Case: Tesorov v. Simat, Helliesen

1:97-cv-07176 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 24, 1997

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On September 24, 1997, five female employees filed a U.S. district court lawsuit in the Southern District of New York under Title VII of the Civil Rights Act of 1964, against airline consulting firm Simat, Helliesen & Eichner (SH&E) and Reed Elseveir, a publishing company affiliated with SH&E. The plaintiffs, represented by private counsel, claimed that they were subjected to a sexually hostile work environment at SH&E's Manhattan headquarters. Specifically, four of the plaintiffs alleged that …

On September 24, 1997, five female employees filed a U.S. district court lawsuit in the Southern District of New York under Title VII of the Civil Rights Act of 1964, against airline consulting firm Simat, Helliesen & Eichner (SH&E) and Reed Elseveir, a publishing company affiliated with SH&E. The plaintiffs, represented by private counsel, claimed that they were subjected to a sexually hostile work environment at SH&E's Manhattan headquarters. Specifically, four of the plaintiffs alleged that they were sexually harassed by SH&E's former president, while the fifth plaintiff claimed she was harassed by a male co-worker. One plaintiff claimed she was discharged in retaliation for reporting the harassment, and another was forced to quit because of the working conditions.

Also on September 24, 1997, the Equal Employment Opportunity Commission filed a similar complaint on behalf of the same plaintiffs in the Southern District of New York against SH&E and Reed (see EEOC v. Simat, Helliesen, & Eichner, Inc.). The two cases were consolidated for discovery purposes April 27, 1998, and were litigated almost entirely together. The EEOC also filed an additional, related complaint on September 20, 2000 (see EEOC v. Simat, Hellisen, & Eichner, Inc.). This third action was litigated separately.

On June 10, 2002, one of the named plaintiffs in this case reached a settlement with the defendants and was awarded $150,000. The remaining plaintiffs and the consolidated actions were not otherwise affected by this settlement agreement.

On February 18, 2003 , Judge Kimba M. Wood approved a consent decree in favor of the four remaining plaintiffs, who were awarded $2,300,000. Defendants were enjoined against discriminating in violation of Title VII and were required to implement a sexual harassment training program for managerial employees. Defendants were further required to actively seek qualified female applicants to fill their professional positions. The consent decree remained in effect for two years.

Summary Authors

Jennifer Gitter (4/23/2013)

Related Cases

EEOC v. Simat, Helliesen, & Eichner, Inc., Southern District of New York (1997)

EEOC v. Simat, Hellisen, and Eichner, Inc., Southern District of New York (2000)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11541306/parties/tesoro-v-simat-helliesen/


Judge(s)

Wood, Kimba Maureen (New York)

Attorney for Plaintiff

Frank, James Stuart (New York)

Attorney for Defendant

Bernstein, Robert Harris (New York)

Documents in the Clearinghouse

Documents in this case

1:97-cv-07176

Docket [PACER]

Tesoro, et al v. Simat, Helliesen, et al

Feb. 18, 2003

Feb. 18, 2003

Docket

1:97-cv-07168

Docket [PACER]

EEOC v. Simat, et. al.

Feb. 18, 2003

Feb. 18, 2003

Docket

1:97-cv-07168

EEOC Litigation Settlement Report - February 2003

EEOC v. Simat, Helliesen & Eichner, Inc., and Reed Elsevier, Inc

No Court

Feb. 14, 2002

Feb. 14, 2002

Press Release
44

1:97-cv-07168

Consent Decree

EEOC v. Simat, Helliesen & Eichner, Reed Elsevier Inc.

June 5, 2002

June 5, 2002

Settlement Agreement

1:97-cv-07176

1:97-cv-07168

EEOC Press Release

EEOC v. SH & E and Reed Telepublishing

No Court

Feb. 26, 2003

Feb. 26, 2003

Press Release

Student Memo on Consolidation

EEOC v. Simat, Helliesen & Eichner, Inc., and Reed Elsevier, Inc

No Court

None

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11541306/tesoro-v-simat-helliesen/

Last updated Sept. 29, 2026, 7:30 p.m.

Docket for: Tesoro v. Simat, Helliesen
ECF Number Date Description Link
1 Sept. 24, 1997

CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 297690 (bm) (Entered: 09/26/1997)

RECAP
Sept. 24, 1997

Magistrate Judge Dolinger is so Designated. (bm) (Entered: 09/25/1997)

PACER
Sept. 24, 1997

Magistrate Judge Ellis is so Designated. (bm)

2 Oct. 15, 1997

Affidavit of service as to Reed Telepublishing by Ms. Smith, managing agent on 10/7/97; Answer due on 10/27/97 for Reed Telepublishing (ae) (Entered: 10/17/1997)

RECAP
3 Oct. 20, 1997

STIPULATION and ORDER, reset answer due for 11/10/97 for David Treitel, for Reed Telepublishing, and for Simat, Helliesen ( signed by Judge Shira A. Scheindlin ). (kw) (Entered: 10/21/1997)

RECAP
4 Oct. 27, 1997

ORDER for Initial Pretrial Conference: set pretrial conference for 4:30 11/24/97 (signed by Judge Shira A. Scheindlin) Copies mailed (djc) (Entered: 10/28/1997)

RECAP
5 Nov. 10, 1997

ANSWER to Complaint by Simat, Helliesen, Reed Telepublishing, David Treitel (Attorney Kenneth W. DiGia), (sac) (Entered: 11/13/1997)

RECAP
6 Nov. 10, 1997

Rule 1.9 certificate filed by Simat, Helliesen, Reed Telepublishing, David Treitel (sac) (Entered: 11/13/1997)

RECAP
Nov. 24, 1997

Pre-trial conference held (rag)

8 Nov. 26, 1997

SCHEDULING ORDER: Defendants anticipate deposing all such witnesses no later than April 30, 1998; plaintiffs anticipate deposing all such witnesses no later than 4/30/98; parties to serve initial document requests by December 12, 1997; plaintiffs shall supply all expert's reports to defendants by April 30, 1998; defendants shall supply all expert's reports to plaintiffs by May 29, 1998; defendants shall depose plaintiffs' expert witnesses by June 30, 1998; plaintiffs shall depose defendants' expert witnesses by July 17, 1998; discovery cutoff 7/17/98; the date by which plaintiff will supply its pre-trial order matters to defendant is August 14, 1998; Pretrial order, together with trial briefs and proposed voir dire questions and jury instructions to be submitted on or before 9/11/98; final Pretrial conference for 4:30 7/16/98 ; (signed by Judge Shira A. Scheindlin); Copies mailed (djc) (Entered: 12/02/1997)

RECAP
7 Nov. 28, 1997

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. ( signed by Judge Shira A. Scheindlin ) Referred to Magistrate Judge Kevin N. Fox. (kw) (Entered: 11/28/1997)

RECAP
9 March 31, 1998

Notice of reassignment _ to Judge Kimba M. Wood Copy of notice and judge's rules mailed to Attorney(s) of record: Kenneth W. DiGia, James S. Frank . (bm) (Entered: 04/02/1998)

RECAP
10 April 27, 1998

ORDER; that Robert H. Bernstein, Esq. and Carmen J. DiMaria, Esq. are admitted to the bar of this Court for the purposes of representing defts in this litigation ; ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (ls) (Entered: 04/28/1998)

RECAP
11 April 27, 1998

ORDER, all fact discovery is to be completed by 8/31/98 ; plntfs are to designate their expert witnesses and provide the information required under FRCP 26(a)(2)(B) by 8/31/98. Defts are to provide the equivalent information by 9/30/98. All remaining expert witness discovery is to be completed by 11/17/98. No further extensions of these deadlines should be expected ; set joint pretrial order due for 1/11/99, unless a potentially dispositive motion has been served and filed by that date ; all discovery is consolidated with 97 cv 7168 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (cd) Modified on 04/30/1998 (Entered: 04/29/1998)

RECAP
April 27, 1998

ORDER, set pretrial conference for 10:00 a.m. on 6/10/98 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (Original entry is docketed in 97 civ. 7168 as doc. #10) (kw) Modified on 04/28/1998

12 April 29, 1998

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/After Initial Case Management Conference held by District Judge and Discovery Motion or other Motion which does not require a report and recommendation ( signed by Judge Kimba M. Wood ); Referred to Magistrate Judge Michael H. Dolinger (sac) (Entered: 04/30/1998)

RECAP
July 10, 1998

ORDER, the conference has been adjourned to 7/15/98 at 2:00 p.m. Any request for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (original docketed in 97cv7168, doc #11) (cd)

July 17, 1998

ORDER; defts are to produce within two weeks (1) documents sufficient to show the date when Reed acquired an ownership interest in or control of Simat, Helliesen & Eichman, Inc. ("SH&E") and the date when it relinquished such ownership or control; (2) all documents reflecting any participation by Reed officers, employees or other agents in decisions affecting compensation, pay structure, or other personnel matters at SH&E; (3) all documents reflecting a policy or practice concerning the role of Reed officers, employees or other agents, in determining personnel policies or decisions affecting SH&E; (4) all documents relating to any complaints by SH&E employees about compensation, pay structure, sexual harassment or retaliation, and (5) all documents received by Reed Telepublishing or Reed Travel concerning sexual harassment or retaliation by any officers, employees or other agents of any Reed entity during the period when Reed had an ownership interest in or control of SH&E. At this time the Court will not order production of documents reflecting compensation structure or policies or individual salary or benefit decisions pertaining only to employees of Reed entities other than SH&E. This ruling may be reexamined upon a showing of need by pltff ; the parties are to produce all other documents that they had agreed to produce by 7/24/98 ; all fact discovery is to be completed by 10/30/98 ; pltffs are to designate their expert witnesses and provide the information required under FRCP 26(a)(2)(B) by 11/16/98. Defts are to provide the equivalent information by 12/7/98. All remaining expert witness discovery is to be completed by 12/31/98 ; the parties are to submit a joint pre-trial order by 2/1/99, unless a potentially dispositive motion has been served and filed by that date ; the Court will conduct a telephone status conference with counsel for the parties on Friday, 7/31/98 at 10:00 a.m. ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (orig. entry filed in 97 Civ. 7168, doc. #12) (sac) Modified on 07/20/1998

Aug. 5, 1998

ORDER, that the documents required to be produced by deft pursuant to our 7/16/98 order are to be made available, in their entirety, by no later than 8/21/98. No further extensions should be expected ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (original docketed in 97cv7168, doc #13) (cd)

13 Sept. 14, 1998

Filed Memo Endorsement on letter to Mag. Judge Dolinger from Stephanie Jacqueney, dated 8/13/98, there is no obligation on the part of Radio City Productions to produce the enclosed questionaire ( signed by Magistrate Judge Michael H. Dolinger ) (cd) (Entered: 09/15/1998)

RECAP
Sept. 14, 1998

CONFIDENTIALITY ORDER, regarding procedures that will govern the handling of confidential information ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (original docketed in 97cv7168, doc #14) (cd) Modified on 09/16/1998

Sept. 14, 1998

ORDER, within seventy-two hours after the court enters a protective order, defendants are to produce all previously withheld documents, and also are to produce in unredacted form any non-privileged documents previously produced in redacted form ; counsel for both sides are to provide to each other the dates on which their clients are available for depositions and are to negotiate a prompt deposition schedule. If that task cannot be completed by close of business on 9/11/98, counsel are to inform the court, which will then conduct a conference at which it will establish a deposition schedule. The prior schedule for completion of discovery and other pre-trial proceedings remains in force ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (Original entry is docketed in 97 civ. 7168 as doc. #15) (kw) Modified on 09/16/1998

Nov. 9, 1998

ORDER, defendants may, at their resumed deposition of plaintiff Rosemary Barenz, ask solely the listed questions concerning the preparation of Exhibit D-1 as set forth in this Order; the previous schedule for completion of pre-trial proceedings remains in effect ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (orig. doc. filed in case #97 civ. 7168, doc. #16) (ae)

14 Dec. 21, 1998

Filed Memo-Endorsement on letter addressed to Mag. Judge Dolinger from Robert H. Bernstein, dated 12/16/98; based on our in camera review of these redacted memoranda produced for pltff and their unredacted versions, we conclude that the redacted material is entirely irrelevant. Accordingly, no relief is warranted ( signed by Magistrate Judge Michael H. Dolinger ) (sac) (Entered: 12/22/1998)

RECAP
Dec. 23, 1998

ORDER, the employment documents of Ms. Tesoro are to be produced by 12/24/98 ; regarding the depositions as set forth in this document ; all fact discovery, except as noted, is deemed to have been completed ; set joint pretrial order due for 2/16/99, unless a potentially dispositive motion has been served by that date ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (Original entry is docketed in 97 civ. 7168 as doc. #17) (kw)

15 Feb. 9, 1999

Transcript of record of proceedings filed for dates of 12/15/98 at 5:20pm before Mag. Judge Dolinger. (ri) (Entered: 02/16/1999)

RECAP
Feb. 18, 1999

Filed Memo-Endorsement on letter toMag. Judge Dolinger from Mark D. Lurie dated 02/17/99, reset defendants' dispositive motion filing deadline for 3/3/99 (signed by Magistrate Judge Michael H. Dolinger); Original docmt dktd in case no. 97 cv 7168, docmt #18. (djc)

March 15, 1999

ORDER, set telephone conference for 11:00 3/22/99. Counsel for defts is directed to make the necessary arrangements for the conference call ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (original docketed in 97cv7168, doc #19) (cd) Modified on 03/16/1999

March 23, 1999

ORDER; that defts are to serve their summary jdgmt. motion by no later than 4/12/99; that pltffs are to serve their responding papers by no later than 5/12/99; reply papers, if any, are to be served by no later than 5/21/99 ; ( signed by Magistrate Judge Michael H. Dolinger ); copies mailed; orig. doc. fld. in case no. 97 Civ. 7168 (KMW) (ls)

16 April 13, 1999

NOTICE OF MOTION by Simat, Helliesen, David Treitel for summary judgment purs. to FRCP 56(b), Return date not indicated (cd) (Entered: 04/14/1999)

RECAP
17 April 13, 1999

AFFIDAVIT in support of Robert Bernstein by Simat, Helliesen, David Treitel Re: [16-1] motion for summary judgment purs. to FRCP 56(b) (cd) (Entered: 04/14/1999)

RECAP
18 April 13, 1999

RULE 56.1 STATEMENT filed by Simat, Helliesen, David Treitel (cd) (Entered: 04/14/1999)

RECAP
19 April 13, 1999

RULE 56.1 STATEMENT filed by Reed Telepublishing (cd) Modified on 06/01/1999 (Entered: 04/14/1999)

RECAP
20 April 13, 1999

MEMORANDUM by Simat, Helliesen, Reed Telepublishing, David Treitel in support of [16-1] motion for summary judgment purs. to FRCP 56(b) (cd) (Entered: 04/14/1999)

RECAP
May 7, 1999

Filed Memo-Endorsement on letter addressed to Magistrate Judge Dolinger from James Frank, dated 5/6/99; pltffs response to defts' motion reset to 5/26/99 for [16-1] motion for summary judgment purs. to FRCP 56(b) ; defts may serve and file reply papers within ten days after receipt of pltffs' papers. ( signed by Magistrate Judge Michael H. Dolinger ). (orig. entry filed in 97 Civ. 7168, doc. #21) (sac)

May 13, 1999

Filed Memo-Endorsement on letter addressed to Magistrate Judge Dolinger from Robert H. Bernstein, dated 5/11/99; counsel for the defts writes to request that the Court reconsider its 5/6/99 Order granting pltffs request for an extension of time to serve opposition papers to defts summary judgment motion. Reconsideration denied. If defts counsel requires additional time to prepare reply papers, he may take until 6/30/99 to do so ( signed by Magistrate Judge Michael H. Dolinger ). Original document filed under case number 97 cv 7168, document number 22. (jp)

May 26, 1999

RESPONSE by EEOC Re: defts Simat, Helliesen & Eichner, Inc's and David Treitel's Statement of Undisputed Material Facts Purs.t o Local Rule 56.1; orig. doc. fld. in case no. 97 Civ. 7168 (ls)

May 26, 1999

RESPONSE by EEOC Re: deft Reed Elsiver Inc's Statement of Undisputed Facts urs.t o Local Rule 56.1; orig. doc. fld. in case no. 97 Civ. 7168 (ls)

May 26, 1999

RESPONSE AND MEMORANDUM OF LAW by EEOC in opposition to defts' motion for summary jdgmt.; orig. doc. fld. in case no. 97 Civ. 7168 (ls)

May 26, 1999

DECLARATION of Rose R. McKiernan in opposition defts' motion for summary jdgmt.; orig. doc. fld. in case no. 97 Civ. 7168 (ls) Modified on 05/28/1999

21 May 27, 1999

AFFIDAVIT of James S. Frank by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda in opposition to Re: [16-1] motion for summary judgment purs. to FRCP 56(b) (pl) (Entered: 05/28/1999)

RECAP
22 May 27, 1999

MEMORANDUM OF LAW by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt in opposition to [16-1] motion for summary judgment purs. to FRCP 56(b) (pl) (Entered: 05/28/1999)

RECAP
23 May 27, 1999

COUNTER STATEMENT OF UNDISPUTED MATERIAL FACTIS PRUSUANT TO RULE 56.1 filed by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt (pl) (Entered: 06/01/1999)

RECAP
24 May 27, 1999

RESPONSE by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt Re: [19-1] Defendant Reed Elsevier Inc.'s Statement of Undisputed Material Facts Pursuant To Local Rule 56.1 (pl) (Entered: 06/01/1999)

RECAP
25 May 27, 1999

RESPONSE by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt Re: [18-1] to Dft's Simat, Helliesen & Eichner, Inc.'s and David Treitel's Statement of Undisputed Material Facts pursuant to Local Rule 56.1; accompanied by exhibits to the affidavit of James S. Frank Volume I & Volume II (pl) (Entered: 06/01/1999)

RECAP
June 30, 1999

SUPPLEMENTAL AFFIDAVIT of Robert H. Bernstein by Simat, Helliesen, Reed Telepublishing in support in Further support of [16-1] motion for summary judgment purs. to FRCP 56(b). Orig. docmt dktd in case no. 97 cv 7168, docmt #27. (djc)

June 30, 1999

REPLY MEMORANDUM of LAW by Simat, Helliesen, Reed Telepublishing in Further Support of [16-1] motion for summary judgment purs. to FRCP 56(b); Orig. docmt dktd in case no. 97 7168, docmt #28. (djc)

Jan. 16, 2001

REPORT AND RECOMMENDATIONS of Magistrate Judge Michael H. Dolinger Re: [16-1] motion for summary judgment purs. to FRCP 56(b); It is recommended that defendants' summary jdugment motion be denied except with respect to (1) the claims of Barenz, Keating and Bradt for gender discrimination in pay, (2) the claims of plaintiffs (except Tesoro) for discrimination in promotions or, more generally, job opportunities, (3) plaintiffs' state-law claims against Reed Elsevier, (4) Bradt's federal claims against Reed Elsevier, and (5) plaintiffs' request for front pay; Objections to R and R due by 1/30/01. (original docmt dktd in case no. 97 cv 7168, docmt #29) (djc)

Jan. 24, 2001

Memo-Endorsement on letter addressed to Judge Wood from Mark D. Lurie, dated 01/23/01; Defendants' Objections reset to 2/23/01 for [0-1] report and recommendations. No further extensions are likely ; ( signed by Judge Kimba M. Wood ); Copies mailed. (original docmt dktd in case no. 97 cv 7168, docmt #30) (djc)

26 Feb. 23, 2001

OBJECTION by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt to [0-1] report and recommendations (pl) (Entered: 02/26/2001)

RECAP
27 Feb. 23, 2001

AFFIDAVIT of Judith S. Rogh by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt in support of [26-1] objection . (pl) (Entered: 02/26/2001)

RECAP
28 Feb. 23, 2001

OBJECTION by Simat, Helliesen, Reed Telepublishing, David Treitel to [0-1] report and recommendations (pl) (Entered: 02/26/2001)

RECAP
Feb. 23, 2001

OBJECTIONS by plaintiffs re: to [29−1] report and recommendations; original document filed in 97cv7176 as document #26. (pl) (Entered: 02/26/2001)

PACER
Feb. 23, 2001

AFFIDAVIT of Judith S. Rogh by plaintiffs in support of [0−1] objection; original filed in 97cv7176 as document #27. (pl) (Entered: 02/26/2001)

PACER
Feb. 23, 2001

OBJECTIONS by defendants to [29−1] report and recommendations; original docketed in 97cv7176 as document #28. (pl) (Entered: 02/26/2001)

PACER
Feb. 26, 2001

OBJECTION AND MEMORANDUM OF LAW IN SUPPORT OF ITS OBJECTIONS by the E.E.O.C. to [0-1] report and recommendations. (Original document filed under 97 cv 7168 as Doc. #32) (sn)

March 23, 2001

RESPONSE by E.E.O.C. Re: dft's objections to the Report and Recommendation of Mag. Judge Dolinger; original document docketed in 97cv7168 as document #35. (pl) (Entered: 03/26/2001)

PACER
March 23, 2001

REPLY by Simat, Helliesen, Reed Telepublishing Re: [32−1] objection; original document docketed in 97cv7176 as document #34. (pl) Modified on 03/26/2001 (Entered: 03/26/2001)

PACER
March 23, 2001

AFFIDAVIT of Mark D. Lurie in support of dft's Reply to the EEOC's and the Individual plaintiff's objections to the Mag. Judge's Report & Recommendation; orig. document docketed in 97cv7168 as document #33, (pl) Modified on 03/26/2001

March 23, 2001

MEMORANDUM OF LAW by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt in opposition to [28-1] objection; original document filed in 97cv7168 as document #36. (pl)

May 30, 2001

ORDER, for a general conference on 6/8/01 @10:00 a.m. in Courtroom 17D, 500 Pearl St., NY NY . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (orig. entry docketed in 97 Civ.7168, doc.#37) (kg)

June 11, 2001

ORDER, all proceedings in this case will be stayed until 7/16/01; the parties may apply for an extension of the stay, if needed, by no later than 7/16/01 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed; (orig docketed in 97 cv 7168, doc #38) (cd) Modified on 06/13/2001

36 March 29, 2002

DUPLICATE ORIGINAL ORDER; that for the reasons set forth on this Order, the Court adopts the Report and Recommendation that defts Motion for summary judgment be granted in part and denied in part ; the Clerk of Court is directed to change the caption of the case replacing deft Reed Telepublishing, Ltd. with Reed Elsevier, Inc. ; counsel are directed to submit a proposed scheduling order to Chambers within 21 days of this Order . ( signed by Judge Kimba M. Wood ); Copies mailed. (jp) (Entered: 06/16/2002)

RECAP
March 29, 2002

Terminated document 16-1 pursuant to instructions of Judge Wood as indicated on the CJRA report. (order issued 03/2002 Judge Wood) (rag) Modified on 06/13/2002

29 April 17, 2002

SCHEDULING ORDER: Joint Pretrial order to be submitted on or before 5/31/02; Final Pretrial conference set for 10:00 6/7/02; The parties shall be ready for trial on or after 6/10/02, 2 week jury trial ( signed by Judge Kimba M. Wood ); Copies mailed. (cd) (Entered: 04/18/2002)

RECAP
30 April 24, 2002

NOTICE OF MOTION by Simat, Helliesen, Reed Telepublishing, David Treitel for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendants motion for separate trials for all plaintiffs . Return Date not indicated. (moc) (Entered: 04/30/2002)

RECAP
31 April 24, 2002

MEMORANDUM OF LAW by Simat, Helliesen, Reed Telepublishing, David Treitel in support of [30-1] motion for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendants motion for separate trials for all plaintiffs . (moc) (Entered: 04/30/2002)

RECAP
April 24, 2002

NOTICE OF MOTION by David Treitel, Simat, Helliesen, Reed Telepublishing for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendant's motion for separate trials for all plaintiffs . Return Date not indicated. Original document filed in 97cv7176 (KMW), Doc # 30. (moc) (Entered: 04/30/2002)

PACER
April 24, 2002

MEMORANDUM OF LAW by David Treitel, Simat, Helliesen, Reed Telepublishing in support of [0−1] motion for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendant's motion for separate trials for all plaintiffs. Original document filed in 97cv7176 (KMW), Doc # 31. (moc) (Entered: 04/30/2002)

PACER
April 25, 2002

Memo-Endorsement on letter addressed to Judge Wood from Christopher M. Farella, dated 4/23/02; Re: defendants requests a one-day adjournment of the due date for the severance/separate trial motion; reset defendant's pretrial motion filing deadline for 4/24/02 . ( signed by Judge Kimba M. Wood ); Copies mailed; orig. document docketed in 97cv7168 as document #40. (pl)

41 May 6, 2002

MEMORANDUM OF LAW by E.E.O.C. in opposition to [0−1] motion for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendant's motion for separate trials for all plaintiffs . (bai) (Entered: 05/08/2002)

PACER
May 6, 2002

MEMORANDUM OF LAW by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating, Brenda Bradt in opposition to [30-1] motion for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendants motion for separate trials for all plaintiffs . (origional filed in 97cv7168 doc#41). (bai)

32 May 15, 2002

MEMO-ENDORSEMENT on Plaintiffs and EEOC's Preliminary witness chart in compliance with the Court's 4/16/02 Pre-Trial Conference direction and 4/16/02 Order; that the Court notes that all parties may wish to present more voluminous testimony than this Court expects to be appropriate. The Court will decide at trial the appropriate length of each witness' testimony. The Court notes that trial before a Mag. Judge is likely to give the parties more flexibility in selecting the trial dates . ( signed by Judge Kimba M. Wood ); Copies mailed. (pl) Modified on 05/20/2002 (Entered: 05/20/2002)

RECAP
42 May 15, 2002

Memo−Endorsement on letter addressed to Judge Wood from Robert H. Bernstein, dated 5/13/02. Re: defendants writes in pursuant to The Court's instruction. The Court reserves the right to curtain testimony, pursuant to FRCP 1, at trial, on behalf of plaintiffs and defendants . ( signed by Judge Kimba M. Wood ); Copies mailed. (kw) (Entered: 05/23/2002)

PACER
May 15, 2002

MEMO−ENDORSEMENT on Plaintiffs' and EEOC's Preliminary witness chart in compliance with the Court's 4/16/02 Pre−Trial Conference Direction and 4/16/02; that the Court notes that all parties may wish to present more voluminous testimony than this Court expects to be appropriate. The Court will decide at trial the appropriate length of each witness' testimony. The Court notes that trial before a Mag. Judge is likely to give the parties more flexibility in selecting the trial dates . ( signed by Judge Kimba M. Wood ); Copies mailed; orig. document docketed in 97cv7168 as document #32. (pl) (Entered: 05/20/2002)

PACER
May 15, 2002

Memo-Endorsement on letter addressed to Judge Wood from Robert H. Bernstein, dated 5/13/02. Re: defendants writes in pursuant to The Court's instruction. The Court reserves the right to curtain testimony, pursuant to FRCP 1, at trial, on behalf of plaintiffs and defendants . ( signed by Judge Kimba M. Wood ); Copies mailed. (Original entry is docketed in 97 civ. 7168 as doc. #42). (kw)

43 May 23, 2002

ORDER, that a conference has been scheduled on 5/28/02, at 11:00 a.m., at which time the parties are directed to appear in Courtroom 17D, 500 Pearl Street, New York, NY 10007−1312 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) (Entered: 05/28/2002)

PACER
May 23, 2002

ORDER, that a conference has been scheduled on 5/28/02, at 11:00 a.m., at which time the parties are directed to appear in Courtroom 17D, 500 Pearl Street, New York, NY 10007-1312 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. ORIGINAL ENTERED IN CASE NO. 97cv7168(KMW), DOC. NO. 43. (tp)

33 May 24, 2002

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. ( signed by Judge Kimba M. Wood ) (kkc) (Entered: 05/28/2002)

RECAP
May 24, 2002

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. ( signed by Judge Kimba M. Wood ) Original document filed under case no. 97cv7176 (KMW), doc. #33. (kkc) (Entered: 05/28/2002)

PACER
June 4, 2002

Status Conference held before Magistrate Judge Michael H. Dolinger. (ph) (Entered: 06/12/2002)

PACER
June 4, 2002

Status Conference held before Magistrate Judge Michael H. Dolinger. (ph)

44 June 5, 2002

ORDER; that a settlement conference has been scheduled in the action on Tuesday, June 4, 2002, at 9:30 a.m. in Courtroom 17D, 500 Pearl Street, New York, NY ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (jco) (Entered: 06/07/2002)

PACER
June 5, 2002

ORDER; that a settlement conference for 9:30 a.m. on 6/4/02 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. Original document filed in cse 97cv7168 doc#44. (jco)

34 June 7, 2002

STIPULATION AND ORDER of dismissal pursuant to Rule 41(a)(2) of the FRCP, as to plaintiff Brenda Bradt with prejudice and without costs to any party. ( signed by Judge Kimba M. Wood ) (tp) (Entered: 06/07/2002)

RECAP
June 10, 2002

Case closed. (djc) (Entered: 06/14/2002)

PACER
June 10, 2002

Case reopened. (Partial Stip. of Dismissal; Case closed out in error). (ae) (Entered: 07/24/2002)

PACER
June 10, 2002

Case closed. (djc) (Entered: 02/03/2003)

PACER
35 June 12, 2002

Memorandum to Docket Clerk: A conference was held in the following case on 6/4/02 before Magistrate Judge Michael H. Dolinger. (ph) (Entered: 06/12/2002)

RECAP
45 June 12, 2002

Memorandum to Docket Clerk: A conference was held in the following case on 6/4/02 before Magistrate Judge Michael H. Dolinger. (ph) (Entered: 06/12/2002)

PACER
37 Nov. 22, 2002

ORDER; The Court approves the establishment of the Tebalake Qualified Settlement Fund shall be carried out forthwith, The Tebalake Qualified Settlement Fund shall be governed by the provisions of the regulations that accompany section 468B of Title 26 of the United States Code. The Court retains continuing jurisdiction over the Tebalake Qualified Settlement Fund and over its Turstee David M. Higgins and any Successor Trustees ; The Court orders that upon receipt by defendants' counsel of an original counterpart of a settlement agreement and general release executed by each Plaintiff, Reed Elsevier, Inc. shall immediately transfer the sum of 2,300,000.00 to the Tebalake Qualified Settlement Fund and as further set forth in this Order . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (jco) (Entered: 11/26/2002)

RECAP
Nov. 22, 2002

Case closed. (jco)

38 Nov. 26, 2002

Memorandum to Docket Clerk: A conference was held on 11/18/02 at 4:30 p.m. before Mag. Judge Dolinger . (ae) Modified on 11/26/2002 (Entered: 11/26/2002)

RECAP
47 Nov. 26, 2002

Memorandum to Docket Clerk: A conference was held on 11/18/02 before Mag. Judge Dolinger . (ae) (Entered: 11/26/2002)

PACER
39 Jan. 27, 2003

NOTICE OF MOTION by Lisa Tesoro, Rosemary Barenz, Tulinda Larsen, Donna Keating for Establishment of Tebalake Qualified Settlement Fund ; Return Date not indicated; (djc) (Entered: 01/31/2003)

RECAP
40 Feb. 18, 2003

STIPULATION AND ORDER of dismissal of the action with prejudice and without costs to either side. The Clerk of Court is directed to close this case. Any pending motions are moot. ( signed by Judge Kimba M. Wood ) Copies mailed by Chambers. (kw) (Entered: 02/20/2003)

RECAP
48 Feb. 18, 2003

CONSENT JUDGMENT: In settlement of this dispute, Reed, on behalf of the defendants, shall pay claimants a total sum of $2,300,000, which sum includes payment of claimants' attorneys' fees and costs. Defendants will not discriminate against any individual because of the individual's sex or subject any employee to sexual harassment as set forth in this document. This Decree will remain in effect for period of two years. The Clerk of Court is directed to close case 97 civ. 7168. Any pending motions are moot. ( signed by Judge Kimba M. Wood ) Entered On Docket: 2/20/03. Copies mailed by chambers. (kw) Modified on 02/24/2003 (Entered: 02/20/2003)

PACER
Feb. 18, 2003

CONSENT JUDGMENT: In settlement of this dispute, Reed, on behalf of the defendants, shall pay claimants a total sum of $2,300,000, which sum includes payment of claimants' attorneys' fees and costs. Defendants will not discriminate against any individual because of the individual's sex or subject any employee to sexual harassment as set forth in this document. This Decree will remain in effect for period of two years. The Clerk of Court is directed to close case 97 civ. 7168. Any pending motions are moot. ( signed by Judge Kimba M. Wood ) Entered On Docket: 2/20/03. Copies mailed by chambers. (Orig. entry is docketed in 97 civ. 7168 as doc. #48). (kw) Modified on 02/24/2003

Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 24, 1997

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five female employees of an airline consulting company who complained of sexual harassment and retaliation.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Reed Elsevier, Inc.

Simat, Helliesen & Eichner, Inc.

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Other Dockets:

Southern District of New York 1:97-cv-07176

No Court 1:97-cv-07168

Available Documents:

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Retaliation Prohibition

Amount Defendant Pays: 2,300,000

Order Duration: 2003 - 2005

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Private Suit Related / Consolidated with EEOC Suit

Recommended Citation