Case: EEOC v. GOLDEN LENDER FINANCIAL GROUP

1:99-cv-08591 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 3, 1999

Closed Date: June 28, 2002

Clearinghouse coding complete

Case Summary

In August 1999 the New York, NY office of the EEOC brought this suit against Golden Lender Financial Group in the U.S. District Court for the Southern District of New York. The complaint is unavailable, but court documents show that the EEOC alleged sex, race, color, and national origin discrimination, and a claim of retaliation. The complaint was on behalf of three female employees. The defendant filed a motion to dismiss in October 1999, which was granted on the race and national origin claims but denied on other grounds. Counsel for the defendant withdrew, and the defendant subsequently failed to make appearances. The EEOC brought a motion for default judgment, which was granted in January 2001. The three complainants were awarded a total of $59,310.86 in backpay and compensatory damages.

Summary Authors

Kevin Wilemon (11/8/2007)

Documents in the Clearinghouse

Document

1:99-cv-08591

Docket

EEOC v. Golden Lender

March 6, 2003

March 6, 2003

Docket
7

1:99-cv-08591

Opinion and Order

EEOC v. Golden Lender Financial Group

2000 WL 381426, 2000 U.S.Dist.LEXIS 4750

April 13, 2000

April 13, 2000

Order/Opinion

Resources

Docket

Last updated July 19, 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: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

Magistrate Judge Katz is so Designated. (bm) (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

2

NOTICE OF MOTION by Golden Lender purs to Rules 12(b)(1), 12(b) (6) and/or for summary judgment, purs to FRCP 56 of the FRCP, dismissing the complaint in its entirety , Return date 10/8/99; Attached is Affidavit of Lawrence R. Sandak. (docmt filed in night dep. on 10/08/99 at 3:53 p.m.) (djc) (Entered: 10/12/1999)

Oct. 8, 1999

Oct. 8, 1999

4

MEMORANDUM OF LAW by E.E.O.C. in opposition to [2-1] motion purs to Rules 12(b)(1), 12(b)(6), [2-2] motion for summary judgment, purs to FRCP 56 of the FRCP, dismissing the complaint in its entirety. Received in night deposit on 10/22/99 at 8:52 p.m. (jp) (Entered: 10/28/1999)

Oct. 22, 1999

Oct. 22, 1999

5

REPLY MEMORANDUM OF LAW by Golden Lender (pl) (Entered: 11/05/1999)

Nov. 3, 1999

Nov. 3, 1999

6

RULE 1.9 CERTIFICATE filed by Golden Lender. (sac) (Entered: 11/17/1999)

Nov. 16, 1999

Nov. 16, 1999

7

OPINION AND ORDER #83807; that the claims of a pattern and practice of race and national origin discrimination are dismissed ; denying [2-1] motion purs to Rules 12(b)(1), 12(b)(6); that the claim of a pattern and practice of sex discrimination is dened; the case is stayed for thirty days to permit the parties to engage in conciliation ; ( signed by Judge John G. Koeltl ); copies mailed (ls) (Entered: 04/14/2000)

April 13, 2000

April 13, 2000

8

NOTICE OF MOTION (filed on service date) by E.E.O.C. for reconsideration of its Order of April 12, 2000, to the extent it dismissed the EEOC's claims of pattern or practice of race and national origin harassment . Return date not indicated (djc) (Entered: 04/28/2000)

April 26, 2000

April 26, 2000

9

MEMORANDUM OF LAW by E.E.O.C. in support of [8-1] motion for reconsideration of its Order of April 12, 2000, to the extent it dismissed the EEOC's claims of pattern or practice of race and national origin harassment (djc) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

10

ORDER; defendant response to motion reset to 7/5/00 for [8-1] motion for reconsideration of its Order of April 12, 2000, to the extent it dismissed the EEOC's claims of pattern or of race and national origin harassment ; plaintiff reply to response to motion reset to 7/12/00 for [8- 1] motion for reconsideration of its Order of April 12, 2000, to the extent it dismissed the EEOC's claims of pattern or practice of race and national origin harassment . ( signed by Judge John G. Koeltl ); Copies mailed. (pl) (Entered: 06/26/2000)

June 26, 2000

June 26, 2000

11

ORDER; that for the reasons set forth on this Order, the [8-1] motion for reconsideration is granted; on reconsideration, the deft's motion to dismiss the claims of race and national origin harassment is denied . ( signed by Judge John G. Koeltl ); Copies mailed. (jp) (Entered: 08/14/2000)

Aug. 11, 2000

Aug. 11, 2000

12

NOTICE OF MOTION (FILED ON SERVICE DATE) by Golden Lender for an order purs. to Local Civil Rule 1.4 granting leave for Lawrence R. Sandak to withdraw as attorney of record for deft . No return date indicated. Affidavit of Lawrence R. Sandak in support attached. (sn) (Entered: 08/23/2000)

Aug. 22, 2000

Aug. 22, 2000

13

ORDER TO SHOW CAUSE by Lawrence R. Sandak, Esq., counsel for Golden Lender Financial Group; Show Cause Hearing set for 10:00 a.m. on 9/15/00; for an order permitting Lasrence R. Sandak, Esq. to be relieved as the attny. of record for Golden Lender Financial Group in this matter purs. to Local Civil Rule 1.4 ; ( signed by Judge John G. Koeltl ); Copies mailed; Affdvt. of Lawrence R. Sandak in support attached (lf) (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

14

ORDER; the EEOC's motion to vacate the Order dated 8/7/00 is granted. The EEOC's motion for reconsideration is again granted. On reconsideration, the deft's motion to dismiss the claims of race and national origin discrimination is denied. ( signed by Judge John G. Koeltl ); Copies mailed. (sac) (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

15

ORDER, granting [12-1] motion for an order purs. to Local Civil Rule 1.4 for leave for Lawrence R. Sandak to withdraw as attorney of record for deft; The defendant is required to appear by new counsel by 10/13/00; if the defendant fails to appear by new counsel by 10/13/00, the plaintiff may seek to enter a default judgment against the defendant; the current counsel should serve a copy of this order and the transcript on the defendant at the defendant's last known address by 9/22/00 . ( signed by Judge John G. Koeltl ); Copies mailed. (ae) (Entered: 09/20/2000)

Sept. 20, 2000

Sept. 20, 2000

16

Affidavit of service of a true and complete copy of this Court's Order of 9/15/00, granting defts' counsel's motion to withdraw as counsel for deft, and the transcript of the proceeding held on 9/15/00 before the Honorable John G. Koeltl, U.S.D.J., at which the motion was granted, via overnight mail and via U.S. mail by depositing a true copy of same enclosed in a postage paid properly addressed wrapper under the exclusive care and custody of the united Stated Postal Service within the State of New Jersey, to the following address, which is the last known address of the addressee: Golden Lender Financial Group 711 Third Ave., New York, N.Y. 10017 on 9/19/00 (lf) Modified on 09/22/2000 (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

16

Affidavit of service of a true and complete copy of this Court's Order on 9/15/00, granting deft's counsel's motion to withdraw as counsel for deft, and the transcript of the proceeding held on 9/15/00 before the Honorable John G. Koeltl, U.S.D.J., at which the motion was granted, via overnight mail and via U.S. Mail by depositing a true copy of same enclosed in a postage paid properly addressed wrapper under the excludive care and custody of the United States Postal Service within the State of New Jersey, to the following address, which is the last known address ofthe addressee: Andree M. Peart, Esq., United States Equal Employment Opportunity Commission 7 World Trade Center New York, N.Y. 10048 on 9/20/00 (lf) (Entered: 09/22/2000)

Sept. 21, 2000

Sept. 21, 2000

17

Transcript of record of proceedings before Judge John G. Koeltl for the date(s) of 9/15/00 @11:10am. (lam) (Entered: 11/02/2000)

Nov. 1, 2000

Nov. 1, 2000

19

ORDER TO SHOW CAUSE by E.E.O.C.; Show Cause Hearing set for 9:30 1/5/01; for an order for default judgment against Golden Lender . (signed by Judge John G. Koeltl ); Copies mailed. (pl) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

20

ORDER TO SHOW CAUSE by E.E.O.C.; Show Cause Hearing set for 9:30 1/5/01 for default judgment against Golden Lender ( signed by Judge John G. Koeltl ); Copies mailed. (cd) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

21

AFFIDAVIT of Andree Peart by E.E.O.C. in support of [20-1] motion for default judgment against Golden Lender . (cd) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

22

ORDER; granting [19-1] motion for an order for default judgment against Golden Lender; granting [20-1] motion for default judgment against Golden Lender; because the exact amount of the default jdgmt. to be entered is unliquidated, the matter is referred to the Magistrate Judge for an inquest on damages and the formulation of any other appropriate terms of a judgment ; ( signed by Judge John G. Koeltl ); Copies mailed; forwarded orig. doc. to Mag. Judge Katz Assignment Clerk (lf) Modified on 01/11/2001 (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

23

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest. (After default) ( signed by Judge John G. Koeltl ). Referred to Magistrate Judge Theodore H. Katz. (kw) Modified on 01/12/2001 (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

24

ORDER; the inquest shall be held on 3/21/01 at 10:00 a.m., in Room 17A. By 3/9/01, pltffs shall serve and file Proposed Findings of Fact and Conclusion of Law with respect to the damages being sought on any claims in the Complaint as to which liability has now been established as the result of deft's default. Deft may attend and participate in the inquest, but should be aware that only the issue of damages will be addressed. If deft wishes to submit any written opposition to pltffs' submission, it shall do so by 3/16/01. ( signed by Magistrate Judge Theodore H. Katz ); Copies mailed. (sac) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

25

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by E.E.O.C. . Received in night deposit on 3/9/01 at 9:33 p.m. (jp) (Entered: 03/13/2001)

March 9, 2001

March 9, 2001

Memorandum to Docket Clerk: Inquest held (cd) (Entered: 03/26/2001)

March 21, 2001

March 21, 2001

26

Transcript of record of proceedings before Magistrate Judge Theodore H. Katz for the date(s) of 3/21/01. (jco) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

Terminated document 13-1 pursuant to instructions of Judge Koeltl. (rag) (Entered: 08/31/2001)

Aug. 31, 2001

Aug. 31, 2001

27

REPORT AND RECOMMENDATIONS of Magistrate Judge Theodore H. Katz; that for the reasons set forth in this Report, Magistrate Judge Katz recommend that a default judgment be entered against defendant Golden Lender, and that it contain the following damage awards: (1) Gloria Grijalva - back pay and prejudgment interest in the amount of $6,882.38, and compensatory damages in the amount of $20,000; (2) Maritza Rivera - back pay and prejudgment interest in the amount of $29,928.48, and compensatory damages of $1,500.00; (3) Debra Popolow - compensatory damages in the amount of $1,000.00. Objections to R and R due by 6/4/02. (kkc) (Entered: 05/22/2002)

May 21, 2002

May 21, 2002

28

Transcript of record of proceedings before Magistrate Judge Theodore H. Katz for the date(s) of 3/21/01. (db) (Entered: 05/23/2002)

May 21, 2002

May 21, 2002

29

ORDER, the Court concludes that it should adopt Mag. Judge Katz's thorough and well-reasoned Report and Recommendation ; for the reasons explained by Mag Judge Katz, the Clerk of the Court is directed to enter judgment in accordance with the Conclusion of the Report and Recommendation dated 5/20/02 and to close this case ( signed by Judge John G. Koeltl ); Copies mailed; forwarded orig. doc. to Judgment Clerk (cd) (Entered: 06/28/2002)

June 26, 2002

June 26, 2002

30

DEFAULT JUDGMENT #02,1222, that for the reasons stated in the Court's Order dated 6/23/02, and the Report and Recommendation of Magistrate Judge Katz dated 5/20/02, judgment is hereby entered against defendant Golden Lender Finaancial Group and in favor of: 1) Gloria Grijalva - back pay and prejudgment interest in the amount of $6,882.38, and compensatory damages in the amount of $20,000; 2) Maritza Rivera - back pay and prejudgment interest in the amount of $29,928.48, and compensatory damages of $1,500.00; and 3) Debra Popolow - compensatory damages in the amount of $1,000. (signed by James M. Parkison, Clerk of Court). Entered On Docket: 7/3/02. (kw) (Entered: 07/03/2002)

June 28, 2002

June 28, 2002

Case closed. (kw) (Entered: 07/03/2002)

June 28, 2002

June 28, 2002

31

NOTICE of change of address by E.E.O.C. . (pl) Modified on 03/14/2003 (Entered: 03/14/2003)

March 6, 2003

March 6, 2003

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 3, 1999

Closing Date: June 28, 2002

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

Golden Lender Financial Group, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 59310.86

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-basis:

National origin discrimination

Race discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits