Case: EEOC v. QUICK QUALITY RESTAURANT INC

EEOC v. Quick Quality Restaurant Inc, et al

EEOC v. Quick Quality Restaurant Inc, et al

EEOC v. Quick Quality Restaurant Inc, et al

Equal Employment Opportunity Commission v. Quick Quality Restaurants, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against Candu Management, Inc., Quick Quality Restaurant, Inc. Document filed by Equal Employment Opportunity Commission.(laq, ) Additional attachment(s) added on 4/1/2004 (laq, ). (Entered: 03/30/2004)

Summons Issued

Case Designation

SUMMONS ISSUED as to Candu Management, Inc., Quick Quality Restaurant, Inc. (laq, )

Case Designated ECF

Magistrate Judge Frank Maas is so designated. (laq, )

Case Designated ECF. (laq, )

COMPLAINT against Candu Management, Inc., Quick Quality Restaurant, Inc.. (Filing Fee $ 150.00.)Document filed by Equal Employment Opportunity Commission.(Graziano, Louis) (Entered: 04/02/2004)

Note Rejection of Attempted Paper Filing in ECF Case

***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) answer and rule 7.1 statement by Tamara Kaplan, were rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, )

FIRST MOTION to Intervene. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury. (Gaughran, Julie) (Entered: 06/18/2004)

ANSWER to Complaint. Document filed by Quick Quality Restaurant, Inc..(Nowak, Kenneth) (Entered: 06/21/2004)

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Quick Quality Restaurant, Inc..(Nowak, Kenneth) (Entered: 06/22/2004)

NOTICE OF CASE REASSIGNMENT to Judge Charles L. Brieant. Judge John G. Koeltl no longer assigned to the case. (pf, ) Additional attachment(s) added on 8/2/2004 (pf, ). (Entered: 08/02/2004)

Case Redesignation

Magistrate Judge George A. Yanthis is so redesignated. (pf, )

SCHEDULING ORDER: Case Management Conference set for 10/1/2004 09:00 AM in Court Room 1, 300 Quarropas Street, White Plains, NY 10601 before Judge Charles L. Brieant. (Signed by Judge Charles L. Brieant on 07/26/04) (fk, ) (Entered: 07/29/2004)

Mail Notice to Attorney(s)

Mailed notice with Rules 2 & 3 to the attorney(s) of record. (pf, )

FIRST MOTION to Intervene. Document filed by Daniel Fakhoury, Leila fakhoury, farida kahn, Murad qaqish. Return Date set for 10/1/2004 09:30 AM. (Gaughran, Julie) (Entered: 09/24/2004)

Motion Hearing

Minute Entry for proceedings held before Judge Charles L. Brieant : Motion Hearing held on 10/1/2004 re: 3 FIRST MOTION to Intervene. filed by Daniel Fakhoury, Leila fakhoury, Murad qaqish, farida kahn. Judge's Decision: Oral Argument heard on motion (doc #3) to intervene. Motion granted. Intervieners are directed by the Court to submit an amended complaint within (20) days. (See transcript). (Submitted by Alice Cama). (Court Reporter Angela O'Donnell) (mde, )

SCHEDULING ORDER: This Court requires that this case shall be ready for trial on or after 4/15/05; The case is to be tried to a jury; Joinder of additional parties by 11/17/04; Amended Pleadings by 11/30/04; Interrogs by 11/17/04; 1st Request for Prod of Docs by 11/17/04; Depositions by 4/15/04; Any further interrogs, including expert by 2/18/05; Requests to Admit by 2/18/05; All discovery is to be completed by 4/15/05; Case Management Conference set for 4/15/2005 09:00 AM before Judge Charles L. Brieant. (Signed by Judge Charles L. Brieant on 10/21/04) Copies sent by Clerk's Office.(pf, ) (Entered: 10/26/2004)

Notice of Appearance of Michael Ranis. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) Modified on 2/10/2005 (fk, ). (Entered: 11/17/2004)

LETTER addressed to Judge Charles L. Brieant from Michael Ranis dated 4/14/05 re: All parties would like to reschedule the conference for as soon as is practicable w/ the Court. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury, Equal Employment Opportunity Commission.(ae, ) (Entered: 04/21/2005)

LETTER addressed to Ken and Julie from Michael Ranis dated 4/18/05 re: This will confirm that the conference w/ Judge Brieant has been adjourned until 4/29/05 at 9:00 a.m. Document filed by Equal Employment Opportunity Commission.(ae, ) (Entered: 04/22/2005)

LETTER addressed to Judge Charles L. Brieant from Michael Ranis dated 4/27/05 re:....request a 45 day extension of the period for completing discovery in this case..... Document filed by Daniel Fakhoury, Equal Employment Opportunity Commission.(pf, ) (Entered: 05/03/2005)

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/23/05 re: telephone conversation from Michael Ranis, of the EEOC advising that the conference in this action is scheduled for 6/24/05 at 9:00 a.m. All the attorneys thought that the conference was scheduled for 6/29/05; Defendant's request that the conference be adjourned at a convenient time for Your Honor. Document filed by Quick Quality Restaurant, Inc..(ae, ) (Entered: 06/28/2005)

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/28/05 re: This will confirm the telephone message left by Mrs. Cama on this date advising that the Final Pretrial Conference before Your Honor is scheduled for 7/15/05 at 9:00 a.m., w/ no adjournment. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.(ae, ) (Entered: 07/12/2005)

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/30/05 re: Defendants request that the Court deny the Plaintiff's request to compel discovery of financial information because the defendants' wealth or financial condition is generally not discoverable until after the trier of fact has determined the defendant's liability for punitive damages. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.(ae, ) (Entered: 07/12/2005)

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/23/05 re: Defendant requests that the Court adjourn the conference scheduled for 6/24/05 at 9:00 a.m. at a convenient time for Your Honor. Document filed by Quick Quality Restaurant, Inc..(ae, ) (Entered: 07/12/2005)

Set Deadlines/Hearings

Set Deadlines/Hearings: Final Pretrial Conference set for 7/15/2005 09:00 AM before Judge Charles L. Brieant. (ae, )

LETTER addressed to Judge Charles L. Brieant from Kenneth Nowak dated 7/13/05 re:........to inform you of scheduled non-refundable vacation plans for myself and the dfts-witnesses..... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(pf, ) (Entered: 07/18/2005)

CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge George A. Yanthis. (Signed by Judge Charles L. Brieant on 7/15/05) (ae, ) (Entered: 07/19/2005)

Pretrial Conference - Interim

Minute Entry for proceedings held before Judge Charles L. Brieant : Interim Pretrial Conference held on 7/15/2005. (Court Reporter Sue Ghorayeb) (pf, )

TRIAL ORDER: Jury selection 9/19/05 at 9:30 a.m. in courtroom 118; Trial 9/19/05; Proposed voir dire and witness lists by 9/6/05; Proposed jury instructions, optional trial memoranda and motions in limine by 9/6/05; Responses to motions in limine by 9/13/05; So Ordered: (Signed by Judge George A. Yanthis on 7/18/05) Copies sent by Clerk's Office.(pf, ) (Entered: 07/19/2005)

LETTER addressed to Dear Judge Brieant from Kenneth I. Nowak dated 7/13/2005 re: In anticipation of Your Honor setting a trial date, I wish to inform you of scheduled, non-refundable vacation plans for myself and the deft's. witnesses...... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(jma, ) (Entered: 07/20/2005)

Proposed Jury Instructions. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)

Proposed Voir Dire Questions. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)

JOINT MOTION in Limine re: Unemployment Benefits. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

JOINT MOTION in Limine re: Habit Evidence. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

Witness List. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)

JOINT MOTION in Limine re: EEOC's Interviews and File. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

MOTION in Limine to exclude testimony and clinical notes. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)

MOTION in Limine exclude testimony & information re: calculation of front pay damages. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)

MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)

MOTION in Limine to exclude memoranda of EEOC Investigator Marchese. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/06/2005)

TRIAL MEMORANDUM. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)

Proposed Jury Instructions. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Jury Verdict Form-Daniel Fakhoury# 2 Jury Verdict Form-Murad Qaqish# 3 Jury Verdict Form-Farida Kahn# 4 Jury Verdict Form-Laila Fakhoury# 5 Jury Verdict Form-Maged Eid)(Nowak, Kenneth) (Entered: 09/06/2005)

Proposed Voir Dire Questions. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)

Witness List. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)

LETTER addressed to Judge George A. Yanthis from Kenneth I. Nowak dated 7/19/2005 re: For Your Honors's convenience, I am enclosing a copy of both letters.... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(mde, ) (Entered: 09/08/2005)

LETTER addressed to Judge George A. Yanthis from Kenneth I. Nowak dated 8/15/2005 re: Please accept this letter as response in opposition the the 8/2/2005 letter from Michael Ranis... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(mde, ) (Entered: 09/08/2005)

LETTER addressed to Judge George A. Yanthis from Michael Ranis dated 8/2/2005 re: I was on leave and unable to meet you at the conference on 7/15 regarding the scheduling of the trial in this matter, nor discuss the unresolved discovery issue... Document filed by Equal Employment Opportunity Commission.(mde, ) (Entered: 09/08/2005)

MEMORANDUM DECISION AND ORDER; regarding resolution of the discovery disputes in regards to the financial information concerning the defendants. (Signed by Judge George A. Yanthis on 9/6/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 09/08/2005)

MOTION in Limine. Document filed by Daniel Fakhoury. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Appendix Exhibit 1)(Gaughran, Julie) (Entered: 09/07/2005)

MOTION in Limine. Document filed by Daniel Fakhoury. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Appendix Exhibits 1 and 2)(Gaughran, Julie) (Entered: 09/07/2005)

RESPONSE in Opposition re: 31 MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony., 29 MOTION in Limine to exclude testimony and clinical notes.. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 09/12/2005)

RESPONSE in Opposition re: 25 JOINT MOTION in Limine re: Habit Evidence.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit Defendants' Response in Oppositon to Plaintiffs' Motion in Limine Seeking Admission of Testimony Regarding Defendants' Routine Practices)(Nowak, Kenneth) (Entered: 09/12/2005)

RESPONSE in Opposition re: 27 JOINT MOTION in Limine re: EEOC's Interviews and File.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)

RESPONSE in Opposition re: 24 JOINT MOTION in Limine re: Unemployment Benefits.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)

RESPONSE in Opposition re: 28 JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)

RESPONSE in Opposition re: 30 MOTION in Limine exclude testimony & information re: calculation of front pay damages. Requesting Admission of Charts. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Ranis, Michael) (Entered: 09/12/2005)

RESPONSE in Opposition re: 29 MOTION in Limine to exclude testimony and clinical notes. Admission of Emotional Distress Witnesses and Medical Notes. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 09/12/2005)

MOTION in Limine Opposition. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury. (Gaughran, Julie) (Entered: 09/13/2005)

MOTION in Limine Re: Def. Financial Documents. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Exhibit Exhibits 1-7# 2 Exhibit 8-11 to Brief)(Ranis, Michael) (Entered: 09/18/2005)

Jury Selection

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Selection held on 9/19/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, )

Jury Trial - Begun

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial begun on 9/19/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, )

Motion Hearing

Minute Entry for proceedings held before Judge George A. Yanthis : Motion Hearing held on 9/19/2005 re: 31 MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 32 MOTION in Limine to exclude memoranda of EEOC Investigator Marchese. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 50 MOTION in Limine Opposition. filed by Daniel Fakhoury,, Leila fakhoury,, Murad qaqish,, farida kahn,, 51 MOTION in Limine Re: Def. Financial Documents. filed by Equal Employment Opportunity Commission,, 27 JOINT MOTION in Limine re: EEOC's Interviews and File. filed by Equal Employment Opportunity Commission,, 28 JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury. filed by Equal Employment Opportunity Commission,, 37 MOTION in Limine. filed by Daniel Fakhoury,, 29 MOTION in Limine to exclude testimony and clinical notes. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 24 JOINT MOTION in Limine re: Unemployment Benefits. filed by Equal Employment Opportunity Commission,, 38 MOTION in Limine. filed by Daniel Fakhoury,, 30 MOTION in Limine exclude testimony & information re: calculation of front pay damages. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 25 JOINT MOTION in Limine re: Habit Evidence. filed by Equal Employment Opportunity Commission,. Motions Resolved. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, )

Jury Trial - Held

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/20/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, )

Jury Trial - Held

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/21/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484)) (ae, )

Jury Trial - Held

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/22/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, )

Jury Trial - Held

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/23/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, )

Jury Trial - Held

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/26/2005. (Court Reporter Albi Gorn) (Tape 21 to 1484) (ae, )

Jury Trial - Completed

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial completed on 9/27/2005. Clerk to enter judgment. (Court Reporter Albi Gorn) (Tape 21 to 1484) (ae, )

Jury Verdict

JURY VERDICT, in favor of both.(ae, )

AFFIDAVIT of Stanley J. Moskowitz; regarding his appointment by the Court as an "Accounting Expert". (ae, ) (Entered: 09/28/2005)

FIRST MOTION for New Trial on Basis of Voir Dire. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Part I, Exhibits# 2 Exhibit Part 2 of Exhibits)(Ranis, Michael) (Entered: 10/11/2005)

JUDGMENT... ORDERED, ADJUDGED AND DECREED: that the verdict handed down by the jury on September 27, 2005, is in favor of all defendants and the case is hereby closed in accordance with the jury verdict. (Signed by Judge George A. Yanthis and Clerk of Courts J. Michael McMahon on 10/11/2005) (tb, ) (Entered: 10/12/2005)

ENDORSED LETTER addressed to USMJ Yanthis from Cynthia Revesz dated 10/20/05 re:... to request an extension of time to answer the EEOC's motion for a new trial....ENDORSEMENT: Application Granted. So Ordered: (Signed by Judge George A. Yanthis on 10/20/05) Copies sent by Clerk's Office.(pf, ) (Entered: 10/21/2005)

RESPONSE to Motion re: 53 FIRST MOTION for New Trial on Basis of Voir Dire.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 10/27/2005)

FIRST MOTION to Amend/Correct To Submit Voir Dire Transcript to Motion for New Trial. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Ranis, Michael) (Entered: 10/28/2005)

BILL OF COSTS in favor of Defendants against Plaintiffs for the sum of $29,582.58.(ae, ) (Entered: 11/07/2005)

AFFIDAVIT of Kenneth I. Nowak in Support re: 58 Bill of Costs. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc. (ae, ) (Entered: 11/07/2005)

NOTICE of Hearing: on Bill of Costs, that on 11/16/05, at 10:00 a.m., or as soon thereafter as counsel may be heard, the Deputy-in-Charge, Robert Rogers, of the U.S.D.C., S.D.N.Y., U.S. Courthouse, 300 Quarropas Street, White Plains, New York, shall hear defendants' request for the taxing of their costs, as set forth in their Bill of Costs, to be included in the judgment of the w/in matter. (ae, ) (Entered: 11/07/2005)

AFFIDAVIT of Elaine Barnett re: 58 Bill of Costs. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments:, # 1)(ae, ) (Entered: 11/07/2005)

CERTIFICATE OF SERVICE of Notice of Hearing on Bill of Costs together w/ Aff. of Kenneth I. Nowak, Esq. and the Aff. of Elaine Barnett, and exhibits annexed hereto served on Michael Ranis and Julie E. Gaughran on 11/2/05. Service was made by UPS Overnight Service. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (ae, ) (Entered: 11/07/2005)