Case: EEOC v. THE MELROSE HOTEL

1:04-cv-07514 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 23, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

In September 2004, the New York District Office of the EEOC filed this lawsuit against Melrose Hotel Company, Inc., MHC Barbizon, L.P., and Berwind Property Group, Ltd. in the U.S. District Court for the Southern District of New York, alleging discrimination on the basis of national origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged the managers and employees at The Melrose Hotel New York in Manhattan harassed complainants with an En…

In September 2004, the New York District Office of the EEOC filed this lawsuit against Melrose Hotel Company, Inc., MHC Barbizon, L.P., and Berwind Property Group, Ltd. in the U.S. District Court for the Southern District of New York, alleging discrimination on the basis of national origin, Hispanic, in violation of Title VII of the Civil Rights Act of 1964. The complaint specifically alleged the managers and employees at The Melrose Hotel New York in Manhattan harassed complainants with an English-only rule, subjected them to verbal abuse, infringed upon other terms and conditions of employment, and subjected them to discharge and retaliation. Following some discovery, the parties settled the lawsuit in March 2006 through a consent decree.

The three-year decree, containing agreements not to discriminate, retaliate, or require only the use of the English language in the workplace, required the defendant to: report on complaints and make other compliance reports, keep records, allow the EEOC access for monitoring compliance, develop its anti-discrimination policy, distribute notice of employee rights, provide EEO training, notify the EEOC if they will own, operate, or manage a hotel in New York City again, provide modifications of their non-discrimination policies to the EEOC for approval, and pay $80,000 to be distributed among 13 individuals.

Summary Authors

David Friedman (4/9/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12079541/parties/equal-employment-opportunity-commission-v-melrose-hotel-company-inc/


Judge(s)

Hellerstein, Alvin K. (New York)

Attorney for Plaintiff

Adams, Raechel Lee (New York)

Rose, Robert David (New York)

Attorney for Defendant

D'Angelo, Christopher A (New York)

Documents in the Clearinghouse

Documents in this case

1:04-cv-07514

Docket (PACER)

Equal Employment Opportunity Commission v. Melrose Hotel Company, Inc. et al

March 21, 2006

March 21, 2006

Docket
1

1:04-cv-07514

Complaint

Equal Employment Opportunity Commission v. Melrose Hotel Company, Inc. et al

Sept. 23, 2004

Sept. 23, 2004

Complaint
31

1:04-cv-07514

Consent Decree

Equal Employment Opportunity Commission v. Melrose Hotel Company, Inc. et al

March 21, 2006

March 21, 2006

Settlement Agreement

1:04-cv-07514

EEOC Litigation Settlements - March 2006

EEOC v. Melrose Hotel Co., Inc., MHC Barbizon, L.P., and Berwind Property Group, Ltd.

No Court

May 19, 2006

May 19, 2006

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12079541/equal-employment-opportunity-commission-v-melrose-hotel-company-inc/

Last updated Nov. 3, 2026, 10:24 p.m.

Docket for: Equal Employment Opportunity Commission v. Melrose Hotel Company, Inc.
ECF Number Date Description Link
1 Sept. 23, 2004

COMPLAINT against Berwind Property Group, Ltd., MHC Barbizon, L.P., Melrose Hotel Company, Inc. Document filed by Equal Employment Opportunity Commission.(db, ) Additional attachment(s) added on 9/24/2004 (db, ). (Entered: 09/23/2004)

RECAP
Sept. 23, 2004

Magistrate Judge Michael H. Dolinger is so designated. (db, ) (Entered: 09/23/2004)

PACER
Sept. 23, 2004

SUMMONS ISSUED as to Berwind Property Group, Ltd., MHC Barbizon, L.P., Melrose Hotel Company, Inc. (db, ) (Entered: 09/23/2004)

PACER
Sept. 23, 2004

Case Designated ECF. (db, ) (Entered: 09/24/2004)

PACER
Sept. 23, 2004

Case Designated ECF. (gf, ) (Entered: 09/27/2004)

PACER
Sept. 23, 2004

Magistrate Judge Michael H. Dolinger is so designated. (db, )

Sept. 23, 2004

SUMMONS ISSUED as to Berwind Property Group, Ltd., MHC Barbizon, L.P., Melrose Hotel Company, Inc. (db, )

Sept. 23, 2004

Case Designated ECF. (db, )

Sept. 23, 2004

Case Designated ECF. (gf, )

2 Dec. 10, 2004

RULE 7.1 DISCLOSURE STATEMENT. Document filed by MHC Barbizon, L.P..(D'Angelo, Christopher) (Entered: 12/10/2004)

RECAP
3 Dec. 10, 2004

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Melrose Hotel Company, Inc..(D'Angelo, Christopher) (Entered: 12/10/2004)

RECAP
4 Dec. 10, 2004

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Berwind Property Group, Ltd..(D'Angelo, Christopher) (Entered: 12/10/2004)

RECAP
5 Dec. 10, 2004

ANSWER to Complaint. Document filed by MHC Barbizon, L.P..(D'Angelo, Christopher) (Entered: 12/10/2004)

RECAP
6 Dec. 10, 2004

ANSWER to Complaint. Document filed by Melrose Hotel Company, Inc..(D'Angelo, Christopher) (Entered: 12/10/2004)

RECAP
7 Dec. 10, 2004

MOTION to Dismiss Complaint. Document filed by Berwind Property Group, Ltd.. Responses due by 12/24/2004 Return Date set for 1/14/2004 09:30 AM. (Attachments: # 1 Affidavit of Christopher A. D'Angelo)(D'Angelo, Christopher) (Entered: 12/10/2004)

RECAP
8 Dec. 10, 2004

BRIEF re: 7 MOTION to Dismiss Complaint.. Document filed by Berwind Property Group, Ltd..(D'Angelo, Christopher) (Entered: 12/10/2004)

RECAP
9 Jan. 5, 2005

STIPULATION: plaintiffs time to respond to defendant Berwind Property Group, Ltd.'s motion to dismiss is extended to 1/14/05. (Signed by Judge Alvin K. Hellerstein on 1/5/05) (db, ) (Entered: 01/07/2005)

RECAP
Jan. 5, 2005

Set/Reset Deadlines as to 7 MOTION to Dismiss. Responses due by 1/14/2005 (db, )

10 Jan. 14, 2005

ORDER; withdrawing 7 Motion to Dismiss, on consent, pending discovery without prejudice. (Signed by Judge Alvin K. Hellerstein on 1/14/05) (sac, ) (Entered: 01/14/2005)

RECAP
11 Jan. 14, 2005

CASE MANAGEMENT PLAN: Amended Pleadings due by 3/28/2005. Joinder of Parties due by 2/28/2005. Discovery due by 9/14/2005. Case Management Conference set for 10/14/2005 10:00 AM before Judge Alvin K. Hellerstein. See Document for further Scheduling Deadlines. (Signed by Judge Alvin K. Hellerstein on 1/14/05) (sac, ) (Entered: 01/14/2005)

RECAP
Jan. 14, 2005

Minute Entry for proceedings held before Judge Victor Marrero : Interim Pretrial Conference held on 1/14/2005. Next conf set for 10/14/05 at 10:00 a.m. (kw, ) (Entered: 01/21/2005)

PACER
Jan. 14, 2005

Set Deadlines/Hearings: Pretrial Conference set for 10/14/2005 at 10:00 AM before Judge Alvin K. Hellerstein. (kw, ) (Entered: 01/21/2005)

PACER
Jan. 14, 2005

Minute Entry for proceedings held before Judge Victor Marrero : Interim Pretrial Conference held on 1/14/2005. Next conf set for 10/14/05 at 10:00 a.m. (kw, )

Jan. 14, 2005

Set Deadlines/Hearings: Pretrial Conference set for 10/14/2005 at 10:00 AM before Judge Alvin K. Hellerstein. (kw, )

12 March 18, 2005

ANSWER to Complaint. Document filed by Berwind Property Group, Ltd..(D'Angelo, Christopher) (Entered: 03/18/2005)

RECAP
13 March 31, 2005

STIPULATION AND ORDER that shall govern the procedures to be followed when handling confidential materials in this matter. (Signed by Judge Alvin K. Hellerstein on 3/31/05) (dle, ) (Entered: 04/04/2005)

RECAP
14 May 18, 2005

MOTION for Raechel L. Adams to Appear Pro Hac Vice. Document filed by Equal Employment Opportunity Commission. (jco, ) (Entered: 05/23/2005)

RECAP
15 June 20, 2005

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert Rose, Raechel Adams, Christopher D'Angelo and Jane Calvin dated 6/9/05 re: counsel for parties jointly submit discovery disputes. My rulings are made in the text, alongside each numbered section. (Signed by Judge Alvin K. Hellerstein on 6/20/05) (dle, ) (Entered: 06/21/2005)

RECAP
16 June 30, 2005

ORDER Plaintiff's motion for reconsideration denied. Discovery of a defendant's assets is not relevant to any issue of the lawsuit, F.R.C.P. 26(b)(1), and may not be had pre-judgment. See Clause v. Danker, 254 F. Supp 246, 249 (S.D.N.Y. 1967); Bank of China v. NBM L.L.C., 2001 WL 604083 (S.D.N.Y.); Bank v. Nuro Trans. Corp., 62 A.D. 2d 942, 404 N.Y.S. 2d 7,8 (1st Dept. 1978). I have made no ruling regarding bifurcation. Counsel is also cautioned against ex parte letter writing. So Ordered. (Signed by Judge Alvin K. Hellerstein on 6/30/05) (jco, ) (Entered: 07/01/2005)

RECAP
July 20, 2005

Set Deadlines/Hearings: Discovery due by 12/14/2005. (jco, ) (Entered: 07/21/2005)

PACER
July 20, 2005

Set Deadlines/Hearings: Discovery due by 12/14/2005. (jco, )

17 July 21, 2005

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein dated 7/19/05 re: Counsel jointly submit request to extend the fact discovery completion date until 12/14/05. So Ordered, with amendment noted on p. 2. No further adjournments. (Signed by Judge Alvin K. Hellerstein on 7/20/05) (jco, ) (Entered: 07/21/2005)

RECAP
18 Nov. 17, 2005

ORDER that deft's discovery requests, as outline and explained in the jointletter, are denied. (Signed by Judge Alvin K. Hellerstein on 11/17/05) (cd, ) (Entered: 11/17/2005)

RECAP
19 Dec. 5, 2005

STIPULATION; re: withdrawal and discontinuance of motion to dismiss. (Signed by Judge Alvin K. Hellerstein on 12/5/05) (pl, ) (Entered: 12/06/2005)

RECAP
20 Dec. 6, 2005

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Christopher A. D'Angelo dated 12/5/05 re: all dft's arguments were previously made. I decline to reconsider my ruling. The order is not appropriate for 28 U.S.C. section 1292(b) certificates. (Signed by Judge Alvin K. Hellerstein on 12/6/05) (pl, ) (Entered: 12/07/2005)

RECAP
21 Dec. 20, 2005

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert D. Rose, etc. dated 12/16/05 re: defendants renew their request that the 11/10/2005 letter be filed with the Clerk's Office, to be made part of the record in this case. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/20/05) (kco, ) (Entered: 12/21/2005)

RECAP
22 Dec. 28, 2005

NOTICE of Joint Letter (filed with permission) re: 18 Order, 21 Endorsed Letter, Set Deadlines,,. Document filed by Equal Employment Opportunity Commission, Melrose Hotel Company, Inc., MHC Barbizon, L.P., Berwind Property Group, Ltd.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Calvin, Jane) (Entered: 12/28/2005)

RECAP
23 Dec. 28, 2005

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert Rose, Christopher D'Angelo, Raechel Adams and Jane Calvin dated 12/22/05 re: counsel for plaintiff requests that dfts' request to dismiss William Gomez as a claimant should be denied. The parties shall stipulate a reasonable extension of discovery schedule and fix a date certain for the deposition of Willie Gomez. (Signed by Judge Alvin K. Hellerstein on 12/27/05) (dle, ) (Entered: 12/29/2005)

RECAP
24 Jan. 5, 2006

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Raechel L. Adams and Christopher A. D'Angelo dated 1/3/06; re: Settlement Conference set for 2/3/2006 at 9:30 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 1/5/06) (sac, ) (Entered: 01/06/2006)

RECAP
25 Feb. 2, 2006

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from counsel from all parties dated 2/2/06 re: suggestion pf settlement having been made, this action is dismissed, subject to restoration by either party within thirty (30) days on notice, The Clerk is directed to close this case. (Signed by Judge Alvin K. Hellerstein on 2/2/06) (db, ) (Entered: 02/03/2006)

RECAP
26 Feb. 7, 2006

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert D. Rose re: The order conveys in affect previous sufficient jurisdictional flexability to the Courts and the parties to entertain the consent decree when filed and to retain jurisdiction to enforce the same. Motion DENIED. (Signed by Judge Alvin K. Hellerstein on 2/6/06) (kco, ) (Entered: 02/07/2006)

RECAP
28 March 8, 2006

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from C. D'Angelo, J. Calvin, R. Adams and R. Rose dated 3/1/06 re: counsel for parties requests the scheduling of a status conference. The 30 day period is enlarged to 4/10/06. A conference will be considered if and when needed. (Signed by Judge Alvin K. Hellerstein on 3/7/06) (dle, ) (Entered: 03/08/2006)

RECAP
31 March 21, 2006

CONSENT DECREE AND JUDGMENT settling action. (Signed by Judge Alvin K. Hellerstein on 3/20/06) (Attachments: # 1 Notice of Right to Appeal)(ml, ) (Entered: 03/24/2006)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 23, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Berwind Property Group, Ltd.

Melrose Hotel Company, Inc.

MHC Barbizon, L.P.

Case Details

Causes of Action:

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

Other Dockets:

Southern District of New York 1:04-cv-07514

Available Documents:

Complaint (any)

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:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Retaliation Prohibition

Amount Defendant Pays: 800000

Order Duration: 2003 - 2006

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Indian

EEOC-centric:

Direct Suit on Merits

Recommended Citation