Case: EEOC v. LEW LIEBERBAUM & CO., INC.

1:97-cv-05166 | U.S. District Court for the Southern District of New York

Filed Date: July 16, 1997

Closed Date: April 13, 1998

Clearinghouse coding complete

Case Summary

In July 1997, the New York District Office of the EEOC brought suit in U.S. District Court for the Southern District of New York against Lew Lieberbaum & Co., a Manhattan securities brokerage. The suit alleged that the Lew Lieberbaum violated Title VII of the Civil Rights Act by subjecting African-American and female employees to racial and sexual harassment, failing to promote African-American and female employees, and retaliating against those who complained.

The case was resolved in April of 1998 with a consent decree that awarded a total of $1.75 million to the alleged victims. This decree additionally required the Defendant to post notice of the consent decree, to require additional sexual harassment training for its employees, and to refrain from future discrimination or retaliation.

Summary Authors

Keri Livingston (6/3/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10519018/parties/equal-opportunity-v-lew-lieberbaum-co/

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Opportunity v. Lew Lieberbaum & Co.

March 30, 2000 Docket
26

Consent Decree

EEOC v. Lew Lieberbaum & Co.

April 13, 1998 Settlement Agreement

Combined Annual Reports Fiscal Years 1996 - 1998

EEOC v. Lew Lieberbaum & Co.

No Court

Dec. 12, 2002 Press Release

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms

Carly Knight, Frank Dobbin, Alexandra Kalev

Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit… April 1, 2022 https://cris.tau.ac.il/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10519018/equal-opportunity-v-lew-lieberbaum-co/

Last updated May 20, 2022, 12:54 a.m.

ECF Number Description Date Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (No Fees Pd. - U.S.A.). (em) (Entered: 07/18/1997)

July 16, 1997
32

Sealed Document Attorney Notice to Retrieve

Nov. 8, 2019 PACER

CASE REFERRED TO Judge John G. Koeltl. (em) (Entered: 07/18/1997)

July 16, 1997
33

Sealed Document Disposed

Nov. 20, 2019 PACER
3

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Including Initial Case Management Conference ( signed by Judge John G. Koeltl ) Referred to Magistrate Judge Ronald L. Ellis (ae) (Entered: 08/01/1997)

July 24, 1997

Case accepted as related to 97 cv 3016 Notice of assignment to follow. (jp) (Entered: 07/29/1997)

July 25, 1997
2

Notice of assignment to Judge John G. Koeltl Copy of notice and judge's rules mailed to Attorney(s) of record: Elizabeth A. Grossman . (jp) (Entered: 07/29/1997)

July 25, 1997
5

MEMORANDUM by Equal Employment Opportunity Commission in support of [4-1] motion for order to show cause why a subpoena should not be enforced. Appendix of documents in support attached. (pl) Modified on 08/21/1997 (Entered: 08/20/1997)

Aug. 18, 1997
7

AFFIDAVIT of Lizabeth Schalet by Equal Employment Opportunity Commission Re: regarding photographs taken at the offices of Lew Lieberbaum Co., Inc. (ae) (Entered: 08/26/1997)

Aug. 22, 1997
6

ORDER TO SHOW CAUSE by Equal Employment; Show Cause Hearing set for 4:30 p.m. on 9/3/97 for Eileen Gleit Melniker to show cause why she should not be compelled to comply with the subpoena issued to her ( signed by Judge John G. Koeltl ); Copies mailed. (kw) (Entered: 08/26/1997)

Aug. 25, 1997
9

Affidavit of service of EEOC's Application for Order to Show Cause, Memo of Law, etc. upon Eileen Gleit Melniker by via federal express, next day deliver on 8/21/97 (ae) (Entered: 08/27/1997)

Aug. 25, 1997
8

Filed Memo-Endorsement on letter by Elizabeth Grossman dated 8/22/97, I will hear the parties on Monday, August 25, 1997 at 9:30 A.M. re: EEOC's application for Order to Show Cause why Subpoena should not be enforced against Eileen Melniker ( signed by Judge John G. Koeltl ) (pl) (Entered: 08/27/1997)

Aug. 26, 1997
10

ORDER, that EEOC Subpoena No. NY-97-041 be enforced ; that EEOC serve a copy of this Order on Ms. Melniker as soon as possible ; that Ms. Melniker produce to EEOC the documents requested in its subpoena within ten calendar days of the service of this Order (signed by Judge John G. Koeltl) Copies mailed (djc) (Entered: 10/15/1997)

Oct. 14, 1997

Pre-trial conference held before Magistrate Judge Ellis. All discovery to be completed by 5/15/98. (kw) (Entered: 10/27/1997)

Oct. 21, 1997

Pre-trial conference set at 10:30 a.m. on 12/17/97. (kw) (Entered: 10/27/1997)

Oct. 21, 1997
11

ORDER, reset fact discovery due for 5/15/98 ; the parties are to appear for a further conference with the court on 12/17/97 at 10:30 am ( signed by Magistrate Judge Ronald L. Ellis ); Copies mailed (cd) Modified on 10/27/1997 (Entered: 10/24/1997)

Oct. 23, 1997
12

Filed Memo-Endorsement on letter to Judge Koeltl from Robert D. Lipman dated 10/13/97; granting the parties request that the motion to intervene be submitted in seven to ten days ; ( signed by Judge John G. Koeltl ) (ls) (Entered: 11/13/1997)

Nov. 13, 1997
13

Filed Memo-Endorsement on letter to Judge Koeltl from Robert D. Lipman dated 11/14/97; granting the parties joint request for a second extension of time to file the motion to intervene in this matter, giving plaintiff-intervenors discretion when this motion to intervene will be made ; ( signed by Judge John G. Koeltl ) (ls) (Entered: 11/19/1997)

Nov. 18, 1997
15

Filed Memo-Endorsement on letter dated 11/14/97 from Robert D. Lipman, granting plaintiff-intervenors' request for an extension of time on their own discretion of when to file their motion to intervene ( signed by Judge John G. Koeltl ) (kw) (Entered: 11/24/1997)

Nov. 21, 1997
16

ORDER TO SHOW CAUSE by Equal Employment; Show Cause Hearing set for 1/26/98; for a ruling holding Eileen Gleit Melniker in contempt of court ( signed by Judge John G. Koeltl ); Copies mailed. (sac) Modified on 12/18/1997 (Entered: 12/17/1997)

Dec. 12, 1997
17

ORDER; that should Ms. Gleit-Melniker not appear on 1/26/98 at 4:00 p.m. in Courtroom 12B, the Court may issue a warrant for her arrest for contempt of court ; ( signed by Judge John G. Koeltl ); copies mailed (ls) (Entered: 01/28/1998)

Jan. 27, 1998
18

ORDER, Don Buchwald, Esq., the Criminal Justice Act attorney assigned to take cases on 1/27/98, is appointed representation of Ms. Gleit-Melniker for the limited purpose of representation in connection with the contempt proceeding. This order shall be nunc pro tunc as of 1/27/98 ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 01/29/1998)

Jan. 29, 1998
19

FINANCIAL AFFIDAVIT by Lew Lieberbaum & Co. (dkt & file as per chambers request) (sac) (Entered: 02/02/1998)

Jan. 29, 1998
20

Case Mgmt. And Schedule Order; a discovery conference was held before U.S.M.J. Ellis on 1/29/98; next pretrial conference on n4/1/98 at 10:30 control date (ls) (Entered: 02/06/1998)

Feb. 5, 1998
21

ORDER, the parties shall appear for a further conference with the court on 4/1/98, at 10:30 ( signed by Magistrate Judge Ronald L. Ellis ); Copies mailed (kw) (Entered: 02/09/1998)

Feb. 6, 1998
22

Transcript of record of proceedings held before Hon. John G. Koeltl filed for dates of January 26, 1998. (em) Modified on 03/06/1998 (Entered: 03/06/1998)

March 6, 1998
23

NOTICE OF MOTION by Equal Employment for an order finding Eileen Gleit Melniker in contempt of Court for failing to comply with a subpoena issued by EEOC on 7/7/97 and this Court's Orders of 8/25/97 and 10/10/97 ; affidavit in support is attached. (kw) (Entered: 03/30/1998)

March 24, 1998
24

AFFIDAVIT in opposition of Don D. Buchwald Re: [23-1] motion for an order finding Eileen Gleit Melniker in contempt of Court for failing to comply with a subpoena issued by EEOC on 7/7/97 and this Court's Orders of 8/25/97 and 10/10/97 (ls) (Entered: 04/13/1998)

April 8, 1998
25

MEMORANDUM in opposition to [23-1] motion for an order finding Eileen Gleit Melniker in contempt of Court for failing to comply with a subpoena issued by EEOC on 7/7/97 and this Court's Orders of 8/25/97 and 10/10/97 (ls) (Entered: 04/13/1998)

April 8, 1998

Case closed (kg) (Entered: 04/14/1998)

April 13, 1998
27

SEALED DOCUMENT placed in vault (da) (Entered: 04/15/1998)

April 15, 1998
28

Order of dismissal, the action having been resolved ( signed by Judge John G. Koeltl ) (cd) (Entered: 04/16/1998)

April 15, 1998
29

ORDER, the petitioner shall submit its reply, if any, by 5/6/98 ( signed by Judge John G. Koeltl ); Copies mailed (kw) (Entered: 05/01/1998)

April 30, 1998
30

ORDER, the motion by plaintiff for contempt against Eileen Gleit Melniker is marked withdrawn at the request of the plaintiff Equal Employment Opportunity Commission ( signed by Judge John G. Koeltl ); Copies mailed (ae) (Entered: 05/11/1998)

May 8, 1998
31

Status Report by Kirk R. McCormick, attorney for defendant Prio Sartono. (kw) (Entered: 04/04/2000)

March 30, 2000

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 16, 1997

Closing Date: April 13, 1998

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

Lew Lieberbaum & Co., Inc., Private Entity/Person

Lew Lieberbaum & Co., Inc., 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

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: 1750000

Order Duration: 1998 - 2001

Content of Injunction:

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Neutral/Positive Reference

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

Black

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits