Case: EEOC v. LE BAR BAT, INC.

1:99-cv-01732 | U.S. District Court for the Southern District of New York

Filed Date: March 9, 1999

Closed Date: May 23, 2002

Clearinghouse coding complete

Case Summary

In March 1999, the New York office of the EEOC brought this suit in United States District Court for the Southern District of New York against Le Bar Bat, Inc., Die Fliedermaus L.L.C., and the individual owner of both companies. The complaint alleged a pattern or practice of racial and sexual harassment in violation of Title VII of the Civil Rights Act.

The alleged victims of the harassment intervened in the suit as plaintiffs. The suit was resolved with a consent judgment in May of 2002. This decree required the defendant to: maintain, post, and distribute a policy on sexual harassment and discrimination, provide training to employees, and refrain from discrimination or retaliation.

Summary Authors

Keri Livingston (10/22/2008)

People


Judge(s)

Sweet, Robert Workman (New York)

Judge(s)

Sweet, Robert Workman (New York)

Documents in the Clearinghouse

Document

1:99-cv-01732

Docket [PACER]

EEOC v. Le Bar Bat, Inc.

Dec. 15, 2003

Dec. 15, 2003

Docket

1:99-cv-01732

1:99-cv-02451

Opinion

E.E.O.C. v. Die Fliedermaus

77 F.Supp.2d 460

Dec. 13, 1999

Dec. 13, 1999

Order/Opinion

1:99-cv-01732

1:99-cv-02451

Opinion

E.E.O.C. v. Le Bar Bat, Inc.

274 B.R. 66

Feb. 26, 2002

Feb. 26, 2002

Order/Opinion
85

1:99-cv-01732

Consent Decree

EEOC v. Le Bar Bat

May 23, 2002

May 23, 2002

Settlement Agreement

Resources

Docket

Last updated Aug. 14, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ USA (bm) (Entered: 03/11/1999)

March 9, 1999

March 9, 1999

Magistrate Judge Ellis is so Designated. (bm) (Entered: 03/11/1999)

March 9, 1999

March 9, 1999

2

NOTICE OF MOTION by Die Fliedermaus dismissing the complaint ; staying the proceeding pending mandatory conciliation bye EEOC Return date not indicated (cd) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

3

MEMORANDUM by Die Fliedermaus in support of [2-1] motion dismissing the complaint, [2-2] motion staying the proceeding pending mandatory conciliation bye EEOC (cd) (Entered: 05/13/1999)

May 12, 1999

May 12, 1999

4

Filed Memo-Endorsement on letter addressed to Judge Sweet from Joyce E. Levowitz, dated 6/4/99; pltff's response to deft's motion reset to 7/2/99 for [2-1] motion dismissing the complaint, reset to 7/2/99 for [2-2] motion staying the proceeding pending mandatory conciliation bye EEOC ; deft's reply to response to motion reset to 7/23/99 for [2-1] motion dismissing the complaint, reset to 7/23/99 for [2-2] motion staying the proceeding pending mandatory conciliation bye EEOC ; the return date will be adjourned until Wednesday, 8/4/99 for [2-1] motion dismissing the complaint, 8/4/99 for [2-2] motion staying the proceeding pending mandatory conciliation bye EEOC. ( signed by Judge Robert W. Sweet ); Copies mailed. (sac) (Entered: 06/18/1999)

June 15, 1999

June 15, 1999

Memo endorsed on motion; granting [2-1] motion dismissing the complaint; granting [2-2] motion staying the proceeding pending mandatory conciliation bye EEOC; no opposition; submit order on notice ( signed by Judge Robert W. Sweet ); Copies mailed. (pl) (Entered: 06/25/1999)

June 24, 1999

June 24, 1999

5

ORDER, the Order of June 23, 1999 is vacated ; Defendant's motion purs to Rule 12(b)(6) to dismiss plaintiff's complaint is now returnable on September 15, 1999. (signed by Judge Robert W. Sweet); Copies mailed. (djc) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

6

NOTICE OF MOTION by Angela Boggs, Kimberly Hawkes, Shereece Holman, Staci Pollard, Rhonda Roenfeldt, Madilyn Wade for an order pursuant to Rules 24(a) and 42(a) FRCP, granting their motion to permit each of them to intervene in the EEOC action based upon the charges they previously filed with the EEOC , return date 8/11/99 at 12:00 noon (affidavit of Elizabeth A. Mason in support attached) (ri) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

7

MEMORANDUM of LAW by Angela Boggs, Kimberly Hawkes, Shereece Holman, Staci Pollard, Rhonda Roenfeldt, Madilyn Wade in support of [6-1] motion for an order pursuant to Rules and 42(a) FRCP, granting their motion to permit each of to intervene in the EEOC action based upon the charges they previously filed with the EEOC (ri) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

8

MEMORANDUM by E.E.O.C. in opposition to [2-1] motion dismissing the complaint (cd) (Entered: 08/03/1999)

July 30, 1999

July 30, 1999

9

DECLARATION of Elizabeth Grossman by E.E.O.C. in support Re: [8-1] opposition memorandum . (cd) (Entered: 08/03/1999)

July 30, 1999

July 30, 1999

10

REPLY MEMORANDUM by Die Fliedermaus re: [2-1] motion dismissing the complaint; and statement in response to pltffs' motion to intervene and consolidate. (jp) (Entered: 08/17/1999)

Aug. 16, 1999

Aug. 16, 1999

Memo endorsed on motion, document number 6; motion adjourned by consent to 9/15/99 for [6-1] motion for an order pursuant to Rules 24(a) and 42(a) FRCP, granting their motion to permit each of them to intervene in the EEOC action based upon the charges they previously filed with the EEOC ( signed by Judge Robert Sweet ); Copies mailed. (jp) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

11

REPLY MEMORANDUM by Die Fliedermaus re: in support of [2-1] motion dismissing the complaint; [2-2] motion staying the proceeding pending mandatory conciliation bye EEOC (ls) (Entered: 08/30/1999)

Aug. 27, 1999

Aug. 27, 1999

12

AFFIDAVIT of Joyce E. Levowitz by Die Fliedermaus in support Re: [2-1] motion dismissing the complaint, [2-2] motion staying the proceeding pending mandatory conciliation bye EEOC (ls) (Entered: 08/30/1999)

Aug. 27, 1999

Aug. 27, 1999

13

RULE 1.9 CERTIFICATE filed by Le Bar Bat, Inc. (sn) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

14

ANSWER to Complaint by Le Bar Bat, Inc. (Attorney Daniel S. Greenfeld from the Firm: Parker, Chapin, Flattau & Klimpl, L.L.P.). (sn) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

15

NOTICE of attorney appearance for E.E.O.C. by Sunu P. Chandy (jp) (Entered: 12/27/1999)

Dec. 22, 1999

Dec. 22, 1999

16

NOTICE of Order of Consolidation by Angela Boggs, Kimberly Hawkes et all on 1/3/00 (cd) (Entered: 01/10/2000)

Jan. 7, 2000

Jan. 7, 2000

18

NOTICE OF ORDER Of Consolidation; that the following actions 99 Civ. 1732 (RWS) and 99 Civ. 2451 (RWS) are consolidated (for all pretrial purposes (as per chmbrs. on 2/7/00)) ; ( signed by Judge Robert W. Sweet ); copies mailed (ls) (Entered: 02/07/2000)

Jan. 26, 2000

Jan. 26, 2000

ANSWER to Complaint by Matt Tortoso (Attorney Daniel S. Greenfeld from the Firm: Morvillo Abramowitz); (orig. docketed in 99cv2451, doc #45) (cd) (Entered: 01/31/2000)

Jan. 28, 2000

Jan. 28, 2000

17

STIPULATION and ORDER; that the time for defts Colin Walsh and Matt Tortoso (in action #99 cv 2451), to answer the complaint is extended to and including 1/31/00, with service upon the pltff's atty to be by facsimile, and that no further extensions to answer the complaint shall be requested . ( signed by Judge Robert W. Sweet ) (jp) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

Pretrial Conference held before Judge Robert W. Sweet . (jp) (Entered: 02/04/2000)

Feb. 2, 2000

Feb. 2, 2000

19

ANSWER to Complaint by Simon Azoulay; (Attorney Joel Spivak from the Firm: The Office of Joel Spivak). (pl) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

20

ANSWER to Complaint by Die Fliedermaus; (Attorney Richard A. Wilsker from the Firm: Ross & Hardies). (pl) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

21

ANSWER to Complaint of Boggs, Hawkes, Holman, Pollard, Roenfeldt and Wade by Die Fliedermaus and Gerald J. Shallo's; (Attorney Richard A. Wilsker from the Firm: Ross & Hardies). (pl) (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

22

ORDER, that the parties shall complete all discovery, inspection and motions by 1/17/01; The parties shall submit to the Court trial briefs, a joint proposed pretrial order, and if applicable, proposed jury charges and voir dire requests in accordance with the annexed form and instructions by 1/30/01; A final pretrial conference will be held on 1/30/01 at 4:30 p.m. and the action shall be added to the trial calendar published in the New York Law Journal . ( signed by Judge Robert W. Sweet ); Copies mailed. (ri) Modified on 06/26/2000 (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

23

NOTICE OF MOTION by Ross & Hardies counsel for defts Die Fliedermaus LLC and Gerald J. Shallo; for an order relieving it and attnys. Richard A. Wilsker, Catherine A. Rogers, and Joyce E. Levowitz, as attnys. of record for defts Die Fliedermaus LLC and Gerald J. Shallo ; and for an order awarding Ros & Hardies the fees and disbursements owed by defts ; Return date not indicated (lf) (Entered: 01/05/2001)

Jan. 4, 2001

Jan. 4, 2001

24

MEMORANDUM OF LAW by Ropss & Hardies' attnys. for deftsDie Fliedermaus LLC and Gerald J. Shallo in support of [23-1] motion for an order relieving it and attnys. Richard A. Wilsker, Catherine A. Rogers, and Joyce E. Levowitz, as attnys. of record for defts Die Fliedermaus LLC and Gerald J. Shallo; [23-2] motion for an order awarding Ros & Hardies the fees and disbursements owed by defts. (lf) (Entered: 01/05/2001)

Jan. 4, 2001

Jan. 4, 2001

25

AFFIDAVIT of Richard A. Wilsker, Esq. by Ross & Hardies attnys. for deftsDie Fliedermaus LLC and Gerald J. Shallo in support of [23-1] motion for an order relieving it and attnys. Richard A. Wilsker, Catherine A. Rogers, and Joyce E. Levowitz, as attnys. of record for defts Die Fliedermaus LLC and Gerald J. Shallo; [23-2] motion for an order awarding Ros & the fees and disbursements owed by defts. (lf) (Entered: 01/05/2001)

Jan. 4, 2001

Jan. 4, 2001

26

STIPULATION and ORDER; regarding procedures that will govern the handling of "Confidential Materials" . ( signed by Judge Robert W. Sweet ) (pl) (Entered: 01/19/2001)

Jan. 18, 2001

Jan. 18, 2001

27

NOTICE OF MOTION by Hoguet Newman & Regal, LLP; for an order granting Hoguet Newman & Regal, LLP's motion to withdraw as counsel for deft Larry Cerrone ; for an award of the Attny fees and disbursements owed to Hoguet Newman & Regal, LLP ; Return date 1/17/01. (lf) Modified on 01/23/2001 (Entered: 01/23/2001)

Jan. 22, 2001

Jan. 22, 2001

29

STIPULATION and ORDER of substituion of counsel; that Annmarie P. Venuti shall be substituted as attorney of record for defts Die Fliedermaus in place and stead of Ross & Hardies ( signed by Judge Robert W. Sweet ) (lam) (Entered: 02/06/2001)

Feb. 2, 2001

Feb. 2, 2001

Memo endorsed on motion; granting [23-1] motion for an order relieving it and attnys. Richard A. Wilsker, Catherine A. Rogers, and Joyce E. Levowitz, as attnys. of record for defts Die Fliedermaus LLC and Gerald J. Shallo; the fee issue will be submitted at the convenience of counsel . ( signed by Judge Robert W. Sweet ); Copies mailed. (kw) (Entered: 02/06/2001)

Feb. 2, 2001

Feb. 2, 2001

Memo endorsed on motion; granting [27-1&2] motion for an order granting Hoguet Newman & Regal, LLP's motion to withdraw as counsel for deft Larry Cerrone; motion granted to withdraw. Fees and disbursements issue to be submitted at the convenience of counsel. So Ordered. ( signed by Judge Robert W. Sweet ); Copies mailed. (jp) (Entered: 02/09/2001)

Feb. 2, 2001

Feb. 2, 2001

30

ORDER; All motions are to be made returnable at 12:00 noon on Wednesday and in compliance with the rules of this the parties shall complete all discovery, inspection and motions by 07/17/01; The parties shall submit to the court trial briefs, a joint proposed pretrial order, and, if applicable, proposed jury charges and voir dire requests in accordance with the annexed form and instructions by 07/24/01; A final pretrial confernce will be held at 4:30 p.m. on 07/24/01 and the action shall be added to the trial calendar published in the New York Law Journal ; ( signed by Judge Robert W. Sweet ); Copies mailed. (djc) Modified on 02/21/2001 (Entered: 02/20/2001)

Feb. 20, 2001

Feb. 20, 2001

31

ORDER; reset discovery due for 7/17/01, as stated during the 1/31/01 court conference . ( signed by Judge Lawrence M. McKenna ); Copies mailed. (pl) (Entered: 02/21/2001)

Feb. 20, 2001

Feb. 20, 2001

32

Memo-Endorsement on letter addressed to Judge Sweet from Annmarie P. Venuti, dated 2/20/01; response to motion reset to 3/8/01 for [23-2] motion for an order awarding Ross & Hardies the fees and disbursements owed by defts (signed by Judge Robert W. Sweet ); Copies mailed. (lam) (Entered: 03/09/2001)

March 7, 2001

March 7, 2001

33

AFFIDAVIT of deft Gerald J. Shallo (case #99cv2451) in opposition to [23-2] motion to award Ross & Hardies the fees and disbursements owed by defts. (lam) (Entered: 03/13/2001)

March 9, 2001

March 9, 2001

34

MEMORANDUM OF LAW filed by Gerald J. Shallo (case #99cv2451) in opposition to [23-2] motion to award Ross & Hardies the fees and disbursements owed by defts. (lam) (Entered: 03/13/2001)

March 9, 2001

March 9, 2001

35

Memo-Endorsement on letter addressed to Judge Sweet from the Law Firm of Ross & Hardies, dated 3/12/01. Re:, former counsel for dft's Die Fliedermaus, L.L.C. and Gerald J. Shallo write to the Court to confirm the teldphone converstioan regarding motion for fees and costs dated 1/3/01; sealing is granted, a copy will be served on counsel for Shallo . ( signed by Judge Robert W. Sweet ); Copies mailed. (pl) (Entered: 03/27/2001)

March 22, 2001

March 22, 2001

36

SEALED DOCUMENT placed in vault. (af) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

37

SEALED DOCUMENT placed in vault. (af) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

38

STIPULATION AND ORDER; substituting AnnMarie P. Venuti, Esq. in place of Ross & Hardies as counsel of record for deft, Gerald J. Shallo. ( signed by Judge Robert W. Sweet ) (sac) (Entered: 04/05/2001)

April 4, 2001

April 4, 2001

39

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gabriel W. Gorenstein. Please note that this is a reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Elizabeth A. Mason, Annmarie P. Venuti, Richard A. Wilsker, Daniel S. Greenfeld, Sunu P. Chandy, Elizabeth A. Grossman. (db) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

40

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Gen. Pretrial/After Initial Case Mgmt. Conference; Referred to Magistrate Judge Gabriel W. Gorenstein. ( signed by Judge Robert W. Sweet ) (pl) (Entered: 04/12/2001)

April 11, 2001

April 11, 2001

41

SEALED DOCUMENT placed in vault. (rp) (Entered: 04/24/2001)

April 24, 2001

April 24, 2001

42

SEALED DOCUMENT placed in vault. (rp) (Entered: 05/31/2001)

May 31, 2001

May 31, 2001

43

SEALED DOCUMENT placed in vault. (wv) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

44

SEALED DOCUMENT placed in vault. (rp) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

45

Memo-Endorsement on letter addressed to Judge Sweet from Sunu P. Chandy, dated 7/5/01; reset discovery cutoff to 9/17/01 on which date the pre-trial order will be filed; no plaintiff will testify without being deposed prior to testimony . ( signed by Judge Robert W. Sweet ); Copies mailed. (pl) (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

Terminated document 23-2 pursuant to instructions of Judge Sweet. (rag) (Entered: 08/06/2001)

Aug. 6, 2001

Aug. 6, 2001

46

ORDER, the EEOC and Intervening plntfs be permitted to depose by videotape Patrick Kelly, ID #45980-054, currently incarcerated in F.P.C. Allenwood, on 8/30 and 31/01, or on alternative dates which are mutually agreeable to the parties ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

Pretrial Conference held before Magistrate Judge Gabriel W. Gorenstein. (kw) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

47

ORDER; that pursuant to Local Rule 1.4 of the United States District Court of the Southern District of New York, it is Ordered that Morvillo, Abramowitz, Grand, Iason & Silberberg P.C.'s motion for leave to withdraw as counsel to Matthew Tortoso is granted . ( signed by Judge Robert W. Sweet ); Copies mailed. (kkc) (Entered: 08/17/2001)

Aug. 16, 2001

Aug. 16, 2001

49

NOTICE OF MOTION by Larry Cerrone for an order purs. to Rule 37 of the F.R.C.P. granting full disclosure and service of all documents, either originals or copies thereof described herein . Return date 8/24/01. Affidavit of Laurent M. Cerrone attached. (sn) (Entered: 08/24/2001)

Aug. 22, 2001

Aug. 22, 2001

50

NOTICE OF MOTION by Le Bar Bat, Inc.; for an Order pursuant to Rule 56(b) of the FRCP granting summary judgment . Return date 9/12/01. Affidavit of Stephen Grabow attached. (kkc) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

51

MEMORANDUM OF LAW by Le Bar Bat, Inc. in support of [50-1] motion for an Order pursuant to Rule 56(b) of the FRCP granting summary judgment. (kkc) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

52

ORDER; all motions are to be made returnable at 12:00 noon on Wed. and in compliance with the rules of this Court. The parties shall complete all discovery, inspection and motions by 11/19/01. The parties shall submit to the court trial briefs, a joint proposed pretrial order, and, if applicable, proposed jury charges and voir dire requests by 12/3/01. A final pretrial conference will be held at 4:30 PM on that date and the action shall be added to the trial calendar published in the NY Law Journal. The parties are directed to be ready for trial the day after the pretrial order is due and, upon receipt of 24-hour telephone notice, on any day thereafter . ( signed by Judge Robert W. Sweet ); Copies mailed. (sn) (Entered: 09/07/2001)

Sept. 6, 2001

Sept. 6, 2001

53

SEALED DOCUMENT placed in vault. (rp) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

54

STIPULATION and ORDER, Return date reset to 10/31/01 [50-1] motion for an Order pursuant to Rule 56(b) of the FRCP granting summary judgment ; Plntf's Response to motion reset to 10/24/01 [50-1] motion for an Order pursuant to Rule 56(b) of the FRCP granting summary judgment ; Deft Le Bar Bat's Reply to Response to Motion reset to 10/30/01 [50-1] motion for an Order pursuant to Rule 56(b) of the FRCP granting summary judgment ( signed by Judge Robert W. Sweet ); (cd) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

Pretrial Conference held before Magistrate Judge Theodore H. Katz. (db) (Entered: 10/17/2001)

Oct. 12, 2001

Oct. 12, 2001

55

NOTICE of appearance by Laurent M. Cerrone (bai) (Entered: 10/17/2001)

Oct. 15, 2001

Oct. 15, 2001

Telephone Conference held before Magistrate Judge Gabriel W. Gorenstein. (kw) (Entered: 10/22/2001)

Oct. 22, 2001

Oct. 22, 2001

56

SEALED DOCUMENT placed in vault. (wv) (Entered: 10/25/2001)

Oct. 25, 2001

Oct. 25, 2001

57

Memo-Endorsement on letter addressed to Judge Sweet from Judy Keenan, dated 10/17/01, EEOC's Response to motion reset to 11/29/01 for [50-1] motion for an Order pursuant to Rule 56(b) of the FRCP granting summary judgment ( signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 11/02/2001)

Nov. 1, 2001

Nov. 1, 2001

59

STIPULATION AND ORDER of dismissal of the action as to deft Le Bar Bati, with prejudice, all claims and causes of action. The parties further stipulate that deft Le Bar Bat hereby withdraws its Motion for Summary Judgment dated 8/28/01, and no party will seek costs, sanctions, or attorneys fees against any other to this stipulation ( signed by Judge Robert W. Sweet ) (cd) (Entered: 11/06/2001)

Nov. 5, 2001

Nov. 5, 2001

60

SEALED DOCUMENT placed in vault. (wv) (Entered: 11/06/2001)

Nov. 5, 2001

Nov. 5, 2001

62

NOTICE of address change filed by E.E.O.C. . (yv) (Entered: 11/07/2001)

Nov. 5, 2001

Nov. 5, 2001

61

SEALED DOCUMENT placed in vault. (wv) (Entered: 11/07/2001)

Nov. 7, 2001

Nov. 7, 2001

63

ORDER; on October 4, 2001, defendant Die Fliedermaus filed a voluntary petition in Bankruptcy under Chapter 11 of the U.S. Bankruptcy Code ; Accordingly, the motion for an entry of judgment against defendant in the amount of $141,685.55 is dismissed as to Die Fliedermaus, L.L.C., and the action against it is dismissed with leave to renew at a later date without imposition of a filing fee . ( signed by Judge Robert W. Sweet ); Copies mailed. (djc) Modified on 11/09/2001 (Entered: 11/09/2001)

Nov. 8, 2001

Nov. 8, 2001

64

STIPULATION AND ORDER of dismissal; that all claims and causes of action of plaintiffs are dismissed with prejudice against defendant Le Bar Bat, Inc., only. Le Bar Bat hereby withdraws its Motion for Summary Judgment dated 8/28/01, and no party will seek costs, sanctions, or attorneys fees against any other to this stipulation. ( signed by Judge Robert W. Sweet ) (tp) Modified on 11/09/2001 (Entered: 11/09/2001)

Nov. 8, 2001

Nov. 8, 2001

66

NOTICE of change of addres by counsel for E.E.O.C. (kw) (Entered: 11/14/2001)

Nov. 8, 2001

Nov. 8, 2001

ORDER; that the Court's 9/5/01 Order is amended to include the following paragraph 2A; Due to the large number of depositions and voluminous document discovery pursued by the parties to this litigation, I hereby find that special circumstances exist such that defense counsel may file any motions for summary judgment on or before 12/3/01 and that the date for submission of the joint pretrial order by all parties is rescheduled to conference by 1/15/02 . ( signed by Judge Robert W. Sweet ); Copies mailed; orig. document docketed in 99cv2451 as document #50 (pl) (Entered: 11/14/2001)

Nov. 8, 2001

Nov. 8, 2001

65

ORDER; that Ross & Hardies may obtain copies of the transcripts of the depositions taken in 99cv1732 and 99cv2451 and use them in the sealed matter relating to Ross & Hardies' motion for fees and costs which is pending before this Court . ( signed by Judge Robert W. Sweet ); Copies mailed. (pl) (Entered: 11/13/2001)

