Case: EEOC v. LUTHERAN MEDICAL CENTER

1:01-cv-05494 | U.S. District Court for the Eastern District of New York

Filed Date: Aug. 15, 2001

Closed Date: April 24, 2003

Clearinghouse coding complete

Case Summary

In August 2001, the New York District Office of the EEOC filed this lawsuit against Lutheran Medical Center in the U.S. District Court for the Eastern District of New York alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the EEOC's Press Release that the defendant allegedly permitted the sexual harassment of a class of fe…

In August 2001, the New York District Office of the EEOC filed this lawsuit against Lutheran Medical Center in the U.S. District Court for the Eastern District of New York alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the EEOC's Press Release that the defendant allegedly permitted the sexual harassment of a class of female employees when conducting employment-related medical examinations. The complainants intervened in this case in December 2001. Following a series of status and settlement conferences, the parties settled this lawsuit in May 2003 through a consent decree. The defendant was required to: pay a total of $5.425 million, with 1.308 million being divided among the 8 charging parties, revise its policies on anti-harassment, anti-retaliation, and pre-employment physical examinations and provide further training on anti-discrimination and anti-harassment issues.

Summary Authors

Keri Livingston (10/24/2007)

Documents in the Clearinghouse

Document

1:01-cv-05494

Docket

Equal Employment Opportunity v. Lutheran Medical Center

May 22, 2003

May 22, 2003

Docket

1:01-cv-05494

Draft Consent Decree

EEOC v. Lutheran Medical Center

2003 WL 21999600

March 28, 2003

March 28, 2003

Order/Opinion

1:01-cv-05494

Hospital in New York to Pay over $5 Million to Settle Sexual Harrassment by Doctor

EEOC v. Lutheran Medical Center

No Court

April 9, 2003

April 9, 2003

Press Release
46

1:01-cv-05494

Consent Decree

EEOC v. Lutheran Medical Center

April 9, 2003

April 9, 2003

Settlement Agreement
47

1:01-cv-05494

Stipulation of Dismissal with Prejudice

Givant, Linz, Emma, Larina, Dubson, Fidala, Gatto, and Rooney v. Lutheran Medical Center and Conrado Ponio, MD

May 22, 2003

May 22, 2003

Settlement Agreement

1:01-cv-05494

EEOC Litigation Settlement Report - April 2003

EEOC v. Lutheran Medical Center

No Court

Nov. 20, 2003

Nov. 20, 2003

Press Release

1:01-cv-05494

FY 2003 Office of General Counsel Annual Report

EEOC v. Lutheran Medical Center

No Court

Jan. 5, 2005

Jan. 5, 2005

Press Release

Resources

Docket

Last updated July 19, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Lutheran Medical Cen (Bowens, Priscilla) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

CASE REFERRED to Magistrate Cheryl L. Pollak (Bowens, Priscilla) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

4

MOTION by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney to intervene as party plaintiffs . Motion hearing [4-1] motion (Piper, Francine) (Entered: 09/27/2001)

Aug. 15, 2001

Aug. 15, 2001

5

MEMORANDUM OF LAW by Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney in support of [4-1] motion by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, Kathleen Rooney to intervene as party plaintiffs (Piper, Francine) (Entered: 09/27/2001)

Aug. 15, 2001

Aug. 15, 2001

28

Intervenor's COMPLAINT by Anna Givant, Sheila Linz, Phyllis Emma, Irina Larina, Iya Dubson, Isabela Fidala, Denise Gatto, and Katleen Rooney against Lutheran Medical Center, and Conrad Ponio, M.D. (Chee, Alvin) (Entered: 10/03/2002)

Aug. 15, 2001

Aug. 15, 2001

2

ORDER, dft's Lutheran Medical Center and Conrad Ponio, M.D. are each ordered to serve on the pltffs-intervenors their response to that part of the motion concerning the state law claims no later than 9/24/01. Pltffs- Intervenors will serve their reply papers, if any no later than 10/1/01. Pltffs-Intervenors will file the fully briefed motion with the court no later than 10/4/01. ( signed by Judge Reena Raggi , on 9/6/01) (Piper, Francine) (Entered: 09/10/2001)

Sept. 10, 2001

Sept. 10, 2001

3

LETTER dated 9/21/01 from Bettina Plevan to Judge Raggi, Lutheran Medical Center request a thirty day extension until 10/24/01 to respond to the pending motion to intervene. (Piper, Francine) (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

7

ORDER, the deft. Lutheran Medical Center requests a thirty-day extension of time in which to respond to the motion to intervene, and notes the consent of moving counsel. The court hereby grants this request and orders defts. Lutheran Medical Center and Conrad Ponio, M.D. to serve their response no late than 10/24/01. The pltfs.-intervenors will serve their reply papers, if any, no later than 10/31/01. The pltfs.- intervenors will file the fully-briefed motion with the court no later than 11/2/01. ( signed by Judge Reena Raggi , on 9/25/01). c/m (Greene, Donna) (Entered: 09/28/2001)

Sept. 27, 2001

Sept. 27, 2001

8

STIPULATION and ORDER: The last day for defendant to serve an answer to complaint will be 11/15/01 (rather than 10/15/01). C/M by chambers. ( signed by Judge Reena Raggi , on 10/16/01) (Chee, Alvin) (Entered: 10/17/2001)

Oct. 17, 2001

Oct. 17, 2001

9

LETTER dated 10/24/01 from Loren Gesinsky to Judge Raggi, writing to inform the court that the parties have agreed orally that pltfs.-intervenors be permitted to intervene against LMC and Conrado Poio, M.D. (Greene, Donna) (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

10

NOTICE of Temporary Address of the Equal Employment Opportunity Commissions. (Piper, Francine) (Entered: 11/21/2001)

Nov. 21, 2001

Nov. 21, 2001

11

ORDER, the court schedules a status conference for 12/4/01 at 9:00. ( signed by Judge Reena Raggi , on 11/27/01) c/m (Piper, Francine) (Entered: 12/03/2001)

Dec. 3, 2001

Dec. 3, 2001

12

LETTER dated 11/27/01 from Robert Herbst to Judge Raggi, confirming that the status conference will be held on 12/4/01 at 9:00. (Piper, Francine) (Entered: 12/04/2001)

Dec. 4, 2001

Dec. 4, 2001

14

LETTER dated 11/26/01 from Robert Herbst to Judge Raggi, requesting a brief in-court conference. (Piper, Francine) (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

15

LETTER dated 11/30/01 from Bettina Plevan to Judge Raggi, in response to the 11/26 letter from intervenors counsel and in anticipation of the 12/4 conference. (Piper, Francine) (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

16

LETTER dated 12/1/01 from Loren Gesinsky to Judge Raggi, enclosing the proposed order permitting intervention and the stipulation discontinuing action which were omitted inadvertently from the 11/30/01 letter to the court. (Piper, Francine) (Entered: 12/14/2001)

Dec. 14, 2001

Dec. 14, 2001

17

STIPULATION and ORDER, the last day for dfts to serve answers to the complaint and the complaint in intervention will be 3/8/02. ( signed by Judge Reena Raggi , on 1/28/02) c/m (Piper, Francine) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

18

AMENDED COMPLAINT by Equal Employment Opp , amending [1-1] complaint. (Chee, Alvin) (Entered: 03/26/2002)

March 7, 2002

March 7, 2002

18

DEMAND for jury trial by Equal Employment Opp. (Chee, Alvin) (Entered: 03/26/2002)

March 7, 2002

March 7, 2002

19

ORDER, An Initial Conference has been scheduled for 5/28/02 at 12:00 before Mag. Pollak. ( signed by Magistrate Cheryl L. Pollak , on 4/1/02) (Piper, Francine) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

20

STIPULATION and ORDER, the last day for dfts to serve answers to the amended complaint and the complaint in intervention will be 5/22/02. ( signed by Judge Reena Raggi , on 4/2/02) c/m (Piper, Francine) (Entered: 04/05/2002)

April 5, 2002

April 5, 2002

22

Calendar entry: Before Mag. Pollak on 5/28/02. Case called. Next conference scheduled for 9/4 at 11:30. Deadline for diling answers extended; date to be set at next conf. Parties to confer in questionaire to be setn to claimants re injuries. Settlement discussions ongoing. Conference 9/4 at 11:30. (Greene, Donna) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

21

LETTER dated 5/23/02 from Kam S. Wong to Mag. Pollak, advising that EEOC is still in the process of ascertaining the size and nature of the class claims and intend to make an offer to dft by the end of May 2002. (Piper, Francine) (Entered: 05/29/2002)

May 29, 2002

May 29, 2002

23

INTER-OFFICE MEMO from M.J. Pollak to Terry Vaughn, Operations Mgr., dated 5/29/02, recusing herself from this case & requesting that another mag. judge be assigned by random selection. (Vaughn, Terry) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

24

ORDER setting status conference for 7/17/02 at 10:00 before Mag. Go. ( signed by Magistrate Marilyn D. Go , on 6/27/02). (Greene, Donna) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

25

Calendar entry: before MJ Go on 8/5/02 for status conference. Counsel for parties present. Further settlement discussions held. A scheduling order will be issued at the next conference if substantial progress is not made in negotiations. The next conference scheduled for 9/5/02 at 2:30 PM. (Chee, Alvin) (Entered: 08/08/2002)

Aug. 5, 2002

Aug. 5, 2002

26

Calendar entry: Before Mag. Go on 8/5/02 for a Status Conference. Further settlement discussion held. A Scheduling Order will be issued at the next conference if substantial progress is not made in negotiations. Next conference 9/5/02 at 2:30. (Piper, Francine) (Entered: 08/22/2002)

Aug. 5, 2002

Aug. 5, 2002

27

Calendar entry: Before Mag. Go on 9/3/02 for a Status Conference. Unsuccessful settlement discussions held. Dft's time to answer the complaint is extended to 9/30/02. Factual discovery to be completed by 5/30/02. Next conference 10/18/02 at 2:00. (Piper, Francine) (Entered: 09/05/2002)

Sept. 3, 2002

Sept. 3, 2002

29

ANSWER by Conrad Ponio to [28-1] intervenor complaint. (Chee, Alvin) (Entered: 10/03/2002)

Sept. 30, 2002

Sept. 30, 2002

30

ANSWER by Lutheran Medical to [28-1] intervenor complaint. (Chee, Alvin) (Entered: 10/03/2002)

Oct. 1, 2002

Oct. 1, 2002

31

ANSWER by Lutheran Medical Cen to amended complaint. (Chee, Alvin) (Entered: 10/03/2002)

Oct. 1, 2002

Oct. 1, 2002

32

Disclosure of interested parties by Lutheran Medical. (Chee, Alvin) (Entered: 10/03/2002)

Oct. 1, 2002

Oct. 1, 2002

CASE reassigned to VJ, Leonard B. Sand from Judge Reena Raggi. (Bowens, Priscilla) (Entered: 10/10/2002)

Oct. 7, 2002

Oct. 7, 2002

33

ORDER granting the adjournment of the conference dtd 10/18/02 until 12/17/02 at 11:30am. ( signed by Magistrate Marilyn D. Go , on 10/17/02) (see letter dtd 10/17/02 by Loren Gesinsky, Esq. to Mag. Go). (Sica, Michele) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

34

E.E.O.C.'S NOTICE of Address Change, as of 11/12/02. the New YOrk District Office of the EEOC is moving to 33 Whitehall Street, 5th Floor, NY,NY 10004. (Piper, Francine) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

35

Calendar entry: before MJ Go on 12/17/02 for status conference. Counsel for parties present. Further settlement discussions held. Parties with authority to settle must be available in person or by telephone at the next conference. Next conference scheduled for 1/10/03 at 11:30 AM. (Chee, Alvin) (Entered: 12/26/2002)

Dec. 17, 2002

Dec. 17, 2002

37

Calendar entry: Before Mag. Go on 1/27/03 for a Status Conference. Prior to the next conference, the parties should send the court copies of the settlement documents containing any disputed languaged. Next conference 2/3/03 at 4:00. (Piper, Francine) (Entered: 01/31/2003)

Jan. 27, 2003

Jan. 27, 2003

38

Calendar entry: Before Status Conference on 2/3/03 for a Status Conference. Further discussions held regarding the settlement in light of recent developments and the terms of the proposed written settlement agreement. Next Conference 2/5/03 at 5:00 (by telephone). (Piper, Francine) (Entered: 02/06/2003)

Feb. 3, 2003

Feb. 3, 2003

39

Calendar entry: Before Mag. Go on 2/5/03 for a Status Conference. Next Conference 2/26/03 at 5:30. (Piper, Francine) (Entered: 02/07/2003)

Feb. 5, 2003

Feb. 5, 2003

40

Calendar entry: Before Mag. Go on 2/26/03 for a Status Conference. Revised settlement agreements must be sent to plaintiffs by the beginning of next week. Next conference 3/11/03 at 4:30. (Piper, Francine) (Entered: 03/05/2003)

Feb. 26, 2003

Feb. 26, 2003

43

Calendar entry: Before Mag. Go on3/11/03 at 4:30. Case called. Further settlement discussions held. Next conference scheduled for 3/13/03 at 4:30. (Greene, Donna) (Entered: 03/14/2003)

March 11, 2003

March 11, 2003

41

LETTER dated 3/7/03 from Bettina B. Plevan to Mag. Go, requesting that the settlement conference currently scheduled for 3/11 be rescheduled for later in the week. (Greene, Donna) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

Endorsed order on doc. #41. Application denied. However, the parties may appear by telephone conference call. Pltf. should endeavor to respond to defts. latest settlement documents earlier than Monday afternoon. Notify the other parties. ( Signed by Magistrate Marilyn D. Go , on 3/7/03) (Greene, Donna) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

42

Calendar entry: Before Mag. Go on 3/13/03 at 4:30. Case called. Next conference scheduled for 3/18/03 at 5:00. The parties are progressing in resolving disputes ove the terms of the written settlement agreement. (Greene, Donna) (Entered: 03/14/2003)

March 13, 2003

March 13, 2003

44

Calendar entry: Before Mag. Go on 3/18/03 at 5:00. Case called. Further discussions held. Next conference scheduled for 3/26/03 at 2:00 (by tel). (Greene, Donna) (Entered: 03/25/2003)

March 18, 2003

March 18, 2003

45

LETTER dated 4/9/03 from Kam Wong to Clerk of Court, enclosing a Consent Decree. (Piper, Francine) Modified on 04/24/2003 (Entered: 04/14/2003)

April 9, 2003

April 9, 2003

46

CONSENT DECREE. LMC shall pay a total of $5,425,000 to be distributed amongst Claimants, Charging Parties, and Charging Parties attorneys. ( signed by VJ, Leonard B. Sand on 4/21/03). ** See Decree for more details ** (Greene, Donna) (Entered: 04/24/2003)

April 9, 2003

April 9, 2003

Case closed (Greene, Donna) (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

47

STIPULATION OF DISMISSAL WITH PREJUDICE. ( Signed by Judge VJ, Leonard B. Sand on 5/19/03). (Piper, Francine) (Entered: 05/22/2003)

May 22, 2003

May 22, 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: Aug. 15, 2001

Closing Date: April 24, 2003

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

M.D. Conrad Ponio (Brooklyn, New York), Private Entity/Person

Lutheran Medical Center (Brooklyn, New York), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 5425000

Order Duration: 2003 - 2006

Content of Injunction:

Reinstatement

Post/Distribute Notice of Rights / EE Law

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit