Case: EEOC v. Rappaport, Hertz, Cherson & Rosenthal, P.C.

2:02-cv-05259 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 30, 2002

Closed Date: Dec. 31, 2005

Clearinghouse coding complete

Case Summary

In September 2002, the New York district office of the EEOC brought this Title VII suit against Rapport, Hertz, Cherson & Rosenthal, P.C. in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant law firm discriminated against the claimant by subjecting the claimants, and other female employees, to a practice of sexual harassment, retaliating against complaining employees, by subjecting them to more sexual harassments, and causing the claimants t…

In September 2002, the New York district office of the EEOC brought this Title VII suit against Rapport, Hertz, Cherson & Rosenthal, P.C. in the U.S. District Court for the Eastern District of New York. The complaint alleged that the defendant law firm discriminated against the claimant by subjecting the claimants, and other female employees, to a practice of sexual harassment, retaliating against complaining employees, by subjecting them to more sexual harassments, and causing the claimants to be constructively discharged. The claimant intervened in the in July of 2003. The court granted the defendant's motion to compel arbitration in July 2003, but the parties settled during mediation in September 2003. The court entered a consent decree in December 2003.

The two year consent decree required the defendant to refrain from discrimination and retaliation, post notice, review and revise its anti-discrimination policy, distribute its anti-discrimination policy, provide Title VII training for supervisory staff (four hours plus a one hour refresher every year) and non-supervisory employees (two hours), provide the claimant with neutral references, pay the claimant $50,000, drop its arbitration with the American Arbitration Association, and give the EEOC the right to monitor its compliance with the decree.

Summary Authors

Kevin Wilemon (7/31/2007)

Documents in the Clearinghouse

Document

2:02-cv-05259

Docket

EEOC v. Rappaport, Hertz, Cherson, and Rosenthal, PC.

Dec. 31, 2003

Dec. 31, 2003

Docket
1

2:02-cv-05259

Complaint

EEOC v. Rappaport, Hertz, Cherson, and Rosenthal, PC.

Sept. 30, 2002

Sept. 30, 2002

Complaint
37

2:02-cv-05259

Memorandum of Decision and Order

EEOC v. Rappaport, Hertz, Cherson, and Rosenthal, PC.

273 F.Supp.2d 260

July 29, 2003

July 29, 2003

Order/Opinion
44

2:02-cv-05259

Consent Decree

EEOC v. Rappaport, Hertz, Cherson, and Rosenthal, PC.

Dec. 31, 2003

Dec. 31, 2003

Settlement Agreement

Resources

Docket

Last updated Aug. 8, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed and summons issued as to defendant(s) Rappaport, Hertz, Cherson, and Rosenthal, PC.. Jury trial demanded.. Filed by Michele J. Le Moal-Gray on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Basile, Antonietta) (Entered: 10/02/2002)

Sept. 30, 2002

Sept. 30, 2002

3

MOTION by Rabbia Ashraf for an Order 1) permitting Ashraf to intervene as a party pltff in this case and accept for filing her Complaint against Rappaport, Hertz, Cherson & Rosenthal, P.C. 2) exercising the Court's supplemental jurisdiction pursuant to 28 USC 1367 over Ashraf's Complaint and her claims contained therein. (Coleman, Laurie) (Entered: 12/11/2002)

Nov. 19, 2002

Nov. 19, 2002

4

MEMORANDUM OF LAW Re: In support of [3] Motion to Intervene by Rabbia Ashraf. (Coleman, Laurie) (Entered: 12/11/2002)

Nov. 19, 2002

Nov. 19, 2002

5

AFFIDAVIT/DECLARARTION OF Louis Pechman Re: In support of [3] Motion to Intervene filed on behalf of Rabbia Ashraf (interested-pty). (Coleman, Laurie) (Entered: 12/11/2002)

Nov. 19, 2002

Nov. 19, 2002

2

Letter from Louis Pechman to Judge Spatt, dated 11/20/02 re: because of an error in our copying, the complaint, attached as Exhibit A tothe Declaration in Support of Rannia Ashraf's motion to Intervene, submitted on 11/18/02, may have been missing pages 8-10. Enclosed are supplementary pages to be inserted into the complaint. We apologize for any inconvenience. (Harper, Karene) (Entered: 12/09/2002)

Nov. 21, 2002

Nov. 21, 2002

6

CROSS-MOTION by Rappaport, Hertz, Cherson, and Rosenthal, PC. Re: To compel Rabbia Ashraf to arbitrate her Complaint against dfts and honor the terms of her employment agreement; And in opposition to Ashraf's motion to Intervene as an unconditional right. (Coleman, Laurie) (Entered: 12/12/2002)

Dec. 9, 2002

Dec. 9, 2002

7

AFFIDAVIT of Joan M. Gilbride on behalf of Rappaport, Hertz, Cherson, and Rosenthal, P.C. Re: In support of dft's [6] MOTION to Compel Arbitration; And in opposition to pltff's [3] Motion to Intervene. (Coleman, Laurie) (Entered: 12/12/2002)

Dec. 9, 2002

Dec. 9, 2002

8

MEMORANDUM OF LAW by Rappaport, Hertz, Cherson, and Rosenthal, P.C. Re: In support of dft's [6] MOTION to Compel Arbitration; and in opposition to the [3] Motion of Rabbia Ashraf to Intervene as an unconditional right. (Coleman, Laurie) (Entered: 12/12/2002)

Dec. 9, 2002

Dec. 9, 2002

10

MEMORANDUM OF LAW Re: In opposition to dft's [6] Cross-Motion to compel arbitration; and in further support of pltff-intervenor's [3] Motion to Intervene by Rabbia Ashraf. (Coleman, Laurie) (Entered: 12/30/2002)

Dec. 26, 2002

Dec. 26, 2002

11

MEMORANDUM OF LAW by E.E.O.C. Re: In opposition to dft/cross-movant Rappaport, Hertz, Cherson & Rosenthal, P.C.'s [6] cross-motion to compel arbitration; and in opposition to the [3] motion of Rabbia Ashraf for leave to intervent as an unconditional right.(Coleman, Laurie) (Entered: 01/08/2003)

Jan. 2, 2003

Jan. 2, 2003

12

AFFIRMATION of Michele J. Le Moal-Gray on behalf of the E.E.O.C. Re: In opposition to dft/cross-movant Rappaport, Hertz, Cherson & Rosenthal, P.C.'s [6] cross-motion to compel arbitration; and in opposition to the [3] motion of Rabbia Ashraf for leave to intervent as an unconditional right.(Coleman, Laurie) (Entered: 01/08/2003)

Jan. 2, 2003

Jan. 2, 2003

13

REPLY MEMORANDUM OF LAW Re: In further support of dft/cross-movant's [6] motion to compel Arbitration filed by Rappaport, Hertz, Cherson, and Rosenthal, PC. (Entitled: Memorandum of Law in Support of dft/cross-movant's reply to Rabbia Ashraf's and pltff's opposition to dft's cross-motion to Compel Arbitration). (Coleman, Laurie) (Entered: 01/13/2003)

Jan. 8, 2003

Jan. 8, 2003

14

AFFIDAVIT of Joan M. Gilbride on behalf of dft/cross-movant Rappaport, Hertz, Cherson & Rosenthal, P.C. Re: In further support of dft's [6] motion to compel arbitration. Ashraf's motion to intervene should be denied in its entirety and Ashraf should be compelled to arbitrate her state and local claims against the dft. (Coleman, Laurie) (Entered: 01/13/2003)

Jan. 8, 2003

Jan. 8, 2003

15

ANSWER to Complaint by Rappaport, Hertz, Cherson, and Rosenthal, PC.(Fagan, Linda) (Entered: 01/30/2003)

Jan. 21, 2003

Jan. 21, 2003

17

MOTION to Dismiss all claims seeking class-wide relief for a putative Class of aggrieved female employees that does not exist and , MOTION to Strike all claims pertaining to Individuals other than Rabbia Ashraf, pursuant to FRCP 12(f) by Rappaport, Hertz, Cherson, and Rosenthal, PC.. (Coleman, Laurie) (Entered: 03/21/2003)

March 19, 2003

March 19, 2003

18

AFFIDAVIT of Joan M. Gilbride on behalf of Rappaport, Hertz, Cherson, and Rosenthal, P.C. Re: In Support of dfts' [17] MOTION to Dismiss all claims seeking class-wide relief for a putative Class of aggrieved female employees that does not exist and MOTION to Strike all claims pertaining to Individuals other than Rabbia Ashraf, pursuant to FRCP 12(f) . (Coleman, Laurie) (Entered: 03/21/2003)

March 19, 2003

March 19, 2003

19

MEMORANDUM OF LAW Re: In Support of dfts' [17] MOTION to Dismiss all claims seeking class-wide relief for a putative Class of aggrieved female employees that does not exist and MOTION to Strike all claims pertaining to Individuals other than Rabbia Ashraf, pursuant to FRCP 12(f) by by Rappaport, Hertz, Cherson, and Rosenthal, PC.. (Coleman, Laurie) (Entered: 03/21/2003)

March 19, 2003

March 19, 2003

20

DISCLOSURE of Interested Parties by Rappaport, Hertz, Cherson, and Rosenthal, PC..(Coleman, Laurie) (Entered: 03/21/2003)

March 19, 2003

March 19, 2003

21

MEMORANDUM OF LAW by Equal Employment Opportunity Commission Re: In Opposition to the dft's [17] MOTION to Dismiss Class Claims and to Strike Certain Individual Claims. (Coleman, Laurie) (Entered: 04/08/2003)

April 4, 2003

April 4, 2003

22

DECLARATION of Michelle J. Le Moal-Gray on behalf of the Equal Employment Opportunity Commission Re: In Opposition to dft's [17] MOTION to Dismiss all claims seeking class-wide relief and to Strike all claims pertaining to individuals other than Rabbia Ashraf. (Coleman, Laurie) (Entered: 04/08/2003)

April 4, 2003

April 4, 2003

23

MOTION for Protective Order , pursuant to FRCP 26(c)(2), precluding dfts from engaging in ex parte communications with the current or former employees, who are or will be identified as claimants in this action, regarding the allegations raised in this law suit, by Equal Employment Opportunity Commission. (Coleman, Laurie) (Entered: 04/10/2003)

April 7, 2003

April 7, 2003

24

MEMORANDUM OF LAW by Equal Employment Opportunity Commission Re: In Support of their [23] MOTION for Protective Order , pursuant to FRCP 26(c)(2), precluding dfts from engaging in ex parte communications with the current or former employees, who are or will be identified as claimants in this action, regarding the allegations raised in this lawsuit. (Coleman, Laurie) (Entered: 04/10/2003)

April 7, 2003

April 7, 2003

25

DECLARATION (April 3, 2003) of Michelle J. LeMoal-Gray Re: In Support of pltff's [23] MOTION for a Protective Order , pursuant to FRCP 26(c)(2), precluding dfts from engaging in ex parte communications with the current or former employees, who are or will be identified as claimants in this action, regarding the allegations raised in this lawsuit. (Coleman, Laurie) (Entered: 04/10/2003)

April 7, 2003

April 7, 2003

ENDORSED ORDER granting [26] letter request for an extension of time until 4/22/03 to serve the dft's reply in further support of its Motion to Dismiss Class Claims and to Strike Certain Individual Claims. EOD #26. C/M (Coleman, Laurie) (Entered: 04/21/2003)

April 17, 2003

April 17, 2003

27

REPLY to Response to Motion re [17] MOTION to Dismiss all claims seeking class-wide relief for a putative Class of aggrieved female employees that does not exist and MOTION to Strike all claims pertaining to Individuals other than Rabbia Ashraf, pursuant to FRCP 12(f) MOTION to Strike all claims pertaining to Individuals other than Rabbia Ashraf, pursuant to FRCP 12(f) filed by Rappaport, Hertz, Cherson, and Rosenthal, PC.. (Gilbride, Joan) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

28

ORDER - A conference will be held in this case on 5/22/03 @ 2:00 p.m. before USMJ Lindsay. All counsel must be present. Pltff's counsel is directed to ensure that a copy of this Order be served upon all parties. (Signed by Magistrate Judge Arlene R. Lindsay, on 4/22/03). C/M (Coleman, Laurie) (Entered: 04/24/2003)

April 22, 2003

April 22, 2003

29

RESPONSE in Opposition re [23] MOTION for Protective Order , pursuant to FRCP 26(c)(2), precluding dfts from engaging in ex parte communications with the current or former employees, who are or will be identified as claimants in this action, regarding the allegations raised in t filed by Rappaport, Hertz, Cherson, and Rosenthal, PC.. (Gilbride, Joan) (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

30

REPLY MEMORANDUM OF LAW by Rappaport, Hertz, Cherson, and Rosenthal, PC. Re: In further support of dfts' [17] MOTION to Dismiss Class Claims and to Strike Certain Individual Claims; and in reply to the EEOC's Memorandum of Law opposing the dft's motion. (Coleman, Laurie) (Entered: 04/28/2003)

April 24, 2003

April 24, 2003

31

MEMORANDUM OF LAW by Rappaport, Hertz, Cherson, and Rosenthal, PC. Re: In Opposition to pltff's [23] MOTION for a Protective Order.(Coleman, Laurie) (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

32

AFFIDAVIT of Joan M. Gilbride on behalf of dfts Rappaport, Hertz, Cherson, and Rosenthal, PC. Re: In opposition to pltff's [23] MOTION for a Protective Order. (Coleman, Laurie) (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

33

REPLY MEMORANDUM by Equal Employment Opportunity Commision Re: In further support of pltff's [23] MOTION for Protective Order , pursuant to FRCP 26(c)(2), precluding dfts from engaging in ex parte communications with the current or former employees, who are or will be identified as claimants in this action, regarding the allegations raised in this lawsuit. (Coleman, Laurie) (Entered: 05/14/2003)

May 12, 2003

May 12, 2003

34

AFFIDAVIT/DECLARATION of Michelle J. Le Moal-Grey (May 7, 2003) on behalf of the Equal Employment Opportunity Commission Re: In further support of pltff's [23] MOTION for Protective Order , pursuant to FRCP 26(c)(2), precluding dfts from engaging in ex parte communications with the current or former employees, who are or will be identified as claimants in this action, regarding the allegations raised in this lawsuit. (Coleman, Laurie) (Entered: 05/14/2003)

May 12, 2003

May 12, 2003

35

LETTER MOTION from Louis Pechman to Judge Lindsay Re: Request for an adjournment of the 5/22/03 conference. (Coleman, Laurie) (Entered: 05/27/2003)

May 15, 2003

May 15, 2003

ENDORSED ORDER granting [35] Letter Application for an adjournment of the 5/22/03 conference. The 5/22/03 conference is rescheduled for 7/14/03 @ 2:00 p.m. before USMJ Lindsay. (Signed by Magistrate-Judge Arlene R. Lindsay, on 5/15/03). EOD #35. C/F (Coleman, Laurie) (Entered: 05/27/2003)

May 15, 2003

May 15, 2003

36

Letter from Louis Pechman to The Honorable Arlene R. Lindsay, dated 6/19/03 re: To confirm that the conference in the above-referenced matter will be rescheduled to 7/16/03 at 2:00 p.m. (Fagan, Linda) (Entered: 07/14/2003)

June 20, 2003

June 20, 2003

Endorsed ORDER on [36] Letter; So Ordered; Status Conference reset for 7/16/03 at 2:00 p.m. before Magistrate-Judge Arlene R. Lindsay.( Signed by Judge Arlene R. Lindsay on 6/20/03. ) c/f eod #36(Fagan, Linda) (Entered: 07/14/2003)

June 20, 2003

June 20, 2003

38

MINUTE ENTRY; Case called before USMJ Lindsay on 7/16/03 @ 2:00 p.m., for Civil Cause for Initial Conference. Counsel for all sides present. Intervenor - Mr. Beckman. Parties to provide joint status letter by 9/29/03 as to the status of mediation. Ms. LeMaol-Gray directed to serve a copy of this order on all parties upon receipt. So Ordered. C/F (Coleman, Laurie) (Entered: 08/08/2003)

July 16, 2003

July 16, 2003

39

ORDER REFERRING CASE to Mediation - The parties stipulate, through counsel, that they seek to have the above-captioned case designated for inclusion in the court-annexed mediation program of the USDC/EDNY, at the Court's earliest convenience. Mediation to be scheduled for date after 8/15/03. (Signed by Magistrate-Judge Arlene R. Lindsay, on 7/16/03). C/G(Coleman, Laurie) (Entered: 08/08/2003)

July 16, 2003

July 16, 2003

Case referred to mediation.. Signed by Judge Arlene R. Lindsay on 07/16/2003. (Lepp, Gerald)(dcstat) (Entered: 02/25/2004)

July 16, 2003

July 16, 2003

40

LETTER MOTION from Joan Gilbride to Judge Spatt Re: All parties agreed that oral argument is not necessary and, therefore, we request that the scheduled oral argument be cancelled. (Coleman, Laurie) (Entered: 08/08/2003)

July 17, 2003

July 17, 2003

ENDORSED ORDER granting [40] Letter Application requesting that oral argument scheduled for 7/25/03 be cancelled. (Signed by Judge Arthur D. Spatt, on 7/18/03). EOD #40. C/M (Coleman, Laurie) (Entered: 08/08/2003)

July 17, 2003

July 17, 2003

37

ORDER granting [3] Motion to Intervene; Ashraf's request that the Court exercise supplemental jurisdiction over her state and local claims is granted; granting [6] Motion to Compel arbitration of Ashraf's Title VII, state, and local claims; and that Ashraf's proceedings agains the deft. is stayed pending the conclusion of the arbitation proceeding. Signed by JudgeArthur D. Spatt on 7/29/03. c/m. (Dachille, Patty) (Entered: 08/06/2003)

July 29, 2003

July 29, 2003

42

INTEROFFICE MEMORANDUM/E-MAIL dated 9/24/03 from Gerald P. Lepp to Judge Spatt/Judge Lindsay Re: This case has settled following mediation. Counsel will forward you a stipulation of discontinuance. (Coleman, Laurie) Additional attachment(s) added on 9/30/2003 (Coleman, Laurie). (Entered: 09/30/2003)

Sept. 24, 2003

Sept. 24, 2003

ENDORSEMENT of 42 Interoffice Memorandum/Email Re: This case has settled following mediation. Case Closed. (Signed by Judge Arthur D. Spatt on 9/24/03). (Coleman, Laurie) (Entered: 09/30/2003)

Sept. 24, 2003

Sept. 24, 2003

43

LETTER dated 9/24/03 from Joan Gilbride counsel for dft/Michele Le Moal-Gray counsel for pltff to Judge Lindsay Re: In response to the Court's request, the parties to this action submit this status report. As per the Court's order, the parties engaged in mediation on 9/16/03, which resulted in an agreement that the case would be resolved through the entry of a Consent Decree by the Court. The parties have reached agreement on the amount of the financial consideration. The parties request that the Court await the submission of the Consent Decree and take no further action on this case at this time. (Coleman, Laurie) (Entered: 10/08/2003)

Sept. 26, 2003

Sept. 26, 2003

44

CONSENT DECREE - The EEOC and Rappaport desire to compromise and settle the differences embodied in this action, and intend that the terms and conditions of the settlement be set forth in this Consent Decree. The parties agree that it is in their mutual interest to resolve this matter fully without the costs, uncertainty, expense and delay of litigation. This agreement is not an admission of liability by Rapaport, nor shall it be construed as such. The parties consent to the entry of this Decree as final and binding between Rapaport and the EEOC, who are the signatories hereto, and their future successors or assigns. This Decree will remain in effect until two (2) years from the date of the Court's entry of this Consent Decree. (See Consent Decree for further details). (Signed by Judge Arthur D. Spatt on 12/31/03). C/M(Coleman, Laurie) Additional attachment(s) added on 2/5/2004 (Coleman, Laurie). (Entered: 02/05/2004)

Dec. 31, 2003

Dec. 31, 2003

45

STIPULATION OF DISMISSAL - Pursuant to FRCP Rule 41(a)(1)(ii), the above entitled actions is dismissed with prejudice as to all dfts and without costs or attorney's fees to either party. Case Closed. (Signed by Judge Arthur D. Spatt on 12/31/03). C/M(Coleman, Laurie) (Entered: 02/05/2004)

Dec. 31, 2003

Dec. 31, 2003

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2002

Closing Date: Dec. 31, 2005

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

Rappaport, Hertz, Cherson & Rosenthal, P.C. (Forest Hill, 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

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: 50000

Order Duration: 2003 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Monitoring

Neutral/Positive Reference

Other requirements regarding hiring, promotion, retention

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit