOTION to Dismiss re 21 Third Party Complaint by PARKHURST CORPORATION. (Attachments: # 1 Proposed Order)(Rogers, William) (Entered: 03/08/2007)	PACER
29	March 8, 2007	BRIEF in Support re 28 MOTION to Dismiss re 21 Third Party Complaint filed by PARKHURST CORPORATION. (Rogers, William) (Entered: 03/08/2007)	PACER
30	March 13, 2007	Minute Entry for proceedings held before Magistrate Judge Robert C. Mitchell: Status Conference held on 3/13/2007. Discovery due by 7/15/2007. Defendants' Response to Third-Party Defendant's Motion to Dismiss 28 due by 3/31/2007. Reply to Response due by 4/10/2007. Status Conference set for 5/15/2007 09:30 AM before Magistrate Judge Robert C. Mitchell. (Court Reporter none.) (spc) (Entered: 03/13/2007)	PACER
31	March 22, 2007	NOTICE OF CONSENT by Third Party Plaintiff, ORIGINAL HOT DOG SHOPS, INC., FOOD GALLERY ORIGINAL, INC. of The GRANTING of Third Party Defendant's (PARKHUST CORPORATION) 28 MOTION to Dismiss re 21 Third Party Complaint (jv) (Entered: 03/22/2007)	PACER
	April 9, 2007	Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's ORDER or notice on the matter. Order granting unopposed 28 Motion to Dismiss 21 Third-Party Complaint. Signed by Magistrate Judge Robert C. Mitchell on 4/9/2007. (mlb) (Entered: 04/09/2007)	PACER
32	April 19, 2007	CONSENT DECREE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5)(Clickner, M.), Corrected Attachments by describing them. Modified on 4/23/2007 (jv). (Entered: 04/19/2007)	PACER
	April 23, 2007	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 32 Consent Decree. ERROR: Attachments not described. CORRECTION: Attachment description applied. This message is for informational purposes only. (jv) (Entered: 04/23/2007)	PACER
33	April 27, 2007	Approved Consent Decree. Signed by Judge Joy Flowers Conti on 4/24/07. (smc ) (Entered: 04/27/2007)	PACER

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 19, 2006

Closing Date: 2011

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

Food Gallery Original, Inc.

Original Hot Dog Shops, Inc.

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Western District of Pennsylvania 2:06-cv-01243

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

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:

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 7500

Order Duration: 2007 - 2011

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. ORIGINAL HOT DOG SHOP, INC., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/8038/ (last updated 7/23/2007).