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)

Documents in the Clearinghouse

Document

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

Last updated Sept. 6, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

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)

Sept. 23, 2004

Sept. 23, 2004

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

Sept. 23, 2004

Sept. 23, 2004

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

Sept. 23, 2004

Sept. 23, 2004

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

Sept. 23, 2004

Sept. 23, 2004

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

Sept. 23, 2004

Sept. 23, 2004

2

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

Dec. 10, 2004

Dec. 10, 2004

3

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

Dec. 10, 2004

Dec. 10, 2004

4

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

Dec. 10, 2004

Dec. 10, 2004

5

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

Dec. 10, 2004

Dec. 10, 2004

6

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

Dec. 10, 2004

Dec. 10, 2004

7

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)

Dec. 10, 2004

Dec. 10, 2004

8

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

Dec. 10, 2004

Dec. 10, 2004

9

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)

Jan. 5, 2005

Jan. 5, 2005

10

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)

Jan. 14, 2005

Jan. 14, 2005

11

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)

Jan. 14, 2005

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)

Jan. 14, 2005

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)

Jan. 14, 2005

Jan. 14, 2005

12

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

March 18, 2005

March 18, 2005

13

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)

March 31, 2005

March 31, 2005

14

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

May 18, 2005

May 18, 2005

15

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)

June 20, 2005

June 20, 2005

16

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)

June 30, 2005

June 30, 2005

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

July 20, 2005

July 20, 2005

17

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)

July 21, 2005

July 21, 2005

18

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)

Nov. 17, 2005

Nov. 17, 2005

19

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

Dec. 5, 2005

Dec. 5, 2005

20

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)

Dec. 6, 2005

Dec. 6, 2005

21

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)

Dec. 20, 2005

Dec. 20, 2005

22

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)

Dec. 28, 2005

Dec. 28, 2005

23

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)

Dec. 28, 2005

Dec. 28, 2005

24

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)

Jan. 5, 2006

Jan. 5, 2006

25

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)

Feb. 2, 2006

Feb. 2, 2006

26

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)

Feb. 7, 2006

Feb. 7, 2006

28

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)

March 8, 2006

March 8, 2006

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

MHC Barbizon, L.P. (New York, New York), Private Entity/Person

Melrose Hotel Company, Inc. (New York, New York), Private Entity/Person

Berwind Property Group, Ltd. (New York, New York), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: 800000

Order Duration: 2003 - 2006

Content of Injunction:

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian