Case: EEOC v. Simat, Hellisen, and Eichner, Inc.

1:00-cv-07296 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 20, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 20, 2000, the Equal Employment Opportunity Commission filed this action in the Southern District of New York under Title VII of the Civil Rights Act of 1964 against airline consulting firm Simat, Helliesen & Eichner, Inc. (SH&E). Though few details about this lawsuit are available, it is likely the EEOC brought this claim on behalf of a female employee of SH&E who was not involved in actions that were previously filed on September 24, 1997. (see EEOC v. Simat, Helliesen, & Eichner, Inc., EE-NY-0235 on this site, and Tesoro v. Simat, Helliesen, et al, EE-NY-0145 on this site). In those actions, the plaintiffs alleged the company had subjected its female employees to sexual harassment, which created a hostile work environment.

This court formally related this suit to the previously filed EEOC action on October 5, 2000. On June 10, 2002, the court entered a consent decree and the plaintiff was awarded $135,000.

Summary Authors

David Miller (5/24/2010)

Jennifer Gitter (4/23/2013)

Related Cases

Tesorov v. Simat, Helliesen, Southern District of New York (1997)

EEOC v. Simat, Helliesen, & Eichner, Inc., Southern District of New York (1997)

Documents in the Clearinghouse

Document

1:00-cv-07296

Docket (PACER)

EEOC v. Simat, Helliesen & Eichner, Inc.

June 10, 2002

June 10, 2002

Docket

1:00-cv-07296

EEOC Litigation Settlement Report (February 2003)

EEOC v. Simat, Helliesen & Eichner, Inc.

No Court

Dec. 31, 2003

Dec. 31, 2003

Press Release

Resources

Docket

Last updated Sept. 6, 2022, 3:07 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: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

Magistrate Judge Dolinger is so Designated. (bm) (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

2

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial/including initial case management conference and dispositive motion (i.e. motion requiring a report and requiring a report and recommendation). ( signed by Judge Kimba M. Wood ) Referred to Magistrate Judge Michael H. Dolinger. (kw) Modified on 10/02/1997 (Entered: 10/02/1997)

Oct. 1, 1997

Oct. 1, 1997

4

Memo endorsed on (courtesy copy) motion for admission pro hac vice; granting [3−1] motion for the pro hac vice admission of Robert H. Bernstein, Esq. and Carmen J. DiMaria, Esq. to the bar of this Court for purposes of representing defts in this litigation ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed; sent original to Ruth on 12/19/97. (ae) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

6

ANSWER to Complaint by Simat, Helliesen, Reed Telepublishing (Attorney Mark D. Lurie). (jp) (Entered: 12/23/1997)

Dec. 19, 1997

Dec. 19, 1997

7

Rule 9 certificate filed by Simat, Helliesen, Reed Telepublishing (jp) (Entered: 12/23/1997)

Dec. 19, 1997

Dec. 19, 1997

5

ORDER, set pretrial conference for 2:15 1/26/98 ; any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (ae) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

8

ORDER; all fact discovery is to be completed by 4/30/98 ; pltff is to designate its expert witnesses and provide the information required under FRCP 26(a)(2)(B) by 4/30/98. Defts are to provide the equivalent information by 5/29/98; All remaining expert witness discovery is to be completed by 7/17/98 ; the parties are to submit a joint pre−trial order by 9/11/98, unless a potentially dispositive motion has been served and filed by that date ( signed by Magistrate Michael H. Dolinger ); Copies mailed (sac) (Entered: 01/29/1998)

Jan. 28, 1998

Jan. 28, 1998

9

ORDER, reset scheduling order deadlines: all fact discovery is to be completed by 8/31/98; plaintiff is to designate its expert witnesses and provide the information required under FRCP 26(a)(2)(B) by 8/31/98. Defendants are to provide the equivalent information by 9/30/98; all remaining expert witness discovery is to be completed by 11/17/98; no further extensions of these deadlines should be expected; joint pretrial order to be submitted on or before 1/11/99, unless a potentially dispositive motion has been served and filed by that date; all discovery is consolidated with Tesoro v. Simat, Helliesen &Eichner, 97 Civ. 7176 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (ae) Modified on 04/28/1998 (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

10

ORDER, set pretrial conference for 10:00 a.m. on 6/10/98 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (kw) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

11

ORDER, adjourning the conference in the action to 7/15/98 at 2:00 p.m. Any requests for adjornment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (also docketed in 97cv7176) (cd) (Entered: 07/13/1998)

July 10, 1998

July 10, 1998

12

ORDER; defts are to produce within two weeks (1) documents sufficient to show the date when Reed acquired an ownership interest in or control of Simat, Helliesen &Eichman, Inc. ("SH) and the date when it relinguished such ownership or control; (2) all documents reflecting any participation by Reed officers, employees or other agents in decisions affecting compensation, pay structure, or other personnel matters at SHE (3) all documents reflecting a policy or practice concerning the role of Reed officers, employees or other agents, in determining personnel policies or decisions affecting SHE (4) all documents relating to any complaints by SHEemployees about compensation, pay structure, sexual harassment or retaliation, and (5) all documents received by Reed Telepublishing or Reed Travel concerning sexual harassment or retailiation by any officers, employees or other agents of any Reed entity during the period when Reed had an ownership interest in or control of SHAt this time the Court will not order production of documents reflecting compensation structure or policies or individual salary or benefit decisions pertaining only to employees of Reed entities other than SHThis ruling may be reexamined upon a showing of need by pltff ; the parties are to produce all other documents that they had agreed to produce by 7/24/98 ; all fact discovery is to be completed by 10/30/98 ; pltffs are to designate their expert witnesses and provide the information required under FRCP 26(a)(2)(B) by 11/16/98. Defts are to provide the equivalent information by 12/7/98. All remaining expert witness discovery is to be completed by 12/31/98 ; the parties are to submit a joint pre−trial order by 2/1/99, unless a potentially dispositive motion has been served and filed by that date ; the Court will conduct a telephone status conference with counsel for the parties on Friday, 7/31/98 at 10:00 a.m. ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (sac) (Entered: 07/17/1998)

July 17, 1998

July 17, 1998

13

ORDER, that the documents required to be produced by deft pursuant to our 7/16/98 order are to be made available, in their entirety, by no later than 8/21/98. No further extensions should be expected ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (also docketed in 97cv7176) (cd) (Entered: 08/05/1998)

Aug. 5, 1998

Aug. 5, 1998

14

CONFIDENTIALITY ORDER, regarding procedures that will govern the handling of confidential information ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (also docketed in 97cv7176) (cd) Modified on 09/16/1998 (Entered: 09/15/1998)

Sept. 14, 1998

Sept. 14, 1998

15

ORDER, within seventy−two hours after the court enters a protective order, defendants are to produce all previously withheld documents, and also are to produce in unredacted form any non privileged documents previously produced in redacted form ; counsel for both sides are to provide to each other the dates on which their clients are available for depositions and are to negotiate a prompt deposition schedule. If that task cannot be completed by close of business on 9/11/98, counsel are to inform the court, which will then conduct a conference at which it will establish a deposition schedule. The prior schedule for completion of discovery and other pre−trial proceedings remains in force ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (kw) (Entered: 09/15/1998)

Sept. 14, 1998

Sept. 14, 1998

16

ORDER, defendants may, at their resumed deposition of plaintiff Rosemary Barenz, ask solely the listed questions concerning the preparation of Exhibit D−1 as set forth in this Order; the previous schedule for completion of pre−trial proceedings remains in effect ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (ae) (Entered: 11/12/1998)

Nov. 9, 1998

Nov. 9, 1998

17

ORDER, the employment documents of Ms. Tesoro are to be produced by 12/24/98 ; regarding depositions as set forth in this document ; all fact discovery, except as noted, is deemed to have been completed ; set joint pretrial order due for 2/16/99, unless a potentially dispositive motion has been served by that date ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (kw) (Entered: 12/28/1998)

Dec. 23, 1998

Dec. 23, 1998

19

ORDER, set telephone conference for 11:00 3/22/99. Counsel for defts is directed to maek the necessary arrangements for the conference call ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (also docketed in 97cv7176) (cd) Modified on 03/16/1999 (Entered: 03/15/1999)

March 15, 1999

March 15, 1999

20

ORDER; that defts are to serve their summary jdgmt. motion by no later than 4/12/99; that pltffs are to serve their responding papers by no later than 5/12/99; that reply papers, if any, are to be served by no later than 5/21/99 ; ( signed by Magistrate Judge Michael H. Dolinger ); copies mailed (ls) (Entered: 03/25/1999)

March 23, 1999

March 23, 1999

21

Filed Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from James Frank, dated 5/6/99; pltffs respectfully request a two week extensions from 5/12 to and until 5/26/99 to submit their papers in opposition to defts' motion for summary judgment. Applciation granted. Defts may serve and file within ten days after receipt of pltffs' papers. ( signed by Magistrate Judge Michael H. Dolinger ) (sac) (Entered: 05/10/1999)

May 7, 1999

May 7, 1999

22

Filed Memo−Endorsement on letter addressed to magistrate Judge Dolinger from Robert H. Bernstein, dated 5/13/99; counsel for the defts writes to request that the Court reconsider its 5/6/99 Order granting pltffs' request for an extension of time to serve opposition papers to defts summary judgment motion. Reconsideration denied. If defts counsel requires additional time to prepare reply papers, he may take until 6/30/99 to do so. ( signed by Magistrate Judge Michael H. Dolinger ) (jp) (Entered: 05/14/1999)

May 13, 1999

May 13, 1999

23

RESPONSE by E.E.O.C. Re: defts Simat, Helliesen &Eichner, Inc's and David Treitel's Statement of Undisputed Material Facts Purs. to Local Rule 56.1 (ls) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

24

RESPONSE by E.E.O.C. Re: deft Reed Elsiver Inc's Statement of Undisputed Facts Purs. to Local Rule 56.1 (ls) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

25

RESPONSE AND MEMORANDUM OF LAW in opposition to defts' motion for summary jdgmt. by E.E.O.C. (ls) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

26

DECLARATION in opposition by Rose R. McKiernan for E.E.O.C. re defts' motion for summary jdgmt. (ls) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

27

SUPPLEMENTAL AFFIDAVIT of Robert H. Bernstein by Simat, Helliesen, Reed Telepublishing in further support of Defendants' motion for summary judgment (djc) (Entered: 07/02/1999)

June 30, 1999

June 30, 1999

28

REPLY MEMORANDUM OF LAW by Simat, Helliesen, Reed Telepublishing in Further Support of Motion for Summary Judgment (djc) (Entered: 07/02/1999)

June 30, 1999

June 30, 1999

29

REPORT AND RECOMMENDATIONS of Magistrate Judge Michael H. Dolinger; It is recommended that defendants' summary judgment motion be denied except with respect to (1)the claims of Barenz, Keating and Bradt for gender discrimination in pay, (2) the claims of plaintiffs (except Tesoro) for discrimination in promotions or, more generally, job opportunities, (3) plaintiffs' state−law claims against Reed Elsevier, (4) Bradt's federal claims against Reed Elsevier, and (5) plaintiffs' request for front pay; Objections to R and R due by 1/30/01 . (djc) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

31

Memo−Endorsement on letter addressed to Judge Wood from Nora E. Curtin, dated 1/24/01. Re: E.E.O.C. respectfully requests that it and the private plaintiffs be given an equal amount of time to respond to Mag. Judge Dolinger's Report and Recommendation in actions 97cv7168 &97cv7176 and also requests that the plaintiffs be granted an extension to respond by 3/27/01; objections reset to 3/23/01 for [29−1] report and recommendations . ( signed by Judge Kimba M. Wood ); Copies mailed. (pl) Modified on 01/31/2001 (Entered: 01/29/2001)

Jan. 26, 2001

Jan. 26, 2001

OBJECTIONS by plaintiffs re: to [29−1] report and recommendations; original document filed in 97cv7176 as document #26. (pl) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

AFFIDAVIT of Judith S. Rogh by plaintiffs in support of [0−1] objection; original filed in 97cv7176 as document #27. (pl) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

OBJECTIONS by defendants to [29−1] report and recommendations; original docketed in 97cv7176 as document #28. (pl) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

32

OBJECTIONS AND MEMORANDUM OF LAW in support of its objections by E.E.O.C. to [29−1] report and recommendations. (sn) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

33

AFFIDAVIT of Mark D. Lurie by Simat, Helliesen, Reed Telepublishing in support of dft.'s reply to the EEOC's and the individual plaintif;f's objections to the Mag. Judge's Report and Recommendation. (pl) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

34

REPLY by Simat, Helliesen, Reed Telepublishing Re: [32−1] objection (pl) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

35

RESPONSE by E.E.O.C. Re: defendants objections to the Report &Recommendation of Mag. Judge Dolinger. (pl) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

RESPONSE by E.E.O.C. Re: dft's objections to the Report and Recommendation of Mag. Judge Dolinger; original document docketed in 97cv7168 as document #35. (pl) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

REPLY by Simat, Helliesen, Reed Telepublishing Re: [32−1] objection; original document docketed in 97cv7176 as document #34. (pl) Modified on 03/26/2001 (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

36

MEMORANDUM OF LAW by E.E.O.C. in opposition to [0−1] objection . (pl) (Entered: 03/27/2001)

March 23, 2001

March 23, 2001

37

ORDER, for a general conference on 6/8/01 @10:00 a.m. in Courtroom 17D, 500 Pearl St., NY NY . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (kg) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

38

ORDER, all proceedings in this case will be stayed until 7/16/01; the parties may apply for an extension of the stay, if needed, by no later than 7/16/01 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (cd) (Entered: 06/12/2001)

June 11, 2001

June 11, 2001

39

NOTICE of Change of Address by E.E.O.C. new address is 201 Varick Street, Room 1009, New york, New York 10014. (db) (Entered: 10/31/2001)

Oct. 30, 2001

Oct. 30, 2001

NOTICE OF MOTION by David Treitel, Simat, Helliesen, Reed Telepublishing for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendant's motion for separate trials for all plaintiffs . Return Date not indicated. Original document filed in 97cv7176 (KMW), Doc # 30. (moc) (Entered: 04/30/2002)

April 24, 2002

April 24, 2002

MEMORANDUM OF LAW by David Treitel, Simat, Helliesen, Reed Telepublishing in support of [0−1] motion for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendant's motion for separate trials for all plaintiffs. Original document filed in 97cv7176 (KMW), Doc # 31. (moc) (Entered: 04/30/2002)

April 24, 2002

April 24, 2002

40

Memo−Endorsement on letter addressed to Judge Wood from Christopher M. Farella, dated 4/23/02. Re: defendants requests a one−day adjournment of the due date for the severance/separate trial motion; reset defendants pretrial motion filing deadline for 4/24/02 . ( signed by Judge Kimba M. Wood ); Copies mailed. (pl) (Entered: 04/30/2002)

April 25, 2002

April 25, 2002

41

MEMORANDUM OF LAW by E.E.O.C. in opposition to [0−1] motion for an order pursuant to Rules 21 and 42(b) of the FRCP granting defendant's motion for separate trials for all plaintiffs . (bai) (Entered: 05/08/2002)

May 6, 2002

May 6, 2002

MEMO−ENDORSEMENT on Plaintiffs' and EEOC's Preliminary witness chart in compliance with the Court's 4/16/02 Pre−Trial Conference Direction and 4/16/02; that the Court notes that all parties may wish to present more voluminous testimony than this Court expects to be appropriate. The Court will decide at trial the appropriate length of each witness' testimony. The Court notes that trial before a Mag. Judge is likely to give the parties more flexibility in selecting the trial dates . ( signed by Judge Kimba M. Wood ); Copies mailed; orig. document docketed in 97cv7168 as document #32. (pl) (Entered: 05/20/2002)

May 15, 2002

May 15, 2002

42

Memo−Endorsement on letter addressed to Judge Wood from Robert H. Bernstein, dated 5/13/02. Re: defendants writes in pursuant to The Court's instruction. The Court reserves the right to curtain testimony, pursuant to FRCP 1, at trial, on behalf of plaintiffs and defendants . ( signed by Judge Kimba M. Wood ); Copies mailed. (kw) (Entered: 05/23/2002)

May 15, 2002

May 15, 2002

43

ORDER, that a conference has been scheduled on 5/28/02, at 11:00 a.m., at which time the parties are directed to appear in Courtroom 17D, 500 Pearl Street, New York, NY 10007−1312 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) (Entered: 05/28/2002)

May 23, 2002

May 23, 2002

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. ( signed by Judge Kimba M. Wood ) Original document filed under case no. 97cv7176 (KMW), doc. #33. (kkc) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

Status Conference held before Magistrate Judge Michael H. Dolinger. (ph) (Entered: 06/12/2002)

June 4, 2002

June 4, 2002

44

ORDER; that a settlement conference has been scheduled in the action on Tuesday, June 4, 2002, at 9:30 a.m. in Courtroom 17D, 500 Pearl Street, New York, NY ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (jco) (Entered: 06/07/2002)

June 5, 2002

June 5, 2002

Case closed. (djc) (Entered: 06/14/2002)

June 10, 2002

June 10, 2002

Case reopened. (Partial Stip. of Dismissal; Case closed out in error). (ae) (Entered: 07/24/2002)

June 10, 2002

June 10, 2002

Case closed. (djc) (Entered: 02/03/2003)

June 10, 2002

June 10, 2002

45

Memorandum to Docket Clerk: A conference was held in the following case on 6/4/02 before Magistrate Judge Michael H. Dolinger. (ph) (Entered: 06/12/2002)

June 12, 2002

June 12, 2002

47

Memorandum to Docket Clerk: A conference was held on 11/18/02 before Mag. Judge Dolinger . (ae) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

48

CONSENT JUDGMENT: In settlement of this dispute, Reed, on behalf of the defendants, shall pay claimants a total sum of $2,300,000, which sum includes payment of claimants' attorneys' fees and costs. Defendants will not discriminate against any individual because of the individual's sex or subject any employee to sexual harassment as set forth in this document. This Decree will remain in effect for period of two years. The Clerk of Court is directed to close case 97 civ. 7168. Any pending motions are moot. ( signed by Judge Kimba M. Wood ) Entered On Docket: 2/20/03. Copies mailed by chambers. (kw) Modified on 02/24/2003 (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Sept. 20, 2000

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female employee of Simat, Hellieson and Eichner Inc. in their Manhattan office who was subjected to sexual harassment in violation of Title VII.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Simat, Helliesen and Eichner Inc. (New York, New York), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 135,000

Order Duration: 2002 - 2004

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

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

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits