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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11347230/parties/eeoc-v-le-bar-bat-inc/


Documents in the Clearinghouse

Documents in this case

1:99-cv-01732

Docket [PACER]

Dec. 15, 2003

Dec. 15, 2003

Docket

1:99-cv-02451

1:99-cv-01732

Opinion

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

Dec. 13, 1999

Dec. 13, 1999

Order/Opinion

77 F.Supp.2d 460

1:99-cv-01732

1:99-cv-02451

Opinion

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

Feb. 26, 2002

Feb. 26, 2002

Order/Opinion

274 B.R. 66

85

1:99-cv-01732

Consent Decree

EEOC v. Le Bar Bat

May 23, 2002

May 23, 2002

Settlement Agreement

Student Memo on Consolidation

No Court

None

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11347230/eeoc-v-le-bar-bat-inc/

Last updated Nov. 3, 2026, 10:48 p.m.

Docket for: E.E.O.C. v. Le Bar Bat, Inc.
ECF Number Date Description Link
1 March 9, 1999

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

RECAP
March 9, 1999

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

PACER
March 9, 1999

Magistrate Judge Ellis is so Designated. (bm)

2 May 12, 1999

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)

RECAP
3 May 12, 1999

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)

RECAP
4 June 15, 1999

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)

RECAP
June 24, 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)

PACER
June 24, 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)

5 July 6, 1999

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)

RECAP
6 July 27, 1999

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)

RECAP
7 July 27, 1999

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)

RECAP
8 July 30, 1999

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

RECAP
9 July 30, 1999

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

RECAP
10 Aug. 16, 1999

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)

RECAP
Aug. 23, 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)

PACER
Aug. 23, 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)

11 Aug. 27, 1999

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)

RECAP
12 Aug. 27, 1999

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)

RECAP
13 Sept. 13, 1999

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

RECAP
14 Sept. 13, 1999

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)

RECAP
15 Dec. 22, 1999

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

RECAP
16 Jan. 7, 2000

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

RECAP
18 Jan. 26, 2000

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)

RECAP
Jan. 28, 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)

PACER
Jan. 28, 2000

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

17 Jan. 31, 2000

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)

RECAP
Feb. 2, 2000

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

PACER
Feb. 2, 2000

Pretrial Conference held before Judge Robert W. Sweet . (jp)

Feb. 15, 2000

Terminated documents 2-1; 2-2; 6-1; pursuant to instructions of Judge Sweet. (rag)

19 May 22, 2000

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

RECAP
20 May 22, 2000

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

RECAP
21 May 22, 2000

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)

RECAP
22 June 21, 2000

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)

RECAP
23 Jan. 4, 2001

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)

RECAP
24 Jan. 4, 2001

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)

RECAP
25 Jan. 4, 2001

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)

RECAP
26 Jan. 18, 2001

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

RECAP
27 Jan. 22, 2001

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)

RECAP
28 Jan. 22, 2001

DECLARATION of Melissa L. Weiss by Hoguet Newman & Regal, LLP counsel for deft Larry Cerrone in support Re: [27-1] motion for an order granting Hoguet Newman & Regal, LLP's motion withdraw as counsel for deft Larry Cerrone; [27-2] motion for an award of the Attny fees and disbursements owed to Hoguet Newman & Regal, LLP . (lf) Modified on 01/23/2001 (Entered: 01/23/2001)

RECAP
29 Feb. 2, 2001

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)

RECAP
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)

PACER
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)

PACER
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)

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)

30 Feb. 20, 2001

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)

RECAP
31 Feb. 20, 2001

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)

RECAP
32 March 7, 2001

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)

RECAP
33 March 9, 2001

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)

RECAP
34 March 9, 2001

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)

RECAP
35 March 22, 2001

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)

RECAP
36 April 4, 2001

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

RECAP
37 April 4, 2001

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

RECAP
38 April 4, 2001

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)

RECAP
39 April 11, 2001

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)

RECAP
40 April 11, 2001

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)

RECAP
41 April 24, 2001

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

RECAP
42 May 31, 2001

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

RECAP
43 June 25, 2001

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

RECAP
44 July 12, 2001

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

RECAP
45 July 12, 2001

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)

RECAP
Aug. 6, 2001

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

PACER
Aug. 6, 2001

Terminated document 23-2 pursuant to instructions of Judge Sweet. (rag)

46 Aug. 13, 2001

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)

RECAP
Aug. 15, 2001

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

PACER
Aug. 15, 2001

Pretrial Conference held before Magistrate Judge Gabriel W. Gorenstein. (kw)

47 Aug. 16, 2001

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)

RECAP
48 Aug. 16, 2001

ORDER TO SHOW CAUSE by Matthew Tortoso, Show Cause Hearing set for 10:00 a.m. on 8/15/01; for an Order pursuant to Local Rule 1.4 of the United States District Court of the Southern District of New York permitting Morvillo, Abramowitz, Grand, Iason & Silberberg P.C. to withdraw as counsel to Matthew Tortoso . ( signed Judge John G. Koeltl ); Copies mailed. (kkc) (Entered: 08/17/2001)

RECAP
49 Aug. 22, 2001

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)

RECAP
50 Aug. 29, 2001

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)

RECAP
51 Aug. 29, 2001

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)

RECAP
52 Sept. 6, 2001

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)

RECAP
53 Oct. 1, 2001

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

RECAP
54 Oct. 9, 2001

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)

RECAP
Oct. 12, 2001

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

PACER
Oct. 12, 2001

Pretrial Conference held before Magistrate Judge Theodore H. Katz. (db)

55 Oct. 15, 2001

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

RECAP
Oct. 22, 2001

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

PACER
Oct. 22, 2001

Telephone Conference held before Magistrate Judge Gabriel W. Gorenstein. (kw)

56 Oct. 25, 2001

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

RECAP
57 Nov. 1, 2001

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)

RECAP
58 Nov. 1, 2001

STIPULATION AND ORDER of dismissal as to Plaintiff EEOC's claims against defendant Le Bar Bat, Inc., only, with prejudice. Defendant Le Bar Bat, Inc., withdraws its Motion for Summary Judgment dated August 28, 2001 as to Plaintiff EEOC. Plaintiff EEOC and defendant Le Bar Bat, Inc will each bear their own costs, interest and attorneys fees in connection with the claims and causes of action of Plaintiff EEOC against defendant Le Bar Bat, and in connection with the motion for summary judgment of defendant Le Bar Bat, Inc and neither party will seek costs, sanctions, oir attorneys' fees against any party to this stipulation; ( signed by Judge Robert W. Sweet ) (djc) (Entered: 11/05/2001)

RECAP
59 Nov. 5, 2001

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)

RECAP
60 Nov. 5, 2001

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

RECAP
62 Nov. 5, 2001

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

RECAP
61 Nov. 7, 2001

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

RECAP
63 Nov. 8, 2001

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)

RECAP
64 Nov. 8, 2001

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)

RECAP
66 Nov. 8, 2001

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

RECAP
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)

PACER
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)

65 Nov. 13, 2001

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)

RECAP
67 Nov. 19, 2001

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)

RECAP
68 Nov. 26, 2001

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)

RECAP
69 Nov. 28, 2001

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)

RECAP
70 Nov. 28, 2001

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)

RECAP
71 Dec. 12, 2001

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)

RECAP
72 Dec. 17, 2001

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)

RECAP
73 Dec. 17, 2001

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)

RECAP
74 Dec. 17, 2001

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)

RECAP
80 Dec. 17, 2001

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)

RECAP

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

Private Entity/Person

Die Fliedermaus L.L.C.

Laurent M. Cerrone

Le Bar Bat, Inc

Case Details

Causes of Action:

42 U.S.C. § 1981

State Anti-Discrimination Law

State law

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

Other Dockets:

Southern District of New York 1:99-cv-01732

Southern District of New York 1:99-cv-02451

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Retaliation Prohibition

Order Duration: 2002 - 2005

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation