Case: US Equal Employment Opportunity Commission v. Delta Air Lines, Inc.

COMPLAINT against Delta Air Lines, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by US Equal Employment Opportunity Commission. (Lalic, Annette) (Entered: 09/30/2025)

Civil Cover Sheet.. by US Equal Employment Opportunity Commission (Lalic, Annette) (Entered: 09/30/2025)

Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf (KD) (Entered: 09/30/2025)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 09/30/2025)

Proposed Summons. by US Equal Employment Opportunity Commission (Lalic, Annette) (Entered: 09/30/2025)

Quality Control Check - Summons

Case Assigned/Reassigned

Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD)

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD)

First MOTION to Stay Stay due to lapse in appropriations by US Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A Proposed Order) (Lalic, Annette) (Entered: 10/01/2025)

ORDER: The motion to stay 6 is granted. The case is stayed and all deadlines are extended for the duration of the lapse in appropriations caused by the federal government shutdown. So Ordered by Magistrate Judge Taryn A. Merkl on 10/1/2025. (ERT) (Entered: 10/01/2025)

ORDER REASSIGNING CASE. Case reassigned to Judge Ann M. Donnelly for all further proceedings. Judge Nicholas G. Garaufis no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 10/2/2025. (CV)

Order Reassigning Case

Summons Issued as to Delta Air Lines, Inc. (TLH) (Entered: 10/07/2025)

MOTION to Appear Pro Hac Vice by US Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Miller, Gena) (Entered: 11/21/2025)

ORDER deferring ruling on 9 Motion for Leave to Appear Pro Hac Vice. E.D.N.Y. Local Civil Rule 1.3(k) requires "a certificate of the court for each of the states in which the applicant is a member of the bar that has been issued within 30 days of filing and states that the applicant is a member in good standing of the bar of that state court" (emphasis added). The Court notes that counsel's certificate is dated January 30, 2025. Counsel is respectfully directed to file a certificate of good standing from the state of New York that has been issued within the past 30 days or a status update by 12/8/2025. Counsel should use the event titled "Notice Other" on ECF to file their revised submission. Ordered by Magistrate Judge Taryn A. Merkl on 11/26/2025. (DT)

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE by US Equal Employment Opportunity Commission re 9 MOTION to Appear Pro Hac Vice, Order on Motion for Leave to Appear Pro Hac Vice,,, (Attachments: # 1 Exhibit Miller Certificate of Good Standing) (Miller, Gena) (Entered: 12/02/2025)

ORDER: The Motion of Gena Miller for Leave to Appear Pro Hac Vice 9 is granted, in light of the additional filing that includes counsel's updated certificate of good standing from the NY State Court. See ECF 10 . The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee, if counsel has not already done so. Ordered by Magistrate Judge Taryn A. Merkl on 12/3/2025. (DT)

Order on Motion for Leave to Appear Pro Hac Vice

WAIVER OF SERVICE Returned Executed by US Equal Employment Opportunity Commission. Delta Air Lines, Inc. waiver sent on 11/26/2025, answer due 1/26/2026. (Miller, Gena) (Entered: 12/04/2025)

NOTICE of Appearance by Ira Gregg Rosenstein on behalf of Delta Air Lines, Inc. (aty to be noticed) (Rosenstein, Ira) (Entered: 01/23/2026)

NOTICE of Appearance by Nina Leeds on behalf of Delta Air Lines, Inc. (aty to be noticed) (Leeds, Nina) (Entered: 01/23/2026)

ANSWER to 1 Complaint and Defenses by Delta Air Lines, Inc.. (Rosenstein, Ira) (Entered: 01/23/2026)

Corporate Disclosure Statement by Delta Air Lines, Inc. (Rosenstein, Ira) (Entered: 01/23/2026)

MOTION to Appear Pro Hac Vice for Stephanie R. Reiss Filing fee $ 200, receipt number ANYEDC-19846388 by Delta Air Lines, Inc.. (Attachments: # 1 Affidavit of Stephanie Reiss, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Reiss, Stephanie) (Entered: 01/27/2026)

SCHEDULING ORDER: An Initial Conference will be held via Zoom on 3/2/2026 at 10:45 a.m. before Magistrate Judge Taryn A. Merkl. The parties were emailed the video feed link. The public can dial the toll-free number 1-646-828-7666 and enter Meeting ID 160 3477 8681 and Passcode 525035. The parties shall join five minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 2/20/2026. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 1/27/2026. (KC) (Entered: 01/27/2026)

MOTION to Appear Pro Hac Vice for Katie N. Linehan (Local Civil Rule 1.3(l) - fee waived) by US Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Katie N. Linehan, # 2 Certificate of Good Standing) (Linehan, Katie) (Entered: 02/18/2026)

ORDER: The Motion of Stephanie Reiss for Leave to Appear Pro Hac Vice 16 is granted. The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee, if counsel has not already done so. Ordered by Magistrate Judge Taryn A. Merkl on 2/19/2026. (DT)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER deferring ruling on Motion for Leave to Appear Pro Hac Vice 18 . Local Civil Rule 1.3(k) requires "a certificate of the court for each of the states in which the applicant is a member of the bar that has been issued within 30 days of filing and states that the applicant is a member in good standing of the bar of that state court" (emphasis added). Counsel is respectfully directed to file a revised application and certificates of good standing from the court of the state of Michigan, or a status update by 3/5/2026. Counsel should use the event titled "Notice Other" on ECF to file their revised submission. Ordered by Magistrate Judge Taryn A. Merkl on 2/19/2026. (DT)

CASE MANAGEMENT STATEMENT (Miller, Gena) (Entered: 02/20/2026)

NOTICE by US Equal Employment Opportunity Commission re Order on Motion for Leave to Appear Pro Hac Vice,, 18 MOTION to Appear Pro Hac Vice for Katie N. Linehan (Local Civil Rule 1.3(l) - fee waived) (Attachments: # 1 Declaration of Katie N. Linehan, # 2 Certificate of Good Standing - State Bar of Michigan, # 3 Certificate of Good Standing - Michigan Supreme Court) (Linehan, Katie) (Entered: 02/20/2026)

ORDER: The Motion of Katie N. Linehan, for Leave to Appear Pro Hac Vice 18 is granted, in light of the additional filing that includes Ms. Linehan's updated certificate of good standing from the Michigan Supreme Court. See ECF 20 . The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Ordered by Magistrate Judge Taryn A. Merkl on 2/23/2026. (DT)

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE of Appearance by Stephanie R. Reiss on behalf of Delta Air Lines, Inc. (notification declined or already on case) (Reiss, Stephanie) (Entered: 02/24/2026)

NOTICE of Appearance by Katie N. Linehan on behalf of US Equal Employment Opportunity Commission (notification declined or already on case) (Linehan, Katie) (Entered: 03/02/2026)

NOTICE of Appearance by Elizabeth Anne Figueira on behalf of US Equal Employment Opportunity Commission (aty to be noticed) (Figueira, Elizabeth) (Entered: 03/02/2026)

Order Referring Case to Mediation

Initial Conference Hearing AND ~Util - Set Deadlines

Mediation Instructions

Minute Entry and Order: An Initial Conference was held via video on 3/2/2026 before Magistrate Judge Taryn A. Merkl. Appearances by: Gena Miller, Katie Linehan, and Elizabeth Figueira for Plaintiff; Stephanie Reiss and Nina Leeds for Defendant. The parties confirmed that they have held their Rule 26(f) conference and that initial disclosures have been exchanged. The Court also reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, the parties' discovery plan is adopted, in part, as follows. Any HIPAA-compliant records authorizations shall be exchanged by 3/16/2026. The deadline for joining additional parties and amending the pleadings as of right is 3/17/2026. First requests for documents and interrogatories shall be exchanged by 3/25/2026. Phase I discovery shall be completed by 5/1/2026. Fact discovery shall be completed on or before 7/17/2026. The parties are directed to file a joint status report certifying the close of fact discovery by 7/20/2026. In their joint status report certifying the close of fact discovery, the parties are directed to include an update as to whether they need an expert discovery schedule, and if so, to propose an agreed-upon expert discovery schedule. In the absence of an expert discovery schedule being set, the last date to take the first step in dispositive motion practice is 8/20/2026, and must be done in accordance with the Individual Rules of the assigned District Judge.As stated on the record, this case will be referred to the EDNY Mediation Panel at the parties' request. Counsel shall exchange all relevant documents and records prior to mediation, if they have not done so already. The parties are directed to file their mediator selection on ECF by 3/16/2026. Mediation shall be completed by 5/15/2026. The parties are directed to file a joint status letter by 5/22/2026, or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status. Ordered by Magistrate Judge Taryn A. Merkl on 3/2/2026. (Zoom Log #10:53-11:17.) (DT)

ORDER REFERRING CASE to Mediation. Mediator selection shall be filed on ECF by 3/16/2026. Mediation shall be completed by 5/15/2026. Ordered by Magistrate Judge Taryn A. Merkl on 3/2/2026. (DT)

MEDIATION INSTRUCTIONS: Counsel should consult to select a mediator and schedule the initial mediation session by contacting their chosen mediator. Once scheduled, counsel must file their selection using the Selection Mediator Form. A list of EDNY Panel Mediators is available on the Court's website. EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(e)(3) available on the Court's website. **Please note mediator rates increased on 1/2/2026. Any mediation scheduled after 1/2/2026 is subject to the increased mediator rate.** Mediation is a confidential process. The Confidentiality Stipulation available on the Court's website must be signed at or before the initial mediation session by all participants and the mediator. This document is maintained by the mediator and parties and not the ADR Department. Upon completion of the mediation, both parties must submit a Mediation Report to the ADR Department.Please consult Procedures of the Mediation Program for the Eastern District of New York for detailed information about mediation procedure and practice. (JR)

MOTION for Extension of Time to File an amended complaint by US Equal Employment Opportunity Commission. (Miller, Gena) (Entered: 03/13/2026)

SELECTION OF MEDIATOR Barry Peek selected as Mediator. Date Time and Location in-person/remote: April 13, 2026 (in-person). Seven days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation, please consult Procedures of the Mediation Program for the Eastern District of New York. Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. Mediation is a confidential process. All participants, including the mediator, must sign the Confidentiality Stipulation available on the Court's website prior to the initial mediation session. This document is maintained by the mediator and parties and not the ADR Department. Upon completion of the mediation, both parties must submit a Mediation Report for the ADR Department due by to the ADR Department. (JR)

Selection of Mediator

Order on Motion for Extension of Time to File

ORDER: The Court is in receipt of Plaintiff's motion for an extension of time to file an amended complaint 24 . The motion is granted, on consent. The deadline to amend the pleadings as of right is extended to 3/27/2026. Ordered by Magistrate Judge Taryn A. Merkl on 3/16/2026. (DT)

MOTION to Withdraw as Attorney by US Equal Employment Opportunity Commission. (Miller, Gena) (Entered: 03/23/2026)

ORDER: The Court is in receipt of Plaintiff's Counsel's Motion to Withdraw 25 . The Motion is granted. Given counsel's representation that attorney Gena Miller's tenure at the EEOC is ending, but that other counsel of record from the EEOC, Katie N. Linehan and Elizabeth A. Figueria, will continue the representation, the Clerk of Court is respectfully directed to terminate Ms. Miller as counsel for Plaintiff. Ordered by Magistrate Judge Taryn A. Merkl on 3/24/2026. (DT)

Order on Motion to Withdraw as Attorney

AMENDED COMPLAINT against Delta Air Lines, Inc., filed by US Equal Employment Opportunity Commission. (Linehan, Katie) (Entered: 03/27/2026)

Letter MOTION for Extension of Time to File Answer re 26 Amended Complaint by Delta Air Lines, Inc.. (Rosenstein, Ira) (Entered: 04/01/2026)

ORDER: Defendant's motion 27 for extension of time to file an answer to the amended complaint is granted, on consent, to allow the parties to focus more fully on settlement discussions. Defendant shall file an answer or otherwise respond to the amended complaint by 5/11/2026. The parties are respectfully reminded that any motion practice must be initiated in accordance with the Individual Rules of the assigned District Judge. Ordered by Magistrate Judge Taryn A. Merkl on 4/2/2026. (DT)

Order on Motion for Extension of Time to Answer

Letter MOTION for Extension of Time to File / Mediate by Delta Air Lines, Inc.. (Rosenstein, Ira) (Entered: 04/20/2026)

ORDER: The Court is in receipt of the parties' joint motion 28, requesting an extension of one month to complete mediation. In light of the parties' representations that they are actively discussing the specific terms of a consent decree and believe they can resolve the matter without mediation, the motion is granted, on consent. Should mediation be necessary, mediation shall be completed by 6/15/2026. The parties are directed to file a joint status letter by 6/22/2026, or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status. Ordered by Magistrate Judge Taryn A. Merkl on 4/23/2026. (DT)

Order on Motion for Extension of Time to File

ANSWER to 26 Amended Complaint by Delta Air Lines, Inc.. (Rosenstein, Ira) (Entered: 05/11/2026)

Letter MOTION to Stay (Joint Request) by Delta Air Lines, Inc.. (Rosenstein, Ira) (Entered: 05/29/2026)

Order Dismissing Case AND Order on Motion to Stay

ORDER DISMISSING CASE. In light of the parties' notice of settlement in principle (see ECF No. 30 at 1), the Court dismisses this action with leave to reopen within sixty days if the settlement is not finalized. The Court finds 30 the Joint Motion to Stay moot. Ordered by Judge Ann M. Donnelly on 5/29/2026. (CM)

Joint MOTION to Approve Consent Judgment /Consent Decree by US Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Consent Decree) (Linehan, Katie) (Entered: 07/27/2026)

Scheduling Order

Letter