Nov. 13, 2001

Nov. 13, 2001

67

Memo-Endorsement on letter addressed to Judge Sweet from Sunu P. Chandy, dated 10/5/01; granting the EEOC's request for a discovery extension until 2/19/02, and for the pretrial order to be due on 3/6/02 . ( signed by Judge Robert W. Sweet ); Copies mailed. (sn) (Entered: 11/20/2001)

Nov. 19, 2001

Nov. 19, 2001

68

Memo-Endorsement on letter addressed to Judge Sweet from Sunu P. Chandy, dated 10/5/01: Granting counsel for the EEOC requesting that the discovery deadline be extended until 2/19/02; and the pretrial order be due on 3/6/02 . ( signed by Judge Robert W. Sweet ); Copies mailed. (tp) (Entered: 11/27/2001)

Nov. 26, 2001

Nov. 26, 2001

69

NOTICE OF MOTION by E.E.O.C. for an order compelling defendant Die Fliedermaus, L.L.C. to comply with discovery obligations as further set forth in said motion . Declaration of Judy Keenan in support of motion attached. Return date 12/12/01. (db) (Entered: 12/06/2001)

Nov. 28, 2001

Nov. 28, 2001

70

MEMORANDUM OF LAW by E.E.O.C. in support of [69-1] motion for an order compelling defendant Die Fliedermaus, L.L.C. to comply with discovery obligations as further set forth in said motion. (db) (Entered: 12/06/2001)

Nov. 28, 2001

Nov. 28, 2001

71

STIPULATION; that Ross & Hardies application for fees against defendant Gerald J. Shallo, shall and hereby is discontinued in accordance with the settlement agreement reached between the parties; That Ross & Hardies' application for fees against defendant Die Fliedermaus LLC was dismissed by order of this Court dated 11/7/01. ( signed by Judge Robert W. Sweet ) (tp) (Entered: 12/17/2001)

Dec. 12, 2001

Dec. 12, 2001

72

MEMORANDUM OF LAW by Die Fliedermaus in opposition to [69-1] motion for an order compelling defendant Die Fliedermaus, L.L.C. to comply with discovery obligations as further set forth in said motion. (kkc) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

73

AFFIDAVIT of Annmarie P. Venuti by Die Fliedermaus in opposition to [69-1] motion for an order compelling defendant Die Fliedermaus, L.L.C. to comply with discovery obligations as further set forth in said motion. (kkc) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

74

AFFIDAVIT of Gerald J. Shallo by Die Fliedermaus in opposition to [69-1] motion for an order compelling defendant Die Fliedermaus, L.L.C. to comply with discovery obligations as further set forth in said motion. (kkc) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

80

DECLARATION of Judy Keenan by E.E.O.C. in support Re: [75-1] motion to compel discovery regarding affirmative defenses alleging that defendant Die Fliedermaus took prompt remedial action. (djc) (Entered: 03/05/2002)

Dec. 17, 2001

Dec. 17, 2001

75

Notice of Letter MOTION by E.E.O.C. to compel discovery regarding affirmative defenses alleging that defendant Die Fliedermaus took prompt remedial action . No Return date indicated. (db) (Entered: 01/25/2002)

Jan. 23, 2002

Jan. 23, 2002

76

MEMORANDUM OF LAW by Die Fliedermaus in opposition to [75-1] motion to compel discovery regarding affirmative defenses alleging that defendant Die Fliedermaus took prompt remedial action . (db) (Entered: 02/08/2002)

Feb. 6, 2002

Feb. 6, 2002

78

REPLY MEMORANDUM by E.E.O.C. in further support of [75-1] motion to compel discovery regarding affirmative defenses alleging that defendant Die Fliedermaus took prompt remedial action (db) (Entered: 02/15/2002)

Feb. 13, 2002

Feb. 13, 2002

Terminated document 49-1 pursuant to order of Judge Sweet as indicated on the CJRA report. (rag) (Entered: 02/28/2002)

Feb. 28, 2002

Feb. 28, 2002

79

REPLY MEMORANDUM by E.E.O.C. in Further Support of [75-1] motion to compel discovery regarding affirmative defenses alleging that defendant Die Fliedermaus took prompt remedial action; (djc) (Entered: 03/05/2002)

Feb. 28, 2002

Feb. 28, 2002

82

Letter filed by E.E.O.C. addressed to Judge Sweet from Sunu P. Chandy, dated 02/12/02; re: counsel requests an extension of discovery deadline; (djc) (Entered: 03/13/2002)

Feb. 28, 2002

Feb. 28, 2002

81

OPINION #86642, granting in part, denying in part [75-1] motion to compel discovery regarding affirmative defenses alleging that defendant Die Fliedermaus took prompt remedial action, and granting in part, denying in part [69-1] motion for an order compelling defendant Die Fliedermaus, L.L.C. to comply with discovery obligations as further set forth in said motion; the EEOC is permitted to continue discovery to the extent that it is consistent with the principles set forth in this opinion and 11 USC 362 of the Bankruptcy Code. The deadline for discovery will be extended for eight weeks from the date of this opinion . ( signed by Judge Robert W. Sweet ); Copies mailed. (kw) (Entered: 03/06/2002)

March 1, 2002

March 1, 2002

83

Notice of Letter MOTION by E.E.O.C. to compel discovery regarding affirmative defenses alleging that defendant Die Fliedermaus took prompt remedial action . Return date not indicated. Proposed order and exhibits attached. (moc) (Entered: 03/14/2002)

March 11, 2002

March 11, 2002

PRETRIAL CONFERENCE held before Judge Robert W. Sweet . (db) (Entered: 05/06/2002)

April 30, 2002

April 30, 2002

PRETRIAL CONFERENCE set at 6/25/02 before Judge Robert W. Sweet . (db) (Entered: 05/06/2002)

April 30, 2002

April 30, 2002

84

Memorandum to Docket Clerk: pre-trial conference held on 4/30/02 before Judge Sweet, next conference set for 6/25/02. (db) (Entered: 05/06/2002)

May 2, 2002

May 2, 2002

85

CONSENT JUDGMENT; This decree resolves the EEOC's claims as alleged in the complaint as futher set forth in this consent judgment. ( signed by Judge Robert W. Sweet ) Entered On Docket: 5/29/02. (jco) (Entered: 05/29/2002)

May 23, 2002

May 23, 2002

Case closed. (jco) (Entered: 05/29/2002)

May 23, 2002

May 23, 2002

86

STIPULATION of discontinuance; that on 11/98/01, dft. Simon Azoulay declared Chapter 7 Bankruptcy in the Eastern District Court of the State of New York bearing Docket No. 01-23948(DEM). In his petition for Bankruptcy, dft. Simon Azoulay scheduled the six plaintiffs as unsecured creditors based upon their having filed suit against him in this matter; the Bankruptcy case was fully administered and the Court granted a discharge without objection by any creditor on 2/19/02; because of the bankruptcy filing, it is understood that dft. Simon Azoulay has been discharged of any personal liability for the claims filed against him in the federal complaint except as provided by applicable federal and state law including, but not limited to, the Bankruptcy Code, and therefore on this basis plaintiff's hereby agree to discontinue this action against Simon Azoulay, with prejudice; dft. Simon Azoulay agrees that he will continue to submit himself to the jurisdiction of the Court only as agreeing to be treated as a party with regard to testifying at trial- i.e., he need not be subpoenaed as a witness for trial. He may attend the trial as if he still were a defendant. ( signed by Judge Robert W. Sweet ); (pl) Modified on 09/25/2002 (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

87

RESPONSE AND OBJECTIONS to Interrogatories from Laurent M. Cerrone.Document filed by Laurent M. Cerrone.(db, ) Modified on 12/31/2003 (db, ). (Entered: 12/31/2003)

Dec. 15, 2003

Dec. 15, 2003

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 9, 1999

Closing Date: May 23, 2002

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

Laurent M. Cerrone (New York), Private Entity/Person

Die Fliedermaus L.L.C. (New York), Private Entity/Person

Le Bar Bat, Inc (New York), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2005

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit