Case: EEOC v. LA BRANCHE & CO INC

1:05-cv-08304 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 27, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

In September 2005, the EEOC district office in New York, New York brought this action against LA Branche & Company and two of its officers in the U.S. District Court for the Southern District of New York. A male former employee intervened in the suit. The complaints state that the former employee, who suffered from Bipolar Disorder and Manic Depression, alleged that the defendant violated Title I of the Americans with Disabilities Act of 1990 (ADA) when it maintained a hostile working environ…

In September 2005, the EEOC district office in New York, New York brought this action against LA Branche & Company and two of its officers in the U.S. District Court for the Southern District of New York. A male former employee intervened in the suit. The complaints state that the former employee, who suffered from Bipolar Disorder and Manic Depression, alleged that the defendant violated Title I of the Americans with Disabilities Act of 1990 (ADA) when it maintained a hostile working environment, retaliated against him for complaining of discrimination, and constructively discharged him all because of his mental disability. After a single settlement conference, the parties settled and a consent decree was entered in August 2006.

In the consent decree, the parties agreed that the defendant would pay the complainant $500,000, post a "remedial notice," revise its personnel policies, revise its complaint procedures, provide EEO training to all its employees, submit semiannual complaint reports to the EEOC, and hire an EEO coordinator to handle investigations and general complaince matters. No fees or costs were awarded. The terms of the agreement run for three years. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.

Summary Authors

Jason Chester (7/19/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. LA Branche & Co., Inc.

Jan. 25, 2007 Docket
1

Complaint

EEOC v. La Branche & Co Inc

Sept. 27, 2005 Complaint
3-4

Complaint in Intervention

EEOC v. La Branche & Co Inc, et al

Sept. 28, 2005 Complaint
16

Consent Decree

EEOC v. La Branche & Co Inc

Aug. 11, 2006 Settlement Agreement

Docket

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

ECF Number Description Date Link
1

COMPLAINT against LA Branche & Co., Inc.. Document filed by Equal Employment Opportunity Commission.(jmi, ) Additional attachment(s) added on 9/29/2005 (kco, ). (Entered: 09/28/2005)

Sept. 27, 2005

SUMMONS ISSUED as to LA Branche & Co., Inc.. (jmi, ) (Entered: 09/28/2005)

Sept. 27, 2005

Magistrate Judge Douglas F. Eaton is so designated. (jmi, ) (Entered: 09/28/2005)

Sept. 27, 2005

Case Designated ECF. (jmi, ) (Entered: 09/28/2005)

Sept. 27, 2005
2

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Mark B. Stumer dated 10/6/05 re: No pre-motion conference is necessary. Mr. Servidio may intervene as of right. (Signed by Judge Shira A. Scheindlin on 10/13/05) (sac, ) (Entered: 10/17/2005)

Oct. 14, 2005
3

FIRST MOTION to Intervene. Document filed by Peter Servidio. (Attachments: # 1 # 2 # 3 # 4)(Stumer, Mark) (Entered: 10/25/2005)

Oct. 25, 2005
4

STIPULATION AND ORDER: the time for defendant to answer, move or otherwise respond to the complaint is extended to 12/22/05. (Signed by Judge Shira A. Scheindlin on 11/28/05) (db, ) (Entered: 11/28/2005)

Nov. 28, 2005

Set Answer Due Date purs. to 4 Stipulation and Order as to LA Branche & Co., Inc. answer due on 12/22/2005. (db, ) (Entered: 11/28/2005)

Nov. 28, 2005
5

AFFIDAVIT OF SERVICE of Notice of Motion, Memo of Law in Support of Motion to Intervene, Affirmation in Support and Complaint in Intervention served on LaBranche & Co., Inc. c/o Kenneth Gavsie, Esq. on December 8, 2005. Service was made by MAIL (FED EX). Document filed by Peter Servidio. (Stumer, Mark) (Entered: 12/08/2005)

Dec. 8, 2005
6

RULE 7.1 DISCLOSURE STATEMENT. Document filed by LA Branche & Co., Inc..(Klein, Jeffrey) (Entered: 12/22/2005)

Dec. 22, 2005
7

ANSWER to Complaint. Document filed by LA Branche & Co., Inc..(Klein, Jeffrey) (Entered: 12/22/2005)

Dec. 22, 2005
8

ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/03/2006 at 03:30 PM before Judge Shira A. Scheindlin, at the United States Courthouse, 500 Pearl Street, New York, Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 2/28/2006) (lb, ) (Entered: 03/02/2006)

March 1, 2006
9

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeffrey S. Klein dated 3/10/06 re: Application GRANTED. The 4/3/06 initial pretrial conference is adjourned to 4/26/06 at 5:00 p.m. (Signed by Judge Shira A. Scheindlin on 3/13/06) (db, ) (Entered: 03/15/2006)

March 14, 2006

Set/Reset Hearings: Initial Conference set for 4/26/2006 05:00 PM before Judge Shira A. Scheindlin. (db, ) (Entered: 03/15/2006)

March 14, 2006
10

ENDORSED LETTER addressed to Judge Scheindlin from Mark Stumer dated 3/16/06: Peter Servidio's motion to intervene is hereby granted. The Clerk of the Court is directed to close this motion. (docket number 3). (Signed by Judge Shira A. Scheindlin on 3/17/06) (cd, ) (Entered: 03/20/2006)

March 20, 2006
11

WAIVER OF SERVICE RETURNED EXECUTED. Anthony Corso waiver sent on 4/3/2006, answer due 6/2/2006; Alfred Hayward waiver sent on 4/3/2006, answer due 6/2/2006; LA Branche & Co., Inc. waiver sent on 4/3/2006, answer due 6/2/2006. Document filed by Peter Servidio. (Stumer, Mark) (Entered: 04/03/2006)

April 3, 2006
12

ANSWER to Complaint. Document filed by Anthony Corso, Alfred Hayward, LA Branche & Co., Inc..(Klein, Jeffrey) (Entered: 04/11/2006)

April 11, 2006
13

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Douglas F. Eaton. (Signed by Judge Shira A. Scheindlin on 4/26/06) (kco, ) Modified on 5/1/2006 (kco, ). (Entered: 04/27/2006)

April 27, 2006
14

SCHEDULING ORDER: Discovery due by 1/9/2007. Final Pretrial Conference is set for 11/14/2006 at 4:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 2/21/2007. All other deadlines are set forth in this order. (Signed by Judge Shira A. Scheindlin on 4/26/06) (kco, ) (Entered: 04/27/2006)

April 27, 2006
15

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Shira A. Scheindlin on 4/26/06) (kco, ) (Entered: 04/27/2006)

April 27, 2006

Minute Entry for proceedings held before Judge Douglas F. Eaton : Settlement Conference held on 6/13/2006. (The parties were unable to reach a settlement. Judge Eaton made a recommendation for their consideration) (js, ) (Entered: 06/16/2006)

June 13, 2006

Minute Entry for proceedings held before Judge Douglas F. Eaton : Settlement Conference held on 6/13/2006. No settlement reached. (db, ) (Entered: 07/10/2006)

June 13, 2006

Judge Douglas F. Eaton is no longer assigned to case. (cd, ) (Entered: 07/10/2006)

July 7, 2006
16

CONSENT DECREE AND JUDGMENT settling action. (Signed by Judge Shira A. Scheindlin on 8/11/06) (Attachments: # 1 notice of right to appeal)(ml, ) (Entered: 08/15/2006)

Aug. 11, 2006
17

STIPULATION AND ORDER OF DISMISSAL: This action is dismissed with prejudice against LaBranche & Co. Inc., Anthony Corso and Alfred Hayward, without costs to either party. (Signed by Judge Shira A. Scheindlin on 9/19/2006) (lb, ) (Entered: 09/20/2006)

Sept. 19, 2006
18

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION to Amend/Correct 17 Stipulation and Order of Dismissal, 16 Consent Judgment Provide Administrative Closure(LETTER). Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) Modified on 10/5/2006 (kg). (Entered: 10/04/2006)

Oct. 4, 2006

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael Bruce Ranis to MANUALLY RE-FILE Document No. 18 Letter. This document is not filed via ECF. (kg) (Entered: 10/05/2006)

Oct. 5, 2006
19

ORDER the above-captioned case was settled by the parties in a Consent Decree approved by the Court on August 11,2006. The Consent Decree requires the Court to retain jurisdiction for three years from the date of entry. Therefore, this Court will retain jurisdiction until the Consent Decree expires on August 11, 2009. Until such time, the action may be reinstated as to defendant LaBranche & Co., Inc., if need be. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/25/2006) (jmi, ) (Entered: 10/26/2006)

Oct. 25, 2006
20

ORDER: intervenor-plaintiff Peter Servidio requested a pre-motion conference to resolve a fee dispute between himself and his former attorney, Mark Stumer. Because this fee dispute is not sufficiently related to the main action to fall within

Jan. 25, 2007

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 27, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alfred Hayward, Private Entity/Person

Anthony Corso, Private Entity/Person

LA Branche & Co., Inc., Private Entity/Person

Case Details

Causes of Action:

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 500000

Order Duration: 2006 - 2009

Content of Injunction:

Reporting

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit