Case: EEOC v. MINADO RESTAURANT

2:05-cv-04482 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 22, 2005

Closed Date: Feb. 21, 2010

Clearinghouse coding complete

Case Summary

In September 2005, the New York district office of the EEOC brought this Title VII suit against Japanese Food Solutions, Inc. (d/b/a Minado Restaurant) in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant discriminated against the claimants by 1) invoking an English-only policy, but only enforcing against Chinese employees, 2) subjecting Chinese employees to derogatory comments and harassment, and 3) retaliating against the Chinese employees…

In September 2005, the New York district office of the EEOC brought this Title VII suit against Japanese Food Solutions, Inc. (d/b/a Minado Restaurant) in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant discriminated against the claimants by 1) invoking an English-only policy, but only enforcing against Chinese employees, 2) subjecting Chinese employees to derogatory comments and harassment, and 3) retaliating against the Chinese employees for their complaints about the English-only policy by altering terms and conditions of employment. After the parties participated in mediation, the case settled by entry of a consent decree in February 2007.

The three year consent decree required the defendant to refrain from discrimination and retaliation, pay the claimants $130,000, allow the EEOC to publish Legal notice in select media outlets, post notice, adopt and distribute an anti-discrimination policy, provide two hours of training yearly for staff and managerial employees (one additional hour for managers), keep records of any complaints of discrimination and retaliation, and allow the EEOC to review its compliance with the decree. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2010.

Summary Authors

Kevin Wilemon (8/14/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5474218/parties/equal-employment-opportunity-commission-v-japanese-food-solultions-inc/

Documents in the Clearinghouse

Document

Docket (PACER)

EEOC v. Japanese Food Solutions, Inc.

Feb. 21, 2007 Docket
1

Complaint

EEOC v. Japanese Food Solutions, Inc.

Sept. 22, 2005 Complaint
38

Consent Decree

EEOC v. Japanese Food Solutions, Inc.

Feb. 21, 2007 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5474218/equal-employment-opportunity-commission-v-japanese-food-solultions-inc/

Last updated May 20, 2022, 12:38 a.m.

ECF Number Description Date Link
38

CONSENT JUDGMENT in favor of U.S. Equal Employment Opportunity Commission (E.E.O.C.) against Japanese Food Solultions, Inc.. Ordered by Judge Leonard D. Wexler on 2/21/07. m (Mierzejewski, Elizabeth)

Feb. 21, 2007 RECAP
1

COMPLAINT (No Fee) against Japanese Food Solultions, Inc., filed by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1 Civil Cover Sheet)(Serret, Liliana) Modified on 9/23/2005 (Fagan, Linda). (Entered: 09/23/2005)

Sept. 22, 2005

Summons Issued as to Japanese Food Solultions, Inc.. (Serret, Liliana) (Entered: 09/23/2005)

Sept. 22, 2005

Case Ineligible for Arbitration(Bollbach, Jean) (Entered: 09/26/2005)

Sept. 26, 2005
2

ANSWER to Complaint Jury Trial and Corporate Disclosure by Japanese Food Solultions, Inc..(Simpson, Daniel) (Entered: 11/22/2005)

Nov. 22, 2005
3

CERTIFICATE OF SERVICE by Japanese Food Solultions, Inc. (Simpson, Daniel) (Entered: 11/22/2005)

Nov. 22, 2005

ORDER -- An initial conference is scheduled for January 4, 2006 at 11:00 a.m. SEE ATTACHED ORDER. Signed by Judge James Orenstein on 11/23/05. (Adams-Ciardullo, Diana) (Entered: 11/23/2005)

Nov. 23, 2005
4

ORDER -- An initial conference is scheduled for January 4, 2006 at 11:00 a.m. SEE ATTACHED ORDER. Signed by Judge James Orenstein on 11/23/05. (Adams-Ciardullo, Diana) (Entered: 11/23/2005)

Nov. 23, 2005

Email Notification Test - DO NOT REPLY (Mahon, Cinthia) (Entered: 12/01/2005)

Dec. 1, 2005
5

NOTICE of Appearance by Kam Sau Wong on behalf of U.S. Equal Employment Opportunity Commission (E.E.O.C.) (Wong, Kam) (Entered: 12/06/2005)

Dec. 6, 2005
6

NOTICE of Appearance by Elliott S. Joffe on behalf of Japanese Food Solultions, Inc. (Joffe, Elliott) (Entered: 12/30/2005)

Dec. 30, 2005

ORDER -- On consent of counsel, the conference scheduled for January 4, 2006, at 11:00 a.m. is rescheduled for January 17, 2006, at 1:30 p.m.Approved by Judge James Orenstein on 12/30/05. (Sunshine, Jason) Modified on 12/30/2005 (Dasaro, Michele). (Entered: 12/30/2005)

Dec. 30, 2005
7

Proposed Scheduling Order and Case Managment Order by Japanese Food Solultions, Inc.. (Joffe, Elliott) (Entered: 01/12/2006)

Jan. 12, 2006
8

CERTIFICATE OF SERVICE by Japanese Food Solultions, Inc. (Joffe, Elliott) (Entered: 01/12/2006)

Jan. 12, 2006
11

Minute Entry for proceedings held before James Orenstein : Initial Conference Hearing held on 1/17/2006. SCHEDULING: (1) The next status conference will be held on June 6, 2006, at 11:30 a.m. (2) A pretrial conference will be held on October 17, 2006 at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) I will enter a separate case management and scheduling order that reflects the deadlines set forth in the parties' joint discovery plan. (2) The parties will submit a jointly proposed protective order (or competing proposals that set forth areas of disagreement) no later than Friday, January 20, 2006. (3) The defendant will provide employee data (including lists of employees, their contact information, dates of birth, and social security numbers), subject to the terms of the protective order, no later than February 3, 2006. (4) I will defer decision on whether the limits on the numbers of interrogatories and depositions should be increased until the parties have more information about the likely number of claimants in the case and the parties' respective discovery needs. (Orenstein, James) Additional attachment(s) added on 1/17/2006 (Dasaro, Michele). (Entered: 01/17/2006)

Jan. 17, 2006
10

SCHEDULING ORDER: Deadline for completion of initial disclosures required by Rule 26(a): January 17, 2006. First request for production of documents and first request for interrogatories due by: February 21, 2006. Deadline for joinder of additional parties and amendment of pleadings: April 18, 2006. Status Conference: June 6, 2006, at 11:30 a.m. All discovery, including production of all expert reports, if any, to be completed by: September 12, 2006. Dispositive motion process started by: September 26, 2006. Joint pretrial order due by: October 10, 2006. Pretrial Conference: October 17, 2006, at 9:30 a.m. SEE ATTACHED ORDER. Ordered by Judge James Orenstein on January 17, 2006. (Orenstein, James) (Entered: 01/17/2006)

Jan. 17, 2006
12

MOTION for Protective Order by Japanese Food Solultions, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Protective Order) (Joffe, Elliott) (Entered: 01/20/2006)

Jan. 20, 2006
13

CERTIFICATE OF SERVICE by Japanese Food Solultions, Inc. (Joffe, Elliott) (Entered: 01/20/2006)

Jan. 20, 2006
14

RESPONSE in Opposition re 12 MOTION for Protective Order filed by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1 Exhibit Proposed Confidentiality and Protective Order) (Wong, Kam) (Entered: 01/21/2006)

Jan. 21, 2006
15

RESPONSE in Opposition re 12 MOTION for Protective Order filed by Japanese Food Solultions, Inc.. (Joffe, Elliott) (Entered: 01/23/2006)

Jan. 23, 2006

ORDER re 15 Response -- The reply letter by the defendant fails to comply with Rules III.A.1 and III.A.3 of my individual practice rules and will be disregarded. Approved by Judge James Orenstein on 01/24/06. (Adams-Ciardullo, Diana) (Entered: 01/24/2006)

Jan. 24, 2006

ORDER denying 12 Motion for Protective Order -- The defendant's application, docket entry ("DE") 12, is denied. The plaintiff's proposed confidentiality and protective order, DE 14-2, is approved. Approved by Judge James Orenstein on 02/15/06. (Adams-Ciardullo, Diana) (Entered: 02/15/2006)

Feb. 15, 2006

Mag. Judge A. Kathleen Tomlinson added. Mag. Judge James Orenstein no longer assigned to case. (Tzou, Ilene) (Entered: 04/04/2006)

April 4, 2006
16

AMENDED ANSWER to Plaintiff, EEOC Complaint Defendant, Japanese Food Solutions, Inc. by Japanese Food Solultions, Inc.. (Simpson, Daniel) (Entered: 04/18/2006)

April 18, 2006
17

Letter to Magistrate Judge A. Kathleen Tomlinson by Japanese Food Solultions, Inc.. (Joffe, Elliott) (Entered: 06/02/2006)

June 2, 2006
18

STATUS REPORT by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Wong, Kam) (Entered: 06/02/2006)

June 2, 2006
19

Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 6/06/2006. A telephonic status conference will be held on June 16, 2006 at 11:30 a.m. Plaintiffs' counsel is to initiate the call. Within ten days Defendant shall provide an affidavit outlining (a) the documents responsive to Plaintiff's requests that have been located; (b) how the search for responsive documents was conducted; and (c) the documents Defendant was asked for which he was unable to locate. If Plaintiff intends to pursue its claim for damages arising out of one claimants medical condition, Plaintiff shall provide claimant's medical records to me for an in camera review within 30 days. Within ten days, Defendant shall produce payroll records setting forth pay in hours or rate and annually for the period in question as well as weekly payroll records for all 6 claimants. Defendant shall also produce financial records responsive to Plaintiff's request for such records, within ten days from any such request. SEE ATTACHED ORDER. Ordered by Magistrate judge A. Kathleen Tomlinson. (Jacobwitz, Beth) Modified on 6/23/2006 (Montero, Edher). (Entered: 06/19/2006)

June 6, 2006
20

Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephone Status Conference held on 6/16/2006. SCHEDULING: The next Pretrial Conference will be held on October 17, 2006, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: 1. Plaintiff's counsel advises that the one claimant who was considering a claim for damages based upon a medical condition has determined not to pursue such claim. Therefore, claimants are not required to produce HIPAA-compliant medical releases. Any claims for damages based upon alleged emotional distress or medical conditions are hereby waived. 2. Defendant's counsel is reviewing electronic data he has just received and intends to produce that information on a disk to the EEOC. 3. I have given Defendant's counsel until June 23, 2006 to advise the EEOC of his client's position whether he will pay the costs associated with an ad (and possible radio spot) to potential claimants to be published in the surrounding geographic area. 3. A part-time employee of Defendant is scheduled to be deposed on June 23, 2006. Defendant must produce to the EEOC not later than the close of business on June 21, 2006any documents responsive to the agency's outstanding document request as set forth in the Notice of Deposition served for this individual. SO ORDERED by A. Kathleen Tomlinson, USMJ. (Tomlinson, A.) Modified on 6/19/2006 (Montero, Edher). Modified on 6/19/2006 (Montero, Edher). Additional attachment (s) added on 6/19/2006 (Montero, Edher). Additional attachment(s) added on 6/19/2006 (Montero, Edher). Modified on 6/23/2006 (Montero, Edher). (Entered: 06/19/2006)

June 16, 2006
21

Letter MOTION for Reconsideration by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1 Exhibit 1, Court Transcript of June 6, 2006, pp. 3-4# 2 Exhibit 2, Court Transcript of June 6, 2006 pp. 21-22# 3 Exhibit 3, Minute Entry of June 6, 2006)(Wong, Kam) (Entered: 06/20/2006)

June 20, 2006
22

RESPONSE in Opposition re 21 Letter MOTION for Reconsideration filed by Japanese Food Solultions, Inc.. (Joffe, Elliott) (Entered: 06/22/2006)

June 22, 2006
23

Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephone Conference held on 7/26/2006. This conference was scheduled to discuss with the parties the letter motion for reconsideration filed by Plaintiff on June 20, 2006 [DE 21]. For the reasons discussed in the record during today's telephone conference and set forth in a separate Order, Plaintiff's letter motion for reconsideration is DENIED as unnecessary and moot. So Ordered by Judge A. Kathleen Tomlinson. (Tomlinson, A.) (Entered: 07/26/2006)

July 26, 2006
26

TRANSCRIPT of Proceedings/Conference held on June 6, 2006 before Judge A. Kathleen Tomlinson. Court Reporter: Aria Transcriptions. (Mierzejewski, Elizabeth) (Entered: 08/02/2006)

July 28, 2006
25

Letter Requesting Inclusion in Mediation Program by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order)(Wong, Kam) (Entered: 08/01/2006)

Aug. 1, 2006
27

Letter MOTION for Protective Order Barring Discovery of Claimants' Immigration Status by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Wong, Kam) (Entered: 08/11/2006)

Aug. 11, 2006
28

ORDER REFERRING CASE to Mediation.Selection of Mediator due by 8/30/2006. The parties are offered the option of (a) using a mediator from the Court's panel, (b) selecting a mediator on their own, or (c) seeking the assistance of a reputable neutral ADR organization in the selection of a mediator. Counsel shall consult with the ADR Administrator, Gerald P. Lepp, 718-260-2577, respecting their alternatives and selecting a mediator. Discovery is stayed for 60 days to allow for mediation of this matter. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 08/16/06. (Jacobwitz, Beth) (Entered: 08/16/2006)

Aug. 16, 2006
29

MEDIATION INSTRUCTIONS sent to Counsel. Attached are Letters of Instruction. By 8/30/06, Counsel are to select a Mediator, schedule the first mediation session, and electronically file and confirm in writing to the ADR Administrator, Gerald P. Lepp, (fax 718-613-2399) the name of the Mediator and the date, time, and place of the first mediation session. Counsel are to confer with each other and to speak directly to the potential mediator in scheduling the first mediation session. For a list of EDNY Mediators and their qualifications, see the Court's website at "www.nyed.uscourts.gov/adr". The Confidentiality Stipulation attached to this notice is to be signed at the mediation session by all participants and the mediator and then faxed (718-613- 2399)to the ADR Administrator. In accordance with Administrative Order 2004-08 (as of August 2, 2004) electronic filing became mandatory in the Eastern District of New York for all cases,(pro se cases are excluded).(Lepp, Gerald) (Entered: 08/16/2006)

Aug. 16, 2006
30

Letter MOTION to Take Deposition from Jon Fedenczak as an exception to Stay Order by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Wong, Kam) (Entered: 08/18/2006)

Aug. 18, 2006
31

RESPONSE in Opposition re 30 Letter MOTION to Take Deposition from Jon Fedenczak as an exception to Stay Order filed by Japanese Food Solultions, Inc.. (Joffe, Elliott) (Entered: 08/21/2006)

Aug. 21, 2006
32

ORDER denying 30 Motion to Take Deposition from Jon Fedenczak. For the reasons set forth in the attached order, Plaintiff's motion to reopen discovery is DENIED and in the event the mediation is unsuccessful, Defendant shall provide dates for the deposition of Mr. Fedenczak forthwith. SEE ATTACHED ORDER. Ordered by JudgeA. Kathleen Tomlinson on 08/22/06. (Jacobwitz, Beth) (Entered: 08/22/2006)

Aug. 22, 2006
33

MOTION to Compel appointment of mediator & EEOC to participate in mediation by Japanese Food Solultions, Inc.. (Attachments: # 1 Exhibit A to Tomlinson letter (emails)# 2 Exhibit B to Tomlinson letter (list))(Joffe, Elliott) (Entered: 08/25/2006)

Aug. 25, 2006
34

RESPONSE in Opposition re 33 MOTION to Compel appointment of mediator & EEOC to participate in mediation filed by U.S. Equal Employment Opportunity Commission (E.E.O.C.). (Attachments: # 1 Exhibit Emails between EEOC and Defendant)(Wong, Kam) (Entered: 08/25/2006)

Aug. 25, 2006
35

Letter dtd. 8/28/06 from Elliott Joffe on behalf of Japanese Food Solultions, Inc. withdrawing the letter motion seeking to compel selection of a mediator. (Montero, Edher) (Entered: 08/30/2006)

Aug. 28, 2006

Motions terminated: 33 MOTION to Compel appointment of mediator & EEOC to participate in mediation. (withdrawn as per doc #35). (Ordered by Judge A. Kathleen Tomlinson on 8/30/06)(Montero, Edher) (Entered: 08/30/2006)

Aug. 30, 2006
36

SELECTION OF MEDIATOR Eugene S. Ginsberg rep by Eugene S. Ginsberg selected as Mediator. The first mediation session will begin at 10:00AM on 10/11/06 in the offices of the Mediator at Eugene S. Ginsberg, Esq., 300 Garden City Plaza, Garden City, NY 11530. On or before 10/4/06, Counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement negotiations, and the name and title of the client representative with full settlement authority who will attend the mediation session in person. Attendance in person is required of the trial counsel, insurance adjustor, and client representative with full settlement authority. The Confidentiality Stipulation forwarded with the Mediation Letters of Instruction will be signed at the mediation session by all participants and the mediator and returned to the ADR Administrator, Gerald P. Lepp, fax (718) 613-2399. Contact information for the Mediator is: telephone (516) 746-9307; fax (516) 393-8282; email address "Esginsberg@aol.com".Report of Mediation due by 10/25/2006. (Lepp, Gerald) (Entered: 09/07/2006)

Sept. 7, 2006
37

MOTION for Extension of Time to Complete Discovery by Japanese Food Solultions, Inc.. (Joffe, Elliott) (Entered: 10/12/2006)

Oct. 12, 2006

ORDER granting 37 Motion for Extension of Time to Complete Discovery. Discovery is stayed in the matter until Novemebr 16, 2006 to allow the parties an opportunity to continue in mediation. Ordered by JudgeA. Kathleen Tomlinson on 10/16/06. (Jacobwitz, Beth) (Entered: 10/16/2006)

Oct. 16, 2006

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 22, 2005

Closing Date: Feb. 21, 2010

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

Japanese Food Solutions, (Nassau County, NY), 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: 130000

Order Duration: 2007 - 2010

Content of Injunction:

Discrimination Prohibition

Recordkeeping

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

National origin discrimination

Race:

Asian/Pacific Islander

EEOC-centric:

Direct Suit on Merits