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Case: EEOC v. William O Benenson Rehabilitation Pavilion

1:05-cv-04601 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 29, 2005

Closed Date: July 9, 2012

Clearinghouse coding complete

Case Summary

The New York office of the EEOC brought this suit against the William O. Beneson Rehabilitation Pavilion and Flushing Manor Geriatric Center, Inc. in the Eastern District of New York in September 2005. The complaint alleged the defendants violated Title VII of the Civil Rights Act of 1964 by subjecting employees to harassment, discipline, discharge and other unequal conditions of employment based on their race, black, and national origin, Caribbean. The complaint filed by the EEOC and the com…

The New York office of the EEOC brought this suit against the William O. Beneson Rehabilitation Pavilion and Flushing Manor Geriatric Center, Inc. in the Eastern District of New York in September 2005. The complaint alleged the defendants violated Title VII of the Civil Rights Act of 1964 by subjecting employees to harassment, discipline, discharge and other unequal conditions of employment based on their race, black, and national origin, Caribbean. The complaint filed by the EEOC and the complaints filed by private plaintiffs also alleged the defendants retaliated against employees who brought complaints on behalf of themselves and on behalf of other employees. Five private plaintiffs were permitted to intervene in the suit. After several discovery disputes and a referral to mediation, the parties entered a consent decree in April 2007.

The consent decree included non-discrimination and non-retaliation clauses, required the defendants to develop anti-discrimination policies, and post and distribute notice of employment rights. The defendants also agreed to provide equal employment opportunity training to all employees, with additional training of managers and agreed to submit reports to the EEOC regarding complaints of racial or national origin harassment within thirty days of receiving any such complaints. The EEOC retained the right to monitor compliance with the decree by inspection of defendants' premises, records and through interviews of employees. The injunctive parts of the decree had a term of five years. The defendant also agreed to pay $900,000 to twenty-nine employees, with claimants not already represented by private counsel to be compensated up to $750.00 for consultation with an attorney before signing any release. A stipulated order in July 2012 recognized that the decree expired in April 2012 and defendants had fulfilled their obligations under the consent decree; the case was dismissed.

Summary Authors

Kevin Wilemon (8/6/2008)

Rachel Barr (4/8/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12207097/parties/united-states-equal-employment-opportunity-commission-us-eeoc-v-william/


Judge(s)

Gershon, Nina (New York)

Attorneys(s) for Plaintiff

Chandy, Sunu P. (New York)

Watanabe, Laura A. (New York)

Yamada, Stella Natsue (New York)

Attorneys(s) for Defendant

Ehrlich, David R. (New York)

Wenger, Marc S. (New York)

Other Attorney(s)

Active

Judge(s)

Gershon, Nina (New York)

Attorneys(s) for Plaintiff

Chandy, Sunu P. (New York)

Watanabe, Laura A. (New York)

Yamada, Stella Natsue (New York)

Attorneys(s) for Defendant

Ehrlich, David R. (New York)

Wenger, Marc S. (New York)

Other Attorney(s)

Van-lare, Albert (New York)

Documents in the Clearinghouse

Document
1

1:05-cv-04601

Complaint

EEOC v. William O. Benenson Rehabilitation Pavilion

Sept. 29, 2005

Sept. 29, 2005

Complaint
10

1:05-cv-04601

Complaint and Jury Trial Demand [of Intervenor Plaintiffs]

EEOC v. William O. Benenson Rehabilitation Pavilion

Jan. 5, 2006

Jan. 5, 2006

Complaint
12

1:05-cv-04601

Verified Complaint [of Intervenor Plaintiff]

EEOC v. William O. Benenson Rehabilitation Pavilion

Jan. 5, 2006

Jan. 5, 2006

Complaint
60

1:05-cv-04601

Consent Decree

EEOC v. William O. Benenson Rehabilitation Pavilion

April 20, 2007

April 20, 2007

Settlement Agreement

EEOC Press Release: "Geriatric Center to Pay $900,000 for Race Bias, National Origin Discrimination, Retaliation"

EEOC v. William O. Benenson Rehabilitation Pavilion

No Court

April 23, 2007

April 23, 2007

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12207097/united-states-equal-employment-opportunity-commission-us-eeoc-v-william/

Last updated Oct. 28, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc. $ 250, filed by United States Equal Employment Opportunity Commission (US EEOC). (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

Clearinghouse

Summons Issued as to William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Bowens, Priscilla)

Sept. 29, 2005

Sept. 29, 2005

PACER
2

ANSWER to Complaint by all defendants.(Wenger, Marc) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
3

Rule 7.1 in connection with ANSWER to Complaint by all defendants.(Wenger, Marc) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

PACER
4

SCHEDULING ORDER: Initial Conference set for 12/20/2005 12:00 PM in Courtroom B before Magistrate-Judge Roanne L. Mann.. Ordered by Judge Roanne L. Mann on 11/29/05. (Maynard, Pat) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
5

Letter from Laura A. Watanabe to Judge Nina Gershon Regarding Inquiry regarding pre-motion conference. (Watanabe, Laura) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
6

ORDER re 5 Letter. Counsel for the four Charging Parties is welcome to attend the 12/20/05 initial conference (at noon). Ordered by Judge Roanne L. Mann on 11/30/05. (Maynard, Pat) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER

SCHEDULING ORDER: Pre Motion Conference set for 12/20/2005 2:30 PM in Courtroom 4 before Judge Nina Gershon. Ordered by Judge Nina Gershon on 12/9/2005. (Joe, Victor)

Dec. 9, 2005

Dec. 9, 2005

PACER
7

Letter from Albert Van-Lare Esq to Judge Gershon and Judge Mann Regarding Request to intervene. (Van-Lare, Albert) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
8

ENDORSED ORDER re 7 Letter. Counsel for Jean-Louis is welcome to attend the 12/20/05 initial conference. So ordered by Judge Roanne L. Mann on 12/19/05. (Shindel, Cory) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
9

Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 12/20/2005. The case is sent for court-annexed mediation. Fact discovery to be completed by 10/6/06. The parties shall file a status report by 9/8/06 (Tape #05/25 (3602-6371).) (Maynard, Pat) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
10

Intervenor COMPLAINT, filed by Marie Cilus, Frederick Hylton, Petrona Simms, Tanya Weir. (Attachments: # 1 Exhibit Notice of Determination# 2 Affidavit Certificate of Service)(Watanabe, Laura) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

Clearinghouse
11

STIPULATION and Order by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

PACER
12

COMPLAINT UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ETAL v. WILLIAM O BENENSON REHABILITATION PAVILION ETAL against all defendants filing fee $ 250, receipt number 1612075, filed by YANIC JEAN-LOUIS.(Van-Lare, Albert) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

Clearinghouse
13

ORDER re 11 Stipulation filed by Flushing Manor Geriatric Center, Inc.,, William O. Benenson Rehabilitation Pavilion. SO ORDERED . Ordered by Judge Roanne L. Mann on 01/06/06. (Maynard, Pat) Modified on 1/10/2006 (Guzzi, Roseann). (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
14

ORDER REFERRING CASE to Mediation.Selection of Mediator due by 1/20/2006. Ordered by Judge Roanne L. Mann on 12/20/05. (Maynard, Pat) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
15

ANSWER to Complaint of Simms, Hylton, Cilus and Weir by all defendants.(Wenger, Marc) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
16

ANSWER to Complaint of Yanick Jean-Louis by all defendants.(Wenger, Marc) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
17

RESPONSE to Discovery Request from WILLIAM O BENENSON REHABILITATION PAVILION ET AL by YANIC JEAN-LOUIS.(Van-Lare, Albert) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

PACER
18

MEDIATION INSTRUCTIONS sent to Counsel. Attached are Letters of Instruction. By 1/27/2006, Counsel are to select a Mediator, schedule the first mediation session, and electronically file and confirm in writing to the ADR Adminstrator, Gerald P Lepp, by email(gerald_p_lepp@nyed.uscourts.gov) or by first class mail to 225 Cadman Plaza East, Brooklyn NY 11201; 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 courts website at www.nyed.uscourts.gov/adr. In accordance with Adminstrative 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).(Suarez, Jennica) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
19

SELECTION OF MEDIATOR Paul McDonough selected(Watanabe, Laura) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
20

TRANSCRIPT of Civil Cause for Telephone Conference held on 12/20/05 before Judge Roanne L. Mann. Court Reporter: Rosalie Lombardi. (Black, Amanda) (Entered: 02/13/2006)

Feb. 10, 2006

Feb. 10, 2006

PACER
21

Letter Re Mediation Status by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
22

Letter Plaintiff and Plaintiff-Intervenors' Requests for Conference Regarding Discovery Disputes by Petrona Simms. (Watanabe, Laura) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER

SCHEDULING ORDER: Status Conference set for 6/7/06 at 10:00 AM in Courtroom A North before Magistrate Judge Ramon E. Reyes Jr. Defendants are to respond to plaintiffs' letter regarding discovery disputes no later than 6/2/06. Ordered by Judge Ramon E. Reyes Jr. on 5/25/06. (Corchado, Lara)

May 25, 2006

May 25, 2006

PACER
23

Letter to Magistrate Reyes by Flushing Manor Geriatric Center, Inc.. (Attachments: # 1 Letter to opposing counsel# 2 HIPAA protective order)(Wenger, Marc) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

PACER

SCHEDULING ORDER: Status Conference set for 6/12/2006 10:00 AM in Courtroom A, North Building, before Magistrate Judge Ramon E. Reyes Jr. Parties must be prepared to discuss and resolve outstanding discovery disputes as referenced in their letters of 5/24 and 6/2/06. Ordered by Judge Ramon E. Reyes Jr. on 6/3/06. (Reyes, Ramon)

June 3, 2006

June 3, 2006

PACER
24

Letter requesting adjournment of 6/12/06 status conference by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

PACER

ORDER granting 24 Letter filed by United States Equal Employment Opportunity Commission (US EEOC) requesting adjournment of Status Conference from 6/12/06 to June 19, 2006 at 10:30am before Magistrate Judge Ramon E. Reyes, Jr. SO Ordered by Judge Ramon E. Reyes Jr. on 6/8/06. (Vertus, Miriam)(entered:6/8/06)

June 8, 2006

June 8, 2006

PACER

Email Notification Test - DO NOT REPLY (Vertus, Miriam)

June 8, 2006

June 8, 2006

PACER

Minute Entry for proceedings held before Ramon E. Reyes Jr.: Status Conference held on 6/19/2006. Sunu Chandy, Laura Watanabe and Albert Van-Lare for plaintiffs; Marc Wenger and Chris Valentino for defendants. Discussions held. Parties to meet and confer over next two weeks to discuss discovery issues. Parties must submit to chambers no later than July 10, 2006: 1) a proposed HIPPA protective order (to reflect the understandings of counsel and the Court as discussed at length at the conference); and 2) a proposed consent scheduling order. The consent scheduling order must take into account: 1) a presumption that each witness will be deposed for 2 days, unless good cause is shown for decreasing or extending that time limit, and 2) all fact discovery must be concluded by February 2, 2007. A further conference will be held on September 19, 2006 at 10:00 a.m. Parties to submit a status report on January 12, 2007. (Court Reporter none.) (Reyes, Ramon)

June 19, 2006

June 19, 2006

PACER
25

Proposed Scheduling Order and Proposed HIPAA Order and Correspondence by Petrona Simms. (Watanabe, Laura) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
26

Letter Regarding Scheduling Order and HIPAA Order by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
27

Letter to Mag Reys encl HIPPA and Scheduling Orders by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Attachments: # 1 # 2 # 3)(Wenger, Marc) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
28

Scheduling Order and HIPAA Protective Order For Release Of Protected Information. So Ordered by Judge Ramon E. Reyes Jr. on 7/11/06.(Vertus, Miriam)(entered:7/11/06). Modified on 7/11/2006 (Vertus, Miriam). (Entered: 07/11/2006)

July 11, 2006

July 11, 2006

PACER
29

Joint MOTION for Discovery Compel Compliance with Prior Court Orders Regarding Defendants' Production of Documents to Discovery Requests by Petrona Simms. (Watanabe, Laura) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

PACER
30

Letter to Mag. Reyes by Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

PACER

ORDER denying 29 Motion for Discovery. Neither the Federal Rules of Civil Procedure nor the Scheduling Order in this case require defendants to produce multiple sets of documents. Ordered by Judge Ramon E. Reyes Jr. on 7/21/06.(Reyes, Ramon)

July 21, 2006

July 21, 2006

PACER
31

NOTICE of Appearance by Stella Natsue Yamada on behalf of United States Equal Employment Opportunity Commission (US EEOC) (Yamada, Stella) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

PACER

REPORT of Mediation: CONTINUED. The parties have met and the mediator, Paul McDonough, has recommended holding another session after depositions are taken. Currently these depositions are scheduled to take place in September. Report of Mediation due by 10/23/2006. (Warren, Edward)

July 24, 2006

July 24, 2006

PACER
32

Proposed Pretrial Order PROPOSED DISCOVERY STIPULATION AND ORDER by YANIC JEAN-LOUIS. (Van-Lare, Albert) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER

ORDER to Stipulation and Order re 32 Proposed Pretrial Order PROPOSED DISCOVERY STIPULATION AND ORDER file by YANIC JEAN-LOUIS. (Van-Lare, Albert).So Ordered by Judge Ramon E. Reyes Jr. on 8/9/06.(Vertus, Miriam)

Aug. 9, 2006

Aug. 9, 2006

PACER
33

MOTION to Adjourn Conference of Sept. 19th by all defendants. (Wenger, Marc) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER

ORDER granting 33 MOTION to adjourn Status Conference from September 19,2006 to September 22,2006 at 11:00a.m.. Ordered by Judge Ramon E. Reyes Jr. on 9/15/06.(Vertus, Miriam)

Sept. 15, 2006

Sept. 15, 2006

PACER

Minute Entry for proceedings held before Ramon E. Reyes Jr.: Status Conference held on 9/22/2006. Sunu Chandy, Stella Yamada, Laura Watanabe and Ojediji Olughodi for plaintiffs, Marc Wenger for defendants. Various discovery disputes discussed; several rulings made. Parties to submit revised scheduling order within two weeks. Parties to submit letters regarding remaining discovery disputes within two weeks. Parties to consider whether a settlement conference should be held, and report to the Court on 9/25. (Court Reporter none.) (Reyes, Ramon)

Sept. 22, 2006

Sept. 22, 2006

PACER
34

SCHEDULING ORDER: Settlement Conference set for 11/7/2006 @10:30 AM in Courtroom A before Magistrate-Judge Ramon E. Reyes Jr.. Ordered by Judge Ramon E. Reyes Jr. on 9/25/06. (Vertus, Miriam) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
35

Letter agreeing to November 7 settlement conference by Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

PACER
36

Letter to Mag Reyes regarding deposition scheduling by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

PACER
37

Letter Plaintiff-Intervenors' Response to Defendants' Letter Dated October 2, 2006 by Petrona Simms. (Watanabe, Laura) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

PACER

ORDER re 36 Letter filed by defendants and 37 Letter filed by plaintiffs. The relief requested in the final paragraph in plaintiffs' letter is SO ORDERED. The Court suggests that in the future the parties make more of an effort to resolve their discovery disputes prior to raising them with the Court. This dispute could easily have been resolved without the Court's intervention had all counsel put aside their obvious personal animosity toward each other. Ordered by Judge Ramon E. Reyes Jr. on 10/04/06. (Reyes, Ramon)

Oct. 4, 2006

Oct. 4, 2006

PACER
38

Proposed Scheduling Order by Petrona Simms. (Watanabe, Laura) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
39

Letter Re Outstanding Discovery Disputes by United States Equal Employment Opportunity Commission (US EEOC). (Chandy, Sunu) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
40

Letter Brief by William O. Benenson Rehabilitation Pavilion, Flushing Manor Geriatric Center, Inc.. (Wenger, Marc) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER

ORDER re 38 Proposed Scheduling Order filed by Petrona Simms, . So Ordered by Judge Ramon E. Reyes Jr. on 10/11/06. (Reyes, Ramon)

Oct. 11, 2006

Oct. 11, 2006

PACER
41

ORDER re 40 Letter filed by Flushing Manor Geriatric Center, Inc.,, William O. Benenson Rehabilitation Pavilion,, 39 Letter filed by United States Equal Employment Opportunity Commission (US EEOC), . Ordered by Judge Ramon E. Reyes Jr. on 10/12/06. (Reyes, Ramon) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER

ORDER re 40 Letter filed by Flushing Manor Geriatric Center, Inc.,, William O. Benenson Rehabilitation Pavilion,, 39 Letter filed by United States Equal Employment Opportunity Commission (US EEOC), . Ordered by Judge Ramon E. Reyes Jr. on 10/12/06. (Reyes, Ramon)

Oct. 12, 2006

Oct. 12, 2006

PACER
42

NOTICE of Appearance by William Keith Watanabe on behalf of Petrona Simms (Watanabe, William) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

PACER
43

NOTICE of Change of Address and Telephone Number by William Keith Watanabe (Watanabe, William) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

PACER

Settlement conference scheduled with Judge in lieu of further mediation.(Hawa, Nancy)

Oct. 31, 2006

Oct. 31, 2006

PACER
44

Minute Entry: Settlement Conference held before Magistrate Ramon E. Reyes Jr. on 11/7/2006. Settlement discussion held, parties too far apart. (Tape #06/58 (0-2128).) (Black, Amanda) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
45

MOTION to Adjourn Conference on December 1, 2006 by all defendants. (Wenger, Marc) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER

ORDER granting 45 MOTION to Adjourn Status Conference on December 1, 2006 by all defendants filed (Wenger, Marc).The next scheduled status conference will be held on January 17, 2007 at 11:00a.m.. Ordered by Judge Ramon E. Reyes Jr. on 11/30/06.(Vertus, Miriam)

Nov. 30, 2006

Nov. 30, 2006

PACER
46

MOTION for Extension of Time to Complete Discovery and Proposed Deposition Schedule by all defendants. (Wenger, Marc) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
47

First MOTION to Compel Discovery by all plaintiffs. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion to Compel Discovery# 2 Affidavit Declaration of Sunu P. Chandy in Support of Plaintiffs' Motion to Compel Discovery# 3 Exhibit A-2002 Petition# 4 Exhibit B-2003 Petition# 5 Exhibit C-2004 Petition# 6 Exhibit D-1-EB Deposition# 7 Exhibit D-2-EB Deposition# 8 Exhibit D-3-EB Deposition# 9 Exhibit E-GB Deposition# 10 Exhibit F-1-RS Deposition# 11 Exhibit F-2-RS Deposition# 12 Exhibit F-3-RS Deposition# 13 Exhibit F-4-RS Deposition# 14 Exhibit G-MB Documents# 15 Exhibit H-Kulynch Case# 16 Exhibit I-Patsy's Italian Rest. Case# 17 Exhibit J-Smith Case# 18 Exhibit K-McLendon Case# 19 Exhibit L-Stoner Case# 20 Exhibit M-Pray Case# 21 Exhibit N-Rekrem Case# 22 Exhibit O-Cioffi Case# 23 Exhibit P-Allstate Case) (Chandy, Sunu) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
48

Proposed Scheduling Order by Petrona Simms (Attachments: # 1 Text of Proposed Order # 2 Exhibit # 3 # 4 Exhibit) (Watanabe, Laura) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
49

Proposed Scheduling Order Correspondence and Exhibits by Petrona Simms (Watanabe, Laura) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
50

ORDER granting in part and denying in part 46 Motion for Extension of Time to Complete Discovery. Ordered by Judge Ramon E. Reyes Jr. on 2/1/07. (Reyes, Ramon) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

PACER
51

First MOTION for Extension of Time to File Response/Reply as to 47 First MOTION to Compel Discovery and for a Stay of Discovery Proceedings by all defendants. (Ehrlich, David) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER
52

Letter Opposition to Defendants' Application to Further Stay Discovery by Petrona Simms (Watanabe, Laura) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER

ORDER granting 51 Motion for Extension of Time to File Response/Reply re 47 First MOTION to Compel Discovery. Response due by 3/2/2007, reply due by 3/9/2007. Further, discovery is stayed until 3/2/07 to facilitate the preparation of the Consent Decree. Parties directed to file the Consent Decree by 3/2/07. Ordered by Judge Ramon E. Reyes Jr. on 2/15/07. (Reyes, Ramon)

Feb. 15, 2007

Feb. 15, 2007

PACER
53

Letter MOTION to Adjourn Conference, extend defendant's time to respond to plaintiffs' motion to compel and to extend the time for the parties to file the consent decree by all defendants. (Wenger, Marc) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

PACER

Minute Entry for proceedings held before Ramon E. Reyes Jr.: Telephone Conference held on 3/2/2007.Sunu P.Chandy, Esq.,Laura A. Watanabe,Esq. and Albert Van Lare,Esq. for plaintiff and david R. Ehrlic,Esq. Marc Steven Wenger,Esq. for defendant.Parties to submit consent decree by 3/16/07.Defendant's time to respond to motion to compel extended to 3/16/07. (Vertus, Miriam)

March 2, 2007

March 2, 2007

PACER
54

TRANSCRIPT of Civil Cause for Status Conference before Hon. Ramon E. Reyes, Jr., for the date of January 17, 2007. (Abdallah, Fida) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
55

Letter MOTION for Extension of Time to File Consent Decree, and for an extension of time to file opposition papers to Plaintiffs' motion to compel by all defendants. (Wenger, Marc) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

PACER

ORDER granting 55 Motion for Extension of Time to File. Ordered by JudgeRamon E. Reyes Jr. on 3/16/06. (Reyes, Ramon)

March 16, 2007

March 16, 2007

PACER
56

Letter MOTION for Extension of Time to File The Consent Decree and To Extend The Time For Defendant To Respond To Plaintiff's Motion To Compel by all defendants. (Ehrlich, David) (Entered: 03/23/2007)

March 23, 2007

March 23, 2007

PACER

ORDER granting 56 Letter MOTION for Extension of Time to File The Consent Decree and To Extend The Time For Defendant To Respond To Plaintiff's Motion To Compel by all defendants. (Ehrlich, David). Ordered by JudgeRamon E. Reyes Jr. on 3-23-07. (Vertus, Miriam)

March 23, 2007

March 23, 2007

PACER
58

Letter dated April 2, 2007, from David Ehrlich, Esq., to Clerk of the Court informing the Court of his new email address. (Abdallah, Fida) (Entered: 04/13/2007)

April 5, 2007

April 5, 2007

PACER
57

Letter MOTION for Extension of Time to File Consent Decree from all parties & Defendants' Unopposed Request for Extension of time to file Response to Plaintiffs' Motion to Compel Discovery by all parties. (Chandy, Sunu) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER

ORDER granting 57 Letter MOTION for Extension of Time to File Consent Decree from all parties by 4/13/07 and Defendants' Unopposed Request for Extension of time to file Response to Plaintiffs' Motion to Compel Discovery by 4/13/07 filed by (USEEOC)(Chandy, Sunu). Ordered by JudgeRamon E. Reyes Jr. on 4/9/07. (Vertus, Miriam)

April 9, 2007

April 9, 2007

PACER
59

Letter confirming that Consent Decree signed by all parties will be hand delivered to the Clerk's Office today and that all parties respectfully request that Exhibit A to the Decree be filed under seal by United States Equal Employment Opportunity Commission (US EEOC) (Chandy, Sunu) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER

Email Notification Test - DO NOT REPLY (Chee, Alvin)

April 13, 2007

April 13, 2007

PACER
60

CONSENT DECREE; Plaintiffs and Defendants do hereby stipulate and consent to the entry of this Decree as final and binding between the parties signatory hereto and its assigns or successors. (see order for detail). Ordered by Judge Nina Gershon on 4/20/2007. (Clarke, Melonie) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

Clearinghouse
61

SEALED EXHIBIT PLACED IN VAULT (sealed 4/20/07) (Clarke, Melonie) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

PACER

Motions terminated: 53 Letter MOTION to Adjourn Conference. (Guzzi, Roseann)

April 20, 2007

April 20, 2007

PACER

Motions terminated: 47 First MOTION to Compel Discovery filed by United States Equal Employment Opportunity Commission (US EEOC). (Guzzi, Roseann)

April 20, 2007

April 20, 2007

PACER
62

SCHEDULING ORDER:Pre motion conference scheduled for 5/9/2007 at 11:00 a.m. in courtroom 6D South before Judge Nina Gershon. All parties involved in the action are directed to appear at this conference, whether or not they are involved in the proposed motion(s). The parties are reminded to adhere to the Individual Motion Practices of Judge Nina Gershon which are attached. So Ordered by Judge Nina Gershon on 4/24/2007. (Joe,Victor) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER

SCHEDULING ORDER: Please disregard the pre motion conference scheduled for 5/9/2007. The wrong case number was selected. (Joe, Victor)

April 24, 2007

April 24, 2007

PACER
63

Letter MOTION for Extension of Time to File Stipulation by Flushing Manor Geriatric Center, Inc., William O. Benenson Rehabilitation Pavilion. (Wenger, Marc) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
64

Letter MOTION for Extension of Time to File Stipulation by Flushing Manor Geriatric Center, Inc., William O. Benenson Rehabilitation Pavilion. (Wenger, Marc) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER

ORDER granting 64 Motion for Extension of Time to File. Ordered by Senior Judge Nina Gershon on 6/5/2012. (Joe, Victor)

June 5, 2012

June 5, 2012

PACER

NOTICE re 64 Letter MOTION for Extension of Time to File Stipulation, 63 Letter MOTION for Extension of Time to File Stipulation. Counsel are advised that these motions should be addressed to Judge Gershon, as the parties seek an extension of a deadline established in the Consent Decree 60 . (Yasunaga, Adrienne)

June 5, 2012

June 5, 2012

PACER
65

STIPULATION of Dismissal by Flushing Manor Geriatric Center, Inc. (Wenger, Marc) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
66

STIPULATION AND ORDER re 65 ; The parties entered into a Consent Decree entered April 20, 2007 to settle and resolve this action in full. The Consent Decree expired on April 20, 2012 and Defendants have fulfilled all obligations contained in the Decree. Based on the foregoing, it is hereby stipulated and agreed by and between the undersigned attorneys for the parties to this action that the complaint and all claims alleged therein by the EEOC are dismissed, without costs or attorneys' fees to any party as against the other. Ordered by Judge Nina Gershon on 7/3/2012. (Fernandez, Erica) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER

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. 29, 2005

Closing Date: July 9, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

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

Flushing Manor Geriatric Center, Inc. (Flushing, NY), Private Entity/Person

William O. Benenson Rehabilitation Pavilion (Flushing, NY), Private Entity/Person

Case Details

Causes of Action:

State law

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

State Anti-Discrimination Law

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: $900,000

Order Duration: 2007 - 2012

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit