Case: Leykis v. NYP Holdings, Inc.

1:94-cv-04269 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 9, 1994

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On September 9, 1994, a group of former employees of New York Post age 40 or older filed a lawsuit under the Age Discrimination in Employment Act of 1967 (the "ADEA"), and the New York State Human Rights Law Section 297(9) (the "HRL") against defendants New York Post Holding, Inc. ("NYPH"), the New York Post Company and Rupert Murdoch in the U.S. District Court for the Eastern District of New York. The plaintiffs, represented by private counsel, asked the court for back pay, forward pay, punit…

On September 9, 1994, a group of former employees of New York Post age 40 or older filed a lawsuit under the Age Discrimination in Employment Act of 1967 (the "ADEA"), and the New York State Human Rights Law Section 297(9) (the "HRL") against defendants New York Post Holding, Inc. ("NYPH"), the New York Post Company and Rupert Murdoch in the U.S. District Court for the Eastern District of New York. The plaintiffs, represented by private counsel, asked the court for back pay, forward pay, punitive damages, declaratory and injunctive relief claiming that they were discriminated against by their former employer, the corporate entity and individual defendant Rupert Murdoch which owned and operated the "New York Post" newspaper.

Specifically, plaintiffs, who were all over 40, claimed that on or after October 4, 1993 when defendants NYPH and Murdoch acquired the ownership and/or control of the "New York Post," the defendants intentionally designed and implemented a reorganization program whereby the employment of all persons working for the New York Post was terminated, and a disproportionately large number of those employees who were age 40 and over were not rehired.

On January 12, 1995, the parties agreed to dismiss the action against the New York Post Company, such that the remaining defendants were NYPH and Rupert Murdoch. Subsequently, defendant Rupert Murdoch moved to dismiss the case for failure to state a claim upon which relief may be granted, arguing that he was not an "employer" as defined by the ADEA or HRL.

On August 2, 1995, the district court (Judge Sterling Johnson) held that an owner could not be individually liable under the ADEA and that plaintiffs failed to allege any facts that would give rise to individual liability of the owner under HRL. The plaintiffs were ordered to amend complaint to allege representative liability under ADEA and under HRL. Leykis v. NYP Holdings, Inc., 899 F.Supp. 986 (E.D.N.Y. 1995).

Defendant Rupert murdock was dismissed as a defendant by stipulation on January 31, 1996.

On April 25, 1997, fifty-two class members entered into a settlement agreement with the remaining defendants, the terms of which are unavailable.

Summary Authors

Kunyi Zhang (9/3/2010)

People


Judge(s)

Johnson, Sterling Jr. (New York)

Attorneys(s) for Plaintiff

Flamm, Leonard N. (New York)

Attorneys(s) for Defendant

Davidson, Laura (New York)

Thau, Clifford (New York)

Judge(s)

Johnson, Sterling Jr. (New York)

Attorneys(s) for Plaintiff

Flamm, Leonard N. (New York)

Attorneys(s) for Defendant

Davidson, Laura (New York)

Thau, Clifford (New York)

Documents in the Clearinghouse

Document

Docket

Oct. 6, 1997 Docket
24

District Court Opinion

899 F.Supp. 986

Aug. 7, 1995 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed and summons(es) issued for New York Post Holdin, New York Post Co., Rupert Murdoch FILING FEE $ 120.00 RECEIPT # 39366 (Greene, Donna) (Entered: 09/14/1994)

Sept. 9, 1994

CASE REFERRED to Magistrate Joan M. Azrack (Greene, Donna) (Entered: 09/14/1994)

Sept. 9, 1994
2

CONSENT TO JOINT to become a party plaintiff to this lawsuit by Paul Kaplan, Robert Breil, John Ascher, Alan Morton, Arnold Samuelsen, Maril McFaul, Edward Diolla, Jr., Gerald Engel, Fred Capitelli, James Sullivan, Neil Schneider, Stephen Linsey, Jerry Tallner, Thomas Bonfiglio, Charles Sussman, Samuel Taylor, Jr., Joseph Demaria, Thomas Rodger, William Noonan, Jr., and Marilyn Fox. (Yuen, Sui May) (Entered: 09/16/1994)

Sept. 9, 1994
3

CONSENT TO JOINT to become a party plaintiff in this lawsuit by Richard Benvenut, Ralph Ginzburg, Carmen Burdi, Virginia Kellner, Carl Pelleck, Daniel O'Donnen, Ken Wenthen, Jr., Peter Coutros, Bernuce Doyle Sampson, John Swenson, Herman Dorfman, Robert Kalfus, John Hawkins, Michael Gruber, Alvesta Young, and Marvin Smilon. (Yuen, Sui May) (Entered: 09/16/1994)

Sept. 9, 1994
4

CONSENT TO JOINT to become a party plaintiff in this lawsuit by Priscilla Goldbach, John Impomeni, John Duffy, James Sullivan, Donald Collins, Paul Pucciarelli, Allan Keren, Joseph Zanchelli, Richard Wettereau, Leo Standora, Gary William Harty, Merrill Sherr, Hope MacLeod, Annette Caldaio, Milton Horowitz, Leonard Lewim, Mel Juffe, Marie Cundari, Melbourne Weib, and Francisco Gonzalez. (Yuen, Sui May) (Entered: 09/16/1994)

Sept. 9, 1994
5

ORDER dated 10/14/94 setting initial conference for 10:30 2/28/95. ( signed by Magistrate Joan M. Azrack ). (Yuen, Sui May) (Entered: 10/18/1994)

Oct. 18, 1994
6

STIP/ORDER (not dated) that defts' time to ANSWER extended 30 days, thru &including 12/14/94. (signed by Judge Sterling Johnson Jr.) (Greves, Liz) (Entered: 11/09/1994)

Nov. 9, 1994
7

ANSWER to Complaint by NYP Holdings, Inc. (Yuen, Sui May) (Entered: 12/15/1994)

Dec. 14, 1994
8

MOTION by dft Rupert Murdoch to dismiss the complaint. Motion hearing set for 10:00 1/6/95 [8−1] motion (Yuen, Sui May) Modified on 12/15/1994 (Entered: 12/15/1994)

Dec. 14, 1994
9

MEMORANDUM by Rupert Murdoch in support of [8−1] motion to dismiss the complaint. (Yuen, Sui May) (Entered: 12/15/1994)

Dec. 14, 1994
11

MEMORANDUM by Harold Leykis, Hugh Delano, Bernard Bard, Carole Lee, Arthur Pomerantz in opposition to Rupert Murdoch's [8−1] motion to dismiss the complaint. (Yuen, Sui May) (Entered: 01/05/1995)

Jan. 3, 1995
13

REPLY MEMORANDUM OF LAW by Rupert Murdoch in further [8−1] support of his motion to dismiss the complaint. (Yuen, Sui May) (Entered: 01/12/1995)

Jan. 6, 1995
12

ORDER dtd 1/6/95 referring case to Mag. Azrack to hear motion to dismiss. ( signed by Judge Sterling Johnson Jr. ) (Yuen, Sui May) (Entered: 01/12/1995)

Jan. 12, 1995
14

STIPULATION and Order of dismissal with prejudice as against dft The New York Post Company. ( Signed by Judge Sterling Johnson Jr., dtd 12/27/94). (Yuen, Sui May) Modified on 03/01/1995 (Entered: 01/12/1995)

Jan. 12, 1995
15

Calendar entry: before Mag. Azrack on 2/28/95. Status re discovery held. Next status conference for 12:30 6/15/95 . (Yuen, Sui May) (Entered: 03/03/1995)

Feb. 28, 1995
16

Deft NY Post Holding's Automatic Disclosure Responses. (Greves, Liz) (Entered: 03/06/1995)

March 6, 1995
17

LETTER dated 3/17/95 from Leonard Flamm to Magistrate Azrack, Re: distinguishing a case cited by defendant and citing a case that support planitiff's position on employer liability. (Conte, Daniela) (Entered: 03/21/1995)

March 21, 1995
18

STIP/ORDER (not dated) that time for defts NYC Holdings &Rupert Murdoch to respond to pltffs' lst set of interrogatories &lst request for production of documents extended thru &including 6/5/95. (signed by Judge Sterling Johnson Jr.) (Greves, Liz) (Entered: 06/05/1995)

June 5, 1995
19

INTER−OFFICE MEMO from Judge Johnson to Mag. Azrack dated 6/2/95 requesting status of the referred motion to dismiss. (Yuen, Sui May) (Entered: 06/13/1995)

June 13, 1995
21

Calendar entry: Conference of 6/15/95 before Mag Azrack adjourned to 9/28/95. (Greves, Liz) (Entered: 06/27/1995)

June 15, 1995
20

LETTER dated 6/13/95 from Clifford Thau to Mag. Azrack confirming that the conference for 6/15 has bee adjourned to 9/28/95 at 3:30. (Yuen, Sui May) (Entered: 06/21/1995)

June 21, 1995
22

REPORT AND RECOMMENDATIONS of Magistrate Joan M. Azrack that it is recommended that defendant's [8−1] motion to dismiss the complaint against him in his individual capacity under the ADEA be granted; that plaintiffs be granted 30 days in which to file an amended complaint alleging representative liability under the ADEA, and that nothing in this Report and Recommendation foreclose plaintiffs from later seeking to amend the complaint to properly allege alter ego liability against Murdoch. It is further recommended that defendant's motion to dismiss the HRL claims be granted, but that plaintiffs be permitted to amend their complaint to properly plead HRL liability. Objections to R and R due by 7/10/95 and must be filed with the Clerk of the Court, with a copy to Magistrate Azrack. Failure to file objections within the specified time waives the right to appeal the District Court's Order. (Murphy, Margaret) (Entered: 06/30/1995)

June 30, 1995
23

First AMENDED and Reinstated COMPLAINT by Harold Leykis, Hugh Delano, Bernard Bard, Carole Lee, Arthur Pomerantz. (Answer due 7/30/95 on for Rupert Murdoch, New York Post Co., and New York Post Holding. ) amending [1−1] complaint. (Yuen, Sui May) (Entered: 07/26/1995)

July 20, 1995
24

ORDER dtd 8/2/95 adopting the R &R issued by Mag. J. Azrack on 6/29/95 and granting deft Murdoch's motion to dismiss in his individual capacity under the Age Discrimination Employment Act; dismissing the complaint as to defft Murdoch in his indivudual capacity under the New York State Human Rights Law ; pltff's request for leave to file an amended complaint is granted and pltff's shall have 30 days in which to file such amended complaint. ( signed by Judge Sterling Johnson Jr. ) Copy of this order sent to Mag. J. Azrack. (Glenn, Marilyn) (Entered: 08/07/1995)

Aug. 7, 1995
25

STIP/ORDER dated 8/1/95 that defts' time to move or answer extended to &including 9/29/95. (signed by Judge Sterling Johnson Jr.) (Greves, Liz) (Entered: 08/08/1995)

Aug. 8, 1995
26

ORDER dtd 8/23/95 that the time for the dft to respond to plaintiffs' 2nd Request for Production of Documents is extended to 9/26/95. ( signed by Judge Sterling Johnson Jr. ). (Yuen, Sui May) (Entered: 08/29/1995)

Aug. 29, 1995
27

Calendar entry: Before Mag. Judge Azrack on 9.28.95 at 3:30 p.m. case called for discovery conference; Norman Mednick for pltf. and Clifford Thau for deft; Discovery schedule set; set status conference for 11:00 a.m. on 2/1/96 before Magistrate Joan M. Azrack (Greene, Donna) (Entered: 10/04/1995)

Sept. 28, 1995
28

ORDER STIP. dtd. 10/10/95 concerning confidentiality of discovery materials, for protective order ( signed by Judge Sterling Johnson Jr. ) (Jackson, Ramona) (Entered: 10/13/1995)

Oct. 13, 1995
29

ORDER STIP. dtd. 10/10/95, reset answer due for 10/30/95 for Rupert Murdoch, for New York Post Holdin with respect to amended complaint ( signed by Judge Sterling Johnson Jr. ) (Jackson, Ramona) (Entered: 10/13/1995)

Oct. 13, 1995
30

STIPULATION AND ORDER, extending time . Deft.'s time to answer or move with respect to pltf.'s first amended and restated complaint is exteded through and including 11.29.95. ( signed by Judge Sterling Johnson Jr. on 11.1.95 ) (Greene, Donna) (Entered: 11/06/1995)

Nov. 6, 1995
31

STIPULATION AND ORDER, (a) Return date of dft's motion to dismiss pltff's First Amended and Restated Complaint as to Rupert Murdoch is adjourned to 12/22/95 to 1/26/96. (b) Pltff's shall serve opposition papers on or before 1/12/96, and (c) Dfts shall serve reply papers in support of its motion on or before 1/26/96. ( signed by Judge Sterling Johnson Jr. 1/5/96 ) (Piper, Francine) (Entered: 01/18/1996)

Jan. 18, 1996
32

STIPULATION AND ORDER, dismissed with prejudice and without costs or attorneys' fees as to deft. Rupert Murdoch . ( signed by Judge Sterling Johnson Jr. 1.30.96) (Greene, Donna) (Entered: 02/02/1996)

Jan. 31, 1996

Case closed (Greene, Donna) (Entered: 02/02/1996)

Jan. 31, 1996
33

Calendar entry: Before Mag. Judge Azrack on 2.1.96 at 11:00 a.m. for conference. Set status conference for 10:30 6/13/96 before Magistrate Joan M. Azrack (Greene, Donna) (Entered: 02/08/1996)

Feb. 1, 1996
34

LETTER dated 4/16/96 from Norman Mednick to Magistrate Azrack, Re: Requesting that the court schedule a settlement conference, or assigned this matter for court annexed−mediation. (Piper, Francine) (Entered: 04/30/1996)

April 30, 1996

Endorsed order granting [34−1] letter, settlement set conference for 3:00 5/23/96 before Magistrate Joan M. Azrack All counsel must be present. ( Signed by Magistrate Joan M. Azrack 4/22/96 ) (see document #34) (Piper, Francine) (Entered: 04/30/1996)

April 30, 1996
35

Calendar entry:, setting settlement conference for 11:00 6/27/96 before Magistrate Joan M. Azrack (DiTomasso, Mike) (Entered: 05/28/1996)

May 23, 1996
36

Calendar entry: Before Mag. Judge Azrack on 6/27/96 at 11:00 a.m. Case adj. to Sept. 4, 1996. (Greene, Donna) (Entered: 07/02/1996)

June 27, 1996
37

Calendar entry:Before Mag Azrack Civil Conf, set scheduling conference for 11:00 10/25/96 before Magistrate Joan M. Azrack (Jackson, Ramona) (Entered: 09/24/1996)

Sept. 4, 1996
38

Letter from Mag. Azrack to pltff's counsel dated Nov. 26, 1996. Advising counsel that their presence are required at the settlement conf scheduled for Dec. 6, 1996. (Joseph, Derek) (Entered: 12/06/1996)

Nov. 26, 1996
40

ORDER setting settlement conference for 10:00 on 4/3/97 before Magistrate Joan M. Azrack ( signed by Magistrate Joan M. Azrack on 3/21/97). c/m (Greene, Donna) (Entered: 03/24/1997)

March 24, 1997
41

COPY OF LETTER dated 3/19/97 from Brenna B. Mahoney to Mrs. Laura Leykis, informing her that if she doesn't sign the stipulation and order and return them to Mr. Mednick by 4/9/97, her presence shall be required at a status confernce before the Mag. (Greene, Donna) (Entered: 03/24/1997)

March 24, 1997
42

Calendar entry: Before Mag. Azrack on 4/3/97 at 10:00. Case called. Mrs. Leykis did not appear. Pltfs. counsel to make motion to be relieved. (Greene, Donna) (Entered: 04/07/1997)

April 3, 1997
43

REPORT AND RECOMMENDATIONS of Magistrate Joan M. Azrack dated 4/11/97. It is recommended that the claims of the Estate of Harry Leykis should be dismissed for failure to prosecute. In addition, it is respectfully recommended that Mr. Mednick be permitted to withdraw as counsel of record for the Estate of Harry Leykis. Case no longer referred to Magistrate Joan M. Azrack Objections to R and R due by 4/24/97. (Greene, Donna) (Entered: 04/14/1997)

April 14, 1997
44

STIPULATION AND ORDER, Fifty−Two Class Members have consented to the settlement; Two Class Members claims were dismissed with prejudice following their failure to appear before Magistrate Azrack on 12/6/96. ( signed by Judge Sterling Johnson Jr. ) (see order for more details) (Piper, Francine) (Entered: 04/25/1997)

April 25, 1997
45

ORDER that the claims of the Estate of Harry Leykis be dismissed for failure to prosecute pursuant to Fed. R. Civ. P.41(b), and that Mr. Mednick be permitted to withdraw as counsel of record for the Estate of Harry Leykis. ( signed by Judge Sterling Johnson Jr. on 5/15/97). c/m (Greene, Donna) (Entered: 05/22/1997)

May 22, 1997
46

ORDER permitting the Law office of Leonard N. Flamm to withdraw as counsel of record for the Estate of Harry Leykis and for Laura Leykis, on behalf of herself and on behalf of said estate . ( signed by Judge Sterling Johnson Jr. on 5/16/97 ). (Greene, Donna) (Entered: 05/29/1997)

May 28, 1997
47

JUDGMENT that pltfs. take nothing of the defts.; that the 4/11/97 Report and Recommendation of Mag. Azrack is affirmed and adopted; that the claims of the Estate of Harry Leykis are dismissed; and, that Norman Mednick, Esq., is permitted to withdraw as counsel of Record for the estate of Harry Leykis. (signed by Robert C. Heinemann on 5/27/97). c/m (Greene, Donna) (Entered: 05/29/1997)

May 29, 1997

Case closed (Greene, Donna) (Entered: 05/29/1997)

May 29, 1997
48

LETTER dated 5/20/97 from Donald R. Lomax to Judge Johnson, advising that he received the enclosed orders, but did not appear in this case on behalf of the pltf. (Greene, Donna) (Entered: 06/06/1997)

June 6, 1997
49

STIPULATION AND ORDER of dismissal with prejudice. ( Signed by Judge Sterling Johnson Jr. on 6/23/97). (Greene, Donna) (Entered: 07/01/1997)

July 1, 1997
50

COPY OF LETTER dated 6/18/97 from Laura Davidson to Mag. Azrack, pursuant to paragraph 6 of the 4/3/97 order, counsel are forwarding the original Stipulation and Order of Dismissal in connection with the above−referenced case. (Greene, Donna) (Entered: 07/15/1997)

July 15, 1997
51

LETTER dated 7/1/97 from Norman Mednick to Mag. Azrack, respectfully requesting that the undersigned be permitted to notify each of those 36 members that did not respond to the settlement agreement, that if the executed agreements are not returned within 14 days of receipt of notification, an order of dismissal will be prepared for Judge Johnson dismissing, with prejudice, their claims in the instant matter. (Greene, Donna) (Entered: 07/15/1997)

July 15, 1997
52

LETTER dated 7/29/97 from Norman Mendnick to N.Y.Post pltff. regarding agreement (Jackson, Ramona) (Entered: 08/08/1997)

Aug. 8, 1997
53

STIPULATION and order of dismissal with prejudice. ( Signed by Judge Sterling Johnson Jr.). (Greene, Donna) (Entered: 10/06/1997)

Oct. 6, 1997

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Sept. 9, 1994

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were former employees of New York Post age 40 or older who were fired but not rehired pursuant to a reorganization program.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Post Holding, Inc., Private Entity/Person

New York Post Company, Private Entity/Person

Rupert Murdock, Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination