Case: EEOC v. THE PLAZA HOTEL INC

1:03-cv-07680 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 30, 2003

Closed Date: June 8, 2008

Clearinghouse coding complete

Case Summary

In September 2003, the New York District Office of the EEOC brought a Title VII discrimination against The Plaza Hotel and Fairmont Hotels and Resorts, Inc., a luxury hotel, in the U.S. District Court for the Southern District of New York. The complaint alleged that the defendant discriminated against the charging parties by subjecting them to a hostile work environment because of their religion (Muslim) and national origin (Arab or South Asian). Specifically, after September 11, 2001, the defe…

In September 2003, the New York District Office of the EEOC brought a Title VII discrimination against The Plaza Hotel and Fairmont Hotels and Resorts, Inc., a luxury hotel, in the U.S. District Court for the Southern District of New York. The complaint alleged that the defendant discriminated against the charging parties by subjecting them to a hostile work environment because of their religion (Muslim) and national origin (Arab or South Asian). Specifically, after September 11, 2001, the defendant (through supervisors and co-workers) began calling the charging parties "Osama", "Al-Qaeda", and "Taliban". The charging parties intervened in the suit in January 2004. The defendants moved for dismissal due to lack of subject matter jurisdiction, which was denied. The EEOC tried to add three additional parties to the suit, but the court only allowed two of the three parties to join in the suit in February 2005. The parties settled by entry of a consent decree in June 2005, although one plaintiff continued pretrial discovery activities before his an order of discontinuance was issued in January 2006.

The three-year consent decree included an anti-discrimination and anti-retaliation provision, implementation and distribution of a new anti-discrimination policy, training for managers and supervisors and all other employees on Fairmont's new anti-discrimination policy, and payment of $525,000 to the 12 claimants. As the settlement was set to last for three years, the case presumably closed in 2008.

Summary Authors

Kevin Wilemon (6/7/2007)

Rachel Barr (3/11/2018)

Documents in the Clearinghouse

Document

1:03-cv-07680

Docket [PACER]

EEOC v. The Plaza Hotel, Inc.

Jan. 26, 2006

Jan. 26, 2006

Docket

EEOC Press Release (Announcing Suit Filed)

EEOC v. The Plaza Hotel, et al.

No Court

Sept. 30, 2003

Sept. 30, 2003

Press Release
28

1:03-cv-07680

Memorandum Order

EEOC v. The Plaza Hotel, et al.

2004 WL 1803269, 2004 U.S.Dist.LEXIS 15863

Aug. 13, 2004

Aug. 13, 2004

Order/Opinion
41

1:03-cv-07680

Memorandum Decision

EEOC v. The Plaza Hotel, et al.

2005 WL 309770, 2005 U.S.Dist.LEXIS 1776

Feb. 7, 2005

Feb. 7, 2005

Order/Opinion

EEOC Press Release (Announcing Settlement)

EEOC v. The Plaza Hotel, et al.

No Court

June 8, 2005

June 8, 2005

Press Release

EEOC Litigation Settlement Report (June 2005)

EEOC v. The Plaza Hotel, et al.

No Court

June 30, 2005

June 30, 2005

Press Release

Resources

Docket

Last updated Aug. 14, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link

Magistrate Judge Frank Maas is so designated. (jjm) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

2

PRELIMINARY PRETRIAL ORDER, that a pretrial conference shall be held in this matter on 1/16/04 at 3:00 p.m. in Courtroom No. 444, 40 Foley Square, New York, New York 10007 . ( signed by Judge Laura T. Swain ); Copies mailed by Chambers. (tp) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

3

NOTICE OF MOTION by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed for an Order permitting Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed to intervene as of right as party plaintiffs in this case pursuant to Rule 24 of the FRCP and 42 U.S.C. 2000e-5(f)(1) and, permitting plaintiffs-intervenors to prosecute their supplemental City law claims in this Court . Return Date 12/4/03. Affirmation of Mark B. Stumer in support attached. Proposed complaint in intervention attached. (yv) Modified on 10/31/2003 (Entered: 10/31/2003)

Oct. 28, 2003

Oct. 28, 2003

4

MEMORANDUM OF LAW by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed in support of [3-1] motion for an Order permitting Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed to intervene as of right as party plaintiffs in this case pursuant to Rule 24 of the FRCP and 42 U.S.C. 2000e-5(f)(1), [3-2] motion permitting plaintiffs-intervenors to prosecute their supplemental City law claims in this Court . (yv) (Entered: 10/31/2003)

Oct. 28, 2003

Oct. 28, 2003

5

AMENDED COMPLAINT by Equal Employment (Answer due 11/17/03 for Fairmont Hotels, for The Plaza Hotel ) amending [1-1] complaint against Fairmont Management; Summons issued. (db) (Entered: 11/12/2003)

Nov. 7, 2003

Nov. 7, 2003

5

DEMAND for jury trial by Equal Employment . (db) (Entered: 11/12/2003)

Nov. 7, 2003

Nov. 7, 2003

6

RULE 7.1 DISCLOSURE STATEMENT. Document filed by The Plaza Hotel.(sac, ) (Entered: 12/09/2003)

Dec. 2, 2003

Dec. 2, 2003

7

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Fairmontr Hotel Management LP.(sac, ) (Entered: 12/09/2003)

Dec. 2, 2003

Dec. 2, 2003

8

ANSWER to Amended Complaint. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel. Related document: [5] Amended Complaint filed by Equal Employment Opportunity Commission.(sac, ) (Entered: 12/09/2003)

Dec. 2, 2003

Dec. 2, 2003

13

ORDER granting [3] Motion to Intervene. The initial conference in this action is adjourned to 2/27/04 at 3:00 p.m., and the related deadlines are modified accordingly, so that an updated Joint Preliminary Pre-Trial Statement may be prepared. (Signed by Judge Laura Taylor Swain on 1/13/04) Copies Faxed By Chambers.(kw, ) (Entered: 03/05/2004)

Jan. 14, 2004

Jan. 14, 2004

DEMAND for Trial by Jury. Document filed by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed. (kw, ) (Entered: 03/05/2004)

Jan. 14, 2004

Jan. 14, 2004

9

ANSWER to Intervenor Complaint. Document filed by The Plaza Hotel.(kw, ) (Entered: 01/29/2004)

Jan. 23, 2004

Jan. 23, 2004

10

NOTICE of Appearance by Nora Ellen Curtin on behalf of Equal Employment Opportunity Commission (db, ) (Entered: 02/26/2004)

Feb. 20, 2004

Feb. 20, 2004

11

PRELIMINARY PRETRIAL STATEMENT. Document filed by Equal Employment Opportunity Commission, Fairmont Hotels and Resorts, Inc., Fairmontr Hotel Management LP, The Plaza Hotel.(db, ) (Entered: 03/03/2004)

March 1, 2004

March 1, 2004

12

Plaintiffs' Tulun Ahmed, MOhammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan,Mohammad Mamun, and Mohab Sayed's Initial Disclosures; Document filed by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed. (djc, ) (Entered: 03/04/2004)

March 2, 2004

March 2, 2004

16

MEMORANDUM TO THE DOCKET CLERK: that a pretrial conference was held on 3/8/04 and adjourned to 6/3/05 at 10:00 a.m. before Judge Swain. (pl, ) (Entered: 03/15/2004)

March 8, 2004

March 8, 2004

Minute Entry for proceedings held before Judge Laura Taylor Swain : Interim Pretrial Conference held on 3/8/2004. (pl, ) (Entered: 03/15/2004)

March 8, 2004

March 8, 2004

Set/Reset Scheduling Order Deadlines: Pretrial Conference reset for 6/3/2004 10:00 AM before Judge Laura Taylor Swain. (pl, ) (Entered: 03/15/2004)

March 8, 2004

March 8, 2004

15

SCHEDULING ORDER: Amended Pleadings due by 4/16/2004. Joinder of Parties due by 4/16/2004. Motions due by 4/22/2005. Discovery due by 1/21/2005. Final Pretrial Conference set for 6/3/2005 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/8/2004) Copies mailed by Chambers.(jsa, ) (Entered: 03/10/2004)

March 9, 2004

March 9, 2004

17

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial. Referred to Magistrate Judge Frank Maas. (Signed by Judge Laura Taylor Swain on 3/8/04) (dg, ) (Entered: 03/24/2004)

March 17, 2004

March 17, 2004

18

ENDORSED LETTER addressed to Hon. Frank Maas from Nora E. Curtin dated 3/22/04 re: request for an adjournment of the settlement conference.The Settlement Conference is adjourned to 4/30/2004 at 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Frank Maas on 3/29/04) (yv, ) (Entered: 03/31/2004)

March 31, 2004

March 31, 2004

20

AFFIRMATION of Lois M. Traub in Support re: [19] MOTION to Dismiss..(nite dep. box) Document filed by Fairmont Hotels and Resorts, Inc.. (pa, ) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

21

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Fairmont Hotels and Resorts, Inc..(nite dep. box)(pa, ) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

22

MEMORANDUM OF LAW in Support re: [19] MOTION to Dismiss. (nite dep. box). Document filed by Fairmont Hotels and Resorts, Inc.. (pa, ) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

Minute Entry for proceedings held before Judge Frank Maas : Settlement Conference held on 4/30/2004. (cd, ) (Entered: 05/18/2004)

April 30, 2004

April 30, 2004

23

ORDER; Each side shall be limited to twenty depositions unless there has been a showing of good cause to take additional depositions. On or before May 14, 2004, the intervenor plaintiffs shall turn over to the defendants medical record releases from their treating physicians and mental healthcare professionals. A further telephone conference shall be held on 09/09/04 at 10 a.m. Plaintff's counsel are directed to initiae the call; (Signed by Judge Frank Maas on 04/30/04) copies forwarded by Chambers.(djc, ) (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

24

DECLARATION of Nora E. Curtin in Support.of its memo of law in opposition to deft Fairmont motion to dismiss for lack of personal jurisdiction and to furnish the court with exhibits to the memo of law. Document filed by Equal Employment Opportunity Commission. (pa, ) (Entered: 05/10/2004)

May 7, 2004

May 7, 2004

25

MEMORANDUM OF LAW in Opposition re: [19] MOTION to Dismiss.. Document filed by Equal Employment Opportunity Commission. (pa, ) (Entered: 05/10/2004)

May 7, 2004

May 7, 2004

26

REPLY MEMORANDUM OF LAW in Support to [19] MOTION to Dismiss. Document filed by Fairmont Hotels and Resorts, Inc. (db, ) (Entered: 05/18/2004)

May 14, 2004

May 14, 2004

27

AFFIDAVIT of Terence P. Badour in Further Support of [26] Reply Memorandum of Law in Support of Motion. Document filed by Fairmont Hotels and Resorts, Inc. (db, ) (Entered: 05/18/2004)

May 14, 2004

May 14, 2004

28

ORDER denying [19] Motion to Dismiss . (Signed by Judge Laura Taylor Swain on 8/13/2004) Copies mailed by Chambers.(jsa, ) (Entered: 08/16/2004)

Aug. 13, 2004

Aug. 13, 2004

Minute Entry for proceedings held before Judge Frank Maas : Telephone Conference held on 9/9/2004. Discovery issues addressed. (jco, ) (Entered: 09/14/2004)

Sept. 9, 2004

Sept. 9, 2004

29

ORDER, that on or before 9/16/04, the Plaza Hotel may submit a letter-appliation detailing the reasons why the EEOC investigative report should be produced despite EEOC's assertion of privilege. On or before 9/23/04, the EEOC shall respond, as further set forth in this document. A further telephone conference shall be held on 1/6/05, at 10 am. Plntf's counsel are directed to initiate the call. (Signed by Judge Frank Maas on 9/9/04) copies sent by chambers.(cd, ) (Entered: 09/14/2004)

Sept. 10, 2004

Sept. 10, 2004

Set/Reset Hearings: Telephone Conference set for 1/6/2005 10:00 AM before Magistrate Judge Frank Maas. (cd, ) (Entered: 09/14/2004)

Sept. 10, 2004

Sept. 10, 2004

30

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Nora E. Curtin dated 9/23/04. I have reviewed the letters concerning the defendants' application preliminarily, concluding that I should inspect the documents at issue in camera. I also note that there is no affidavit from an appropriate individual at the EEOC establishing the legitmacy of, and basis for, the privilege claimed. *Accordingly, the EEOC is directed to provide an affidavit (to be served on Ms. Traub and Mr. Stumer) and the underlying documents (ex parte). These submission shall be made within ten days. * I note that this gap may result from my direction that the defendant hotel submit a letter application to which the EEOC would respond. (Signed by Judge Frank Maas on 10/1/04) (kw, ) (Entered: 10/07/2004)

Oct. 4, 2004

Oct. 4, 2004

31

NOTICE of Appearance by Sunu P. Chandy on behalf of Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Equal Employment Opportunity Commission, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed (pl, ) (Entered: 10/15/2004)

Oct. 8, 2004

Oct. 8, 2004

32

DISCOVERY ORDER; for the reasons set forth on this Order, the EEOC's letter-request that the Hotel be required to either produce additional materials set forth on its privilege log or waive its sixth affirmative defense is denied. (Signed by Judge Frank Maas on 10/20/2004) (jp, ) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

33

ENDORSED LETTER addressed to Judge Maas from Mark Sturner dated 10/21/2004 re: granting counsels request to proceed with the deposition of Mr. Mamun on 11/19/2004. (Signed by Judge Frank Maas on 10/21/2004) (jp, ) (Entered: 10/26/2004)

Oct. 22, 2004

Oct. 22, 2004

34

ANSWER to Amended Complaint. Document filed by Fairmont Hotels and Resorts, Inc. Related document: [5] Amended Complaint filed by Equal Employment Opportunity Commission.(kw, ) (Entered: 11/04/2004)

Oct. 29, 2004

Oct. 29, 2004

35

ANSWER to Intervenor Complaint. Document filed by Fairmont Hotels and Resorts, Inc. (kw, ) (Entered: 11/04/2004)

Oct. 29, 2004

Oct. 29, 2004

36

ENDORSED LETTER addressed to Magistrate Judge Maas from Kam S.Wong and Sunu Chandy dated 10/27/2004 re: The clear impact of the Hotel's objections to the EEOC's application was that documents created by outside counsel after 4/26/2002, were not a part of the investigation asserted as an affirmative defense. Accordingly, the documents on the Hotel's privilege log need not be produced. The Hotel obviously cannot rely trial on any document witheld on privilege grounds or which has not been produced. The EEOC's concern seems therefore misplaced. So ordered. (Signed by Judge Frank Maas on 10/28/2004) (jsa, ) (Entered: 11/04/2004)

Oct. 29, 2004

Oct. 29, 2004

37

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Sunu Chandy dated 12/9/04; re: My direction at the conference was not as narrow as defendants suggest. Indeed, I indicated that anything which could servce as a "backdrop" for the depositions was discoverable. Accordingly, to the extent they have not already done so, defendants are to produce any disciplinary files, performance evalutions, and documents concerning the witnesses' cessation of employment. (Signed by Judge Frank Maas on 12/9/04) (sac, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

Minute Entry for proceedings held before Judge Frank Maas : Telephone Conference held on 1/6/2005.(Discovery issues addressed) (jeh, ) (Entered: 01/11/2005)

Jan. 6, 2005

Jan. 6, 2005

38

ORDER. On or before 1/14/05, the Plaza Hotel shall submit a letter to him detailing the reasons why the EEOC's two additional proposed claimants should not be permitted to participate in this action. On or before 1/21/05, the EEOC shall respond. On or before 1/20/05, the defendants shall produce to the plaintifffs, "for attorney's eyes only," copies of the defendants' year end financial statements for 2003. A further telephone conference shall be held on 3/1/2005 at 02:00 PM. Plaintiffs' counsel are directed to initiate the call (Signed by Judge Frank Maas on 1/6/05) Copies sent by Chambers.(yv, ) (Entered: 01/12/2005)

Jan. 7, 2005

Jan. 7, 2005

40

LETTER addressed to Magistrate Judge Frank Maas from Sunu Chandy dated 1/21/05 re: Plaintiffs request that the Court required Defedants to produce their 2004 financial statement, in addition to the 2003 documents. Document filed by Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed, Equal Employment Opportunity Commission, Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal.(sac, ) (Entered: 02/08/2005)

Jan. 23, 2005

Jan. 23, 2005

39

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Judith Stoll dated 1/21/05 re: counsel for dfts request that the court deny plaintiffs' request for production of the 2004 financial statement for attorneys eys only.. The financial material was sought in relation to the EEOC's punitive damages claim, not with regard to collectability. The sale is a changed circumstance which warrants the production of the 2004 statements within 30 days after they are finalized. Finally, I do not read the EEOC's use of the phrase "at this time" as a suggestion that the EEOC intends to flout my order, but, rather, simply as a reservation of its rights to make an application to Judge Swain in connection with the trial. (Signed by Judge Frank Maas on 1/24/05) (dle, ) (Entered: 01/31/2005)

Jan. 25, 2005

Jan. 25, 2005

41

ORDER. For the reasons further set forth in this Order, the EEOC is granted leave to add Waheed Gill and Mohammed Azad, but not Sayed Rahmani, provided that the 2 new claimants are deposed prior to 2/28/05 and on condition that, in the event of an award in their favor, the Hotel will be reimbursed for the reasonable cost of their depositions. Furthermore, the request for clarification is granted, but the Court finds that the defendants in question are not defendants in the intervenor action, and denies the request to add them now (Signed by Judge Frank Maas on 2/7/05) Copies sent by Chambers.(yv, ) (Entered: 02/09/2005)

Feb. 7, 2005

Feb. 7, 2005

42

ENDORSED LETTER addressed to Judge Maas from Sunu Chandy dated 2/11/05: I am award of Rule 54(d)(1). My ruling was not made purs to that Rule, but in an attempt to ameliorate, to a certain extent, the EEOC's belated designation of claimants. I also fail to see any ambiguity if either Gill or Azad are awarded a judgment....Finaly, I stress that this requirement was intended, in part, to send a message to the EEOC, which evidently got lost in translation. (Signed by Judge Frank Maas on 2/14/05) (cd, ) (Entered: 02/17/2005)

Feb. 14, 2005

Feb. 14, 2005

44

MEMORANDUM OF LAW in Support re: [43] MOTION to Set Aside.. Document filed by Equal Employment Opportunity Commission. (jmi, ) (Entered: 03/03/2005)

Feb. 22, 2005

Feb. 22, 2005

45

DECLARATION of Sunu P. Chandy in Support re: [43] MOTION to Set Aside.. Document filed by Equal Employment Opportunity Commission. (jmi, ) (Entered: 03/03/2005)

Feb. 22, 2005

Feb. 22, 2005

47

MEMORANDUM OF LAW in Opposition re: [43] MOTION to Set Aside.. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (ll, ) (Entered: 03/09/2005)

Feb. 28, 2005

Feb. 28, 2005

46

ENDORSED LETTER addressed to Magistrate Judge Maas from Loios M. Traub dated 2/28/2005 re: the telephone conference will be held on 3/18/2005 at 11:00am. (Signed by Judge Frank Maas on 2/28/2005) (jsa, ) (Entered: 03/07/2005)

March 3, 2005

March 3, 2005

Set Deadlines/Hearings: Telephone Conference set for 3/18/2005 11:00 AM before Magistrate Judge Frank Maas. (jsa, ) (Entered: 03/07/2005)

March 3, 2005

March 3, 2005

48

ENDORSED LETTER addressed to Mag. Judge Frank Maas from Mark B. Stumer, Esq. dated 3/11/05 re: We will begin the Conf. 5/19 @11:00 a.m. and continue in the afternoon if necessary. My settlement procedures are attached. (Signed by Judge Frank Maas on 3/11/05) (pl, ) (Entered: 03/16/2005)

March 14, 2005

March 14, 2005

Minute Entry for proceedings held before Judge Frank Maas : Status Conference held on 3/18/2005. Discovery issues addressed. (pf, ) (Entered: 03/23/2005)

March 18, 2005

March 18, 2005

49

NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc, ) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

50

ORDER REFERRING CASE to Mediation...referring action to the Clerk to assign the above-entitled action to mediation. This case is referred for mediation, provided it can be mediated on one ( or more) of the following dates: April 14, 15, or 20 or May 2,3,or 6, 2005. (Signed by Judge Frank Maas on 3/18/2005) (jsa, ) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

51

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Judith A. Stoll dated 4/1/05 re: requesting an extension of the briefing schedule and permission to exceed the length of memoranda of law. Plaintiffs' opposition to motion for summary judgment due by 6/3/2005. Defendants' Reply due by 7/1/2005. Defendants may file and serve a consolidated brief of no more than 50 pages, and a reply brief of no more than 20 pages. Plaintiff's opposition brief shall not exceed 50 pages. (Signed by Judge Laura Taylor Swain on 4/4/05) Copies Mailed By Chambers.(kw, ) (Entered: 04/11/2005)

April 7, 2005

April 7, 2005

52

NOTICE OF MOTION for Summary Judgment, dismissing the Amended Complaint and the Complaint in Intervention in their entirety or for such other and further relief as this Court deems to be just, proper and equitable. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (mde, ) (Entered: 04/28/2005)

April 22, 2005

April 22, 2005

53

MEMORANDUM OF LAW in Support re: [52] MOTION for Summary Judgment.. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (mde, ) (Entered: 04/28/2005)

April 22, 2005

April 22, 2005

54

AFFIRMATION of Lois M. Traub in Support re: [52] MOTION for Summary Judgment.. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (mde, ) (Entered: 04/28/2005)

April 22, 2005

April 22, 2005

55

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Mark B. Stumer dated 6/1/05 re: The pretrial conference is adjourned to 7/25/05 at 11:45 a.m. Counsel shall either make a formal motion (serve on Mr. Ahmed and counsel for other parties, with dice precautions or to privilege issues), or serve and file a stipulation concerning relief from the representation if Mr. Ahmed is consulting and signs such a stipulation. (Signed by Judge Laura Taylor Swain on 6/2/05) Copies Faxed By Chambers.(sac, ) (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

56

CONSENT DECREE AND JUDGMENT settling action. (Signed by Judge Laura Taylor Swain on 6/7/05) (ml, ) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

Mailed notice of Right to Appeal re: [56] Consent Judgment and to Attorney(s) of Record: Katherine Elizabeth Bissell, Sunu P. Chandy, Nora Ellen Curtin, Elizabeth Anne Grossman, Judith A. Stoll, Mark B. Stumer, Kam Sau Wong. (lma, ) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

57

ORDER that Mr. Ahmed shall submit to the Court (by mailing to Chambers of The Honorable Laura Tayor Swain, Thurgood Marshall United States Courthouse #1205, New York, NY 10007) and shall serve on the Stumer firm, but NOT on defense or EEOC counsel, his written opposition, if any, to the Stumer firm's motion to be relieved. Any such opposition papers must be sent so as to be received by 6/30/05; that the Court will decide the Stumer firm's motion based on the written submissions; that Intervenor Plaintiff Ahmed's deadline for submitting opposition papers to the pending motion for Summary Judgment is extended pending further order of the Court; that the Stumer firm shall cause copies of this Order to be delivered to Mr. Ahmed by overnight mail and by regular mail. (Signed by Judge Laura Taylor Swain on 6/9/052) "Copies Faxed By Chambers"(jco, ) (Entered: 06/16/2005)

June 10, 2005

June 10, 2005

59

ORDER;... Mr. Ahmed shall cause a notice of appearance by new counsel or a notice of appearance pro se to be filed and served on counsel for the Plaza Hotel and Fairmont Hotels and Resorts, Inc., no later than 09/30/05....; (Signed by Judge Laura Taylor Swain on 6/27/05) (djc, ) (Entered: 06/29/2005)

June 28, 2005

June 28, 2005

61

ORDER: the final pre-trial conference set for 7/25/05 at 11:45 a.m. is adjourned pending further order of the Court. This case remains referred to Magistrate Judge Frank Maas for general pre-trial supervision. (Signed by Judge Laura Taylor Swain on 7/13/05) Copies Faxed by Chambers. (db, ) (Entered: 07/15/2005)

July 14, 2005

July 14, 2005

62

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Tulun Ahmed dated 9/16/05 re: Counsel writes to request from the Court an extension of sixty days to find new counsel. Plaintiff Ahmed's deadline to file a notice of appearance by new counsel or pro se is extended to 10/31/05 and will not be extended further. The parties shall appear for a pretrial conference on 11/8/05, at 4:30 p.m. in Courtroom 1305, United States Courthouse, 40 Centre Street, NY NY. Plaintiff is reminded that all of his communications with the Court must be copied to defense counsel. So Ordered. (Signed by Judge Laura Taylor Swain on 9/21/05) "Copies Mailed By Chambers".(jco, ) (Entered: 09/23/2005)

Sept. 22, 2005

Sept. 22, 2005

Minute Entry for proceedings held before Judge Laura Taylor Swain : Pretrial Conference held on 11/8/2005. Pltf Tulun Ahmed to file notice of appearance by 11/18/05- if not timely filed, pltf's claim will be dismissed w/prejudice. Deft to notify Court as to whether they will meet with MJ. Deft to submit revised summary judgment motion. (jco, ) (Entered: 11/15/2005)

Nov. 8, 2005

Nov. 8, 2005

64

NOTICE of Appearance of Tulun Ahmed (djc, ) Modified on 11/18/2005 (kkc, ). (Entered: 11/17/2005)

Nov. 14, 2005

Nov. 14, 2005

63

ORDER: Settlement Conference set for 1/23/2006 at 02:00 PM before Magistrate Judge Frank Maas. (Signed by Judge Laura Taylor Swain on 11/15/2005) Copies Mailed By Chambers.(lb, ) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

Minute Entry for proceedings held before Judge Frank Maas : Settlement Conference held on 1/23/2006. (sac, ) (Entered: 01/26/2006)

Jan. 23, 2006

Jan. 23, 2006

65

ORDER OF DISCONTINUANCE; this action is hereby discontinued with prejudice and without costs provided that within 30 days of the date of this order, counsel may apply by letter for restoration of the action. (Signed by Judge Frank Maas on 1/23/06) (kco, ) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: June 8, 2008

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

Fairmont Hotel Management LP, Private Entity/Person

Fairmont Hotels and Resorts, Inc. , Private Entity/Person

The Plaza Hotel , Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 525000

Order Duration: 2005 - 2008

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Indian