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Case: EEOC v. REKREM, INC. d/b/a WHOLE FOODS OF SOHO

1:00-cv-07239 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 25, 2000

Closed Date: March 12, 2002

Clearinghouse coding complete

Case Summary

The New York Office of the EEOC filed this action in the District Court for the Southern District of New York. The Defendant was Rekrem, Inc., doing business as Whole Foods, a retailer of natural and organic foods. The controversy involved the alleged failure of the Defendant to reasonably accommodate a group of Muslim employees who wished to pray during their lunch, as well as alleged discharge on the basis of religion. The lawsuit was filed in September of 2000 and was eventually resolved b…

The New York Office of the EEOC filed this action in the District Court for the Southern District of New York. The Defendant was Rekrem, Inc., doing business as Whole Foods, a retailer of natural and organic foods. The controversy involved the alleged failure of the Defendant to reasonably accommodate a group of Muslim employees who wished to pray during their lunch, as well as alleged discharge on the basis of religion. The lawsuit was filed in September of 2000 and was eventually resolved by consent decree in March of 2002. The complainants attempted to intervene in the case, with ten of them being allowed to do so and one being denied. EEOC v. Rekrem, Inc., 199 F.R.D. 526 (S.D.N.Y. 2001). The original law firm for the defendants attempted to squash a subpoena, which was granted in part and denied in part. EEOC v. Rekrem, Inc., No. 00 CIV. 7239(CBM), 2002 WL 27776 (S.D.N.Y. 2002). The complainants were awarded a total of $715,000. The details of the payments and what injunctive relief was garnered are unknown however as the consent decree is not publicly available.

Summary Authors

Tony Verticchio (7/7/2007)

Documents in the Clearinghouse

Document

1:00-cv-07239

Docket [PACER]

Equal Employment v. Rekrem, Inc.

March 12, 2002

March 12, 2002

Docket
17

1:00-cv-07239

Memorandum Opinion and Order

EEOC v. REKREM, INC., d/b/a Whole Foods of Soho

April 6, 2001

April 6, 2001

Order/Opinion
36

1:00-cv-07239

Memorandum Opinion and Order [Regarding Non-Party JLSK's Motion to Quash]

EEOC and Tazul v. REKREM, Inc. d/b/a Whole Foods in Soho et al.

Jan. 10, 2002

Jan. 10, 2002

Order/Opinion

EEOC Press Release

EEOC v. REKREM, INC., d/b/a Whole Foods of Soho

No Court

Sept. 30, 2002

Sept. 30, 2002

Press Release

Resources

Docket

Last updated Sept. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (em) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

Magistrate Judge Frank Maas is so Designated. (em) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

2

Notice of reassignment to Judge Constance B. Motley . Copy of notice and judge's rules mailed to Attorney(s) of record: Michael J. O'Brien, Elizabeth Grossman, Katherine E. Bissell . (jp) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

3

ORDER; parties in this matter are hereby notified that a pre-trial conf. shall be held on 11/27/00 at 10:00 a.m. in Courtroom 26-A in the U.S. Courthouse at 500 Pearl Street ; ( signed by Judge Constance B. Motley ); Copies mailed. (lf) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

4

NOTICE OF MOTION by Nipu Tazul, Ali Dahhan, Shiek Ahmed, Amhad Eldin Abdou, Rifat Sharmin, Mohammad Ali, Hoshneara Begum, Mohammed Abu Sayed, Malik Issaen, Shoakat Ahmed to intervene by Nipu Tazul, Ali Dahhan, Shiek Ahmed, Amhad Eldin Abdou, Rifat Sharmin, Mohammad Ali, Hoshneara Begum, Mohammed Abu Sayed, Malik Issaen, Shoakat Ahmed . Return date 11/28/00. (rag) (Entered: 11/21/2000)

Nov. 14, 2000

Nov. 14, 2000

5

MEMORANDUM OF LAW by Nipu Tazul, Ali Dahhan, Shiek Ahmed, Amhad Eldin Abdou, Rifat Sharmin, Mohammad Ali, Hoshneara Begum, Mohammed Abu Sayed, Malik Issaen, Shoakat Ahmed in support of [4-1] motion to intervene by Nipu Tazul, Ali Dahhan, Shiek Ahmed, Amhad Eldin Abdou, Rifat Sharmin, Mohammad Ali, Hoshneara Begum, Mohammed Abu Sayed, Malik Issaen, Shoakat Ahmed . (rag) (Entered: 11/21/2000)

Nov. 14, 2000

Nov. 14, 2000

6

PRE-TRIAL SCHEDULE AND ORDER: All discovery shall be concluded by all parties by 5/21/01. Each party's pre-trial memorandum and a joint pre-trial order must be submitted by 6/12/01. The next pre-trial conference shall be held in Room 26A at 10:00 AM on 4/10/01, at which time all pending motions and all pre-trial discovery matters will be heard. The trial will commence on 6/18/01 at 10:00 AM, preceding which there will be a final pre-trial conference in Room 26A. The parties are to meet on or before 2/21/01 and exchange all documents, of any description, relevant to this case. On 3/21/01, the parties are to meet and prepare a schedule of all depositions to be taken during the period 4/2/01 to 4/13/01. A copy of the schedule shall be sent to the Court. There will be no extensions of time granted as to this schedule. All motions to intervene must be filed by 1/8/01. Answers to said motions shall be filed by 1/29/01. Replies are to be filed by 2/12/01. The motions will then be taken on submission. There will be no extensions of time granted. ( signed by Judge Constance B. Motley ); Copies mailed. (sn) Modified on 12/01/2000 (Entered: 12/01/2000)

Nov. 30, 2000

Nov. 30, 2000

7

NOTICE OF MOTION by Saila Sultana; for an Order, purs. to FRCP 24(a) and 42 U.S.C. 2000e-5(f)(1), granting Saila Sultana leave to intervene as of right in this action ; Return date not indicated. Affirmation of Michael B. Lumer in support of motion attached. Received in night deposit on 1/8/01 at 7:21 p.m. (jp) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

8

MEMORANDUM OF LAW by Saila Sultana in support of [7-1] motion for an Order, purs. to FRCP 24(a) and 42 U.S.C. 2000e-5(f)(1), granting Saila Sultana leave to intervene as of right in this action. Received in night deposit on 1/8/01 at 7:21 p.m. (jp) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

9

ANSWER to Complaint by Rekrem, Inc. (Attorney Scott T. Baken from the Firm: Jackson Lewis Schnitzler & Krupman) (filed in night deposit on 1/22/01 @6:14pm) (lam) (Entered: 01/24/2001)

Jan. 22, 2001

Jan. 22, 2001

10

RULE 1.9 CERTIFICATE filed by Rekrem, Inc. (lam) (Entered: 01/24/2001)

Jan. 22, 2001

Jan. 22, 2001

11

MEMORANDUM OF LAW by Rekrem, Inc. in opposition to [4-1] motion to intervene by Nipu Tazul, Ali Dahhan, Shiek Ahmed, Amhad Eldin Abdou, Rifat Sharmin, Mohammad Ali, Hoshneara Begum, Mohammed Abu Sayed, Malik Issaen, Shoakat Ahmed; [7-1] motion for an Order, purs. to FRCP 24(a) and 42 U.S.C. 2000e-5(f)(1), granting Saila Sultana leave to intervene as of right in this action. (Rec'd in night deposit box 1/29/01 11:24 PM) (sn) (Entered: 01/31/2001)

Jan. 29, 2001

Jan. 29, 2001

12

MEMORANDUM OF LAW by Saila Sultana in further support of [7-1] motion for an Order, purs. to FRCP 24(a) and 42 U.S.C. 2000e-5(f)(1), granting Saila Sultana leave to intervene as of right in this action . (djc) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

13

AFFIRMATION of Michael B. Lumer by Saila Sultana in Further Support of [7-1] motion for an Order, purs. to FRCP 24(a) and 42 U.S.C. 2000e-5(f)(1), granting Saila Sultana leave to intervene as of right in this action . (djc) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

16

STIPULATION and ORDER, substituting Dorsey & Whitney LLP in place of Jackson Lewis Schnitzler & Krupman as counsel for defendant Rekrem, Inc., d/b/a Whole Foods of Soho . ( signed by Judge Constance B. Motley ) (kw) (Entered: 04/05/2001)

March 30, 2001

March 30, 2001

15

REVISED PRE-TRIAL SCHEDULE AND ORDER: all discovery shall be concluded by all parties no later than 6/22/01; each party's pre-trial memorandum and a joint pre-trial order must be submitted by 7/13/01; the next pre-trial conference shall be held in Room 26A on 5/8/01 at 11:00 a.m., at which time all pending motions and all pre-trial discovery matters will be heard; the trial will commence on 6/18/01 at 10:00 a.m., preceding which there will be a final pre-trial conference in Room 26A; on 3/21/01, the parties exchanged lists of depositions to be taken. The parties will meet and prepare a schedule of all depositions to be taken during the period 5/7/01 to 5/25/01. A copy of the schedule shall be sent to the Court. No interrogatories are to be served, except those seeking the location or identity of prospective witnesses or depoenents. There will be no further extensions of time granted as to this schedule. ( signed by Judge Constance B. Motley ); Copies mailed. (sac) (Entered: 04/05/2001)

April 5, 2001

April 5, 2001

17

MEMORANDUM OPINION AND ORDER #85425, granting [4-1] motion to intervene by Nipu Tazul, Ali Dahhan, Shiek Ahmed, Amhad Eldin Abdou, Rifat Sharmin, Mohammad Ali, Hoshneara Begum, Mohammed Abu Sayed, Malik Issaen, and Shoakat Ahmed; this court orders that the additional claims alleged in the proposed Tazul complaint be severed from the claims based upon Title VII ; dismissing [7-1] motion for leave to intervene by Saila Sultana, purs. to FRCP 24(a) and 42 U.S.C. 2000e-5(f)(1), as of right in this action and the Sultana proposed intervening complaint. ( signed by Judge Constance B. Motley ); Copies mailed. (kw) Modified on 05/07/2001 (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

18

ORDER, the pretrial conference originally scheduled for 5/8/01 @11:00 a.m. is rescheduled for 5/8/01 @2:30 p.m., in courtroom 26A, 500 Pearl St., NY, NY... ( signed by Judge Constance B. Motley ) (kg) (Entered: 04/25/2001)

April 25, 2001

April 25, 2001

19

PRE-TRIAL SCHEDULE AND ORDER; joinder of other parties and amendments to pleadings must be completed by 6/8/01; all discovery shall be concluded by all parties no later than 1/5/02; each party's pre-trial memorandum and a joint pre-trial order must be submitted by 4/1/02; the next pre-trial conference shall be held in Room 26A on 10/4/01 at 10:00 a.m., at which time all pending motions and all pre-trial discovery matters will be heard; the trial will commence on 4/15/02 at 10:00 a.m., preceding which there will be a final pre-trial conference in Room 26A; the parties are to meet on or before 6/8/01 and exchange all documents, of any description, relevant to this case. Sanctions will be imposed for failure to produce any relevant document; thereafter, on 8/17/01, the parties are to meet and prepare a schedule of all depositions to be taken during the period 9/5/01 to 11/5/01. Documents relating to advise of counsel defense are to be produced by 6/29/01. ( signed by Judge Constance B. Motley ); Copies mailed. (sac) (Entered: 05/09/2001)

May 9, 2001

May 9, 2001

21

NOTICE OF MOTION by Jackson Lewis Schnitzler & Krupman; for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court ; Return date: not indicated. (pl) (Entered: 09/20/2001)

Sept. 7, 2001

Sept. 7, 2001

22

AFFIDAVIT of Scott T. Baken, Esq. in support of [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court . (pl) (Entered: 09/20/2001)

Sept. 7, 2001

Sept. 7, 2001

23

MEMORANDUM OF LAW in support of [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court. (pl) (Entered: 09/20/2001)

Sept. 7, 2001

Sept. 7, 2001

24

AFFIDAVIT of Scott T. Baken, Esq. in support of [21-1] motion for an order to quash Subpoenas Duces Tecum pursuant to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court . (pl) (Entered: 09/20/2001)

Sept. 7, 2001

Sept. 7, 2001

25

ORDER; reset pre-trial conference for 2:00 10/29/01, Courtroom 26A . ( signed by Judge Constance B. Motley ); Copies mailed. (pl) (Entered: 10/01/2001)

Sept. 27, 2001

Sept. 27, 2001

26

PRE-TRIAL SCHEDULE & ORDER: Pretrial conference set for 2:30 12/14/01; The trial will commmence on 4/15/02, at 10:00 am; on 2/14/02, the parties are to meet and prepare a schedule of all depositions to be taken during the period 2/25/02 to 3/29/02; Opposition to motion to quash due 11/16/01 and reply by 11/26/01 ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 11/01/2001)

Oct. 30, 2001

Oct. 30, 2001

Deadline(s) updated: Response to motion reset to 11/16/01 for [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court ; Reply to Response to Motion reset to 11/26/01 for [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court . (cd) (Entered: 11/01/2001)

Oct. 30, 2001

Oct. 30, 2001

27

NOTICE of Change of Address by Equal Employment (indicated on the system) (cd) (Entered: 11/08/2001)

Nov. 6, 2001

Nov. 6, 2001

28

BRIEF by Equal Employment re: in Opposition to Jackson Lewis Schnitzler & Krupman's Motion to Quash the EEOC's Subpoenas Duces Tecum. (djc) (Entered: 11/27/2001)

Nov. 16, 2001

Nov. 16, 2001

29

AFFIDAVIT of Michael J. O'Brien by Equal Employment in support of Subpoena Duces Tecum. (djc) (Entered: 11/27/2001)

Nov. 16, 2001

Nov. 16, 2001

30

BRIEF by Equal Employment in Opposition to [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and Local Rules of this Court. (djc) (Entered: 11/27/2001)

Nov. 16, 2001

Nov. 16, 2001

32

REPLY MEMORANDUM of Law in support of Jackson Lewis Schnitzer & Krupman's [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court (db) (Entered: 12/06/2001)

Dec. 3, 2001

Dec. 3, 2001

33

NOTICE OF MOTION by Equal Employment; for leave to file a Brief in Response to JLSK's Reply Papers on its Motion to Quash the EEOC's Subpoena Duces Tecum to Three of its Attorneys ; Return date not indicated. (djc) (Entered: 01/07/2002)

Jan. 4, 2002

Jan. 4, 2002

34

RESPONSE BRIEF by Equal Employment in Opposition to [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and Local Rules of this Court (djc) (Entered: 01/09/2002)

Jan. 4, 2002

Jan. 4, 2002

35

SUPPLEMENTAL TRANSMITTAL AFFIDAVIT of Michael J.O'Brien by Equal Employment Re: [34-1] opposition response . (djc) (Entered: 01/09/2002)

Jan. 4, 2002

Jan. 4, 2002

36

MEMORANDUM OPINION AND ORDER #86444, granting in part, and denying in part [21-1] motion for an order to quash Subpoenas Duces Tecum pursaunt to Rules 45(c)(3)(A)(iii) and 45(c)(3)(A)(iv) of the F.R.C.P. and the Local Rules of this Court; JLSK shall produce documents in response EEOC requests Nos. 1-4 by 1/18/02 . ( signed by Judge Constance B. Motley ); Copies mailed. (kw) (Entered: 01/14/2002)

Jan. 10, 2002

Jan. 10, 2002

37

ORDER, deft's former counsel shall comply with the court's 1/8 order and produce the documents in question by 2/22/02 ; depositions shall be taken between 3/25/02 and 5/2/02 ; dispositive motions filing deadline for 7/12/02 ; the trial in this matter, if any, shall commence on 9/10/02 ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 01/15/2002)

Jan. 14, 2002

Jan. 14, 2002

38

CONSENT DECREE (JUDGMENT): resolving all claims arising out of the issues between the EEOC, Intervenors, and Rekrem, Inc. in this lawsuit, including, w/out limitations, back, pay, front pay, compensatory and punitive damages, injunctive relief, costs, and attorneys' fees; in settlement of this dispute, Rekrem LLC shall pay to the order of the Intervenors and their attorneys a total of $715,000.00 (see consent judgment for the break down of the payments); each of the parties to this Decree shall bear their respective attorneys' fees and costs;. ( signed by Judge Constance B. Motley ) Entered On Docket: 3/15/02. (ae) (Entered: 03/15/2002)

March 12, 2002

March 12, 2002

Case closed. (ae) (Entered: 03/15/2002)

March 12, 2002

March 12, 2002

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 25, 2000

Closing Date: March 12, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Rekrem, Inc. (New York, NY), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 715000

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit