Case: EEOC v. FIRST WIRELESS GROUP, INC.

2:03-cv-04990 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 30, 2003

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the Eastern District of New York against defendant First Wireless Groups, Inc. The case was assigned to Judge Joanna Seybert. The EEOC alleged discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 and retaliation for participating in protected activities. Specifically, the …

On September 30, 2003, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the Eastern District of New York against defendant First Wireless Groups, Inc. The case was assigned to Judge Joanna Seybert. The EEOC alleged discrimination on the basis of race and national origin in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 and retaliation for participating in protected activities. Specifically, the complaint alleged the defendants paid Hispanic employees less than Asian employees even though the Asian employees were less productive. In addition, the complaint alleged that Asian employees retaliated against Hispanic employees and management following their opposition of the discrimination via intimidation, removal of privileges, banning the speaking of Spanish and terminating or constructively discharging a number of employees who signed a petition.

On October 23, 2003, thirteen plaintiffs filed a motion to intervene on the lawsuit; all were represented by the same (private) attorney. Judge Seybert granted the motion in August 2004. The intervenors filed their own complaint in November 2003 where they made nearly identical allegations to those of the EEOC. Again in 2005, another plaintiff moved to intervene with very similar allegations. Her motion was granted, too bringing the total number of claimants (whose claims underlay the EEOC lawsuit) and intervenors to several dozen.

After several years of discovery, the defendant filed a motion for summary judgment in March 2007. The defendant argued that evidence from discovery showed that, even assuming all of plaintiffs’ evidence was true, no discrimination took place. In February 2008, Judge Seybert granted in part and denied in part the defendant’s motion; she found that the disparate pay claim turned on contested factual issues, and therefore should proceed to trial. The Court found, also, that there were disputed facts relating to whether two particular individuals faced retaliation. Accordingly, the court denied defendant’s motion for summary judgment on the retaliation claim for two claimants but granted the motion for everyone else.

On October 30, 2008, the EEOC and plaintiff-intervenors entered into a consent decree with First Wireless. While the defendant did not admit fault, it agreed to pay $435,000 in back pay and compensatory damages, inclusive of attorneys fees. In addition, First Wireless agreed to post a notice of the settlement in a space visible to employees, provide neutral references for aggrieved employees, require all supervisory employees to undergo eight hours of equal employment training, and provide reports to the EEOC every six months for four years, the duration of the consent decree.

No further action is noted on the docket of this case and it is presumably closed.

Summary Authors

Hope Brinn (10/5/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5381904/parties/equal-employment-opportunity-commission-v-first-wireless-group-inc/


Documents in the Clearinghouse

Documents in this case

2:03-cv-04990

Docket (PACER)

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Nov. 3, 2008

Nov. 3, 2008

Docket
1

2:03-cv-04990

Complaint

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Sept. 30, 2003

Sept. 30, 2003

Complaint
71

2:03-cv-04990

Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Nov. 19, 2004

Nov. 19, 2004

Order/Opinion

225 F.R.D. 404

73

2:03-cv-04990

Plaintiff-Intervenors Amended Complaint and Demand for Jury Trial

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Nov. 29, 2004

Nov. 29, 2004

Complaint
82

2:03-cv-04990

Plaintiff-Intervenor's Complaint and Demand for Jury Trial

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

April 11, 2005

April 11, 2005

Complaint
90

2:03-cv-04990

Plaintiff-Intervenor's Second Amended Complaint and Demand for Jury Trial

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

July 13, 2005

July 13, 2005

Complaint
112

2:03-cv-04990

[Order]

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Dec. 23, 2005

Dec. 23, 2005

Order/Opinion
176

2:03-cv-04990

Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Sept. 20, 2006

Sept. 20, 2006

Order/Opinion

2006 WL 2707442

202

2:03-cv-04990

Memorandum & Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Feb. 20, 2007

Feb. 20, 2007

Order/Opinion

2007 WL 586720

226

2:03-cv-04990

Memorandum & Order

Equal Employment Opportunity Commission v. First Wireless Group, Inc.

Feb. 11, 2008

Feb. 11, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5381904/equal-employment-opportunity-commission-v-first-wireless-group-inc/

Last updated Oct. 29, 2026, 4:20 p.m.

Docket for: Equal Employment Opportunity Commission v. First Wireless Group, Inc.
ECF Number Date Description Link
1 Sept. 30, 2003

COMPLAINT against First Wireless Group, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Romano, Daniel) (Entered: 10/02/2003)

RECAP
Sept. 30, 2003

Summons Issued as to First Wireless Group, Inc.. (Romano, Daniel)

2 Oct. 20, 2003

Letter dated 10/15/03 from Delvis Melendez to Judge Seybert RE: Pursuant to Local Rules of Civil Procedure, let this letter serve as notice that the undersigned will move pursuant to FRCP 24(a)(1) on 10/31/03. (Valle, Christine) (Entered: 10/22/2003)

RECAP
Oct. 20, 2003

ENDORSED ORDER on 2 Letter. The parties are advised that they are not in compliance with this Court's rules. All papers should be filed contemporarily with service. All papers filed before today's date should be filed immediately with the Court. Signed by Judge Joanna Seybert on 10/20/03. EOD #2 C/M (Valle, Christine)

3 Oct. 23, 2003

MOTION to Intervene in this action, filed by Diber Jimenez, Jhon Sanchez, Natalia Naranjo, Sonia Uribe, Ruth Vidal, Maria Zamora, Milton Miznaza, Rocio Rodriguez, Sonia Borrero, Eric Romero, Oscar Morales, Olga Morales. (Fagan, Linda) (Entered: 10/27/2003)

RECAP
4 Oct. 23, 2003

MEMORANDUM in Support re 3 MOTION to Intervene in this action, filed by Sonia Borrero, Diber Jimenez, Milton Miznaza, Olga Morales, Oscar Morales, Natalia Naranjo, Rocio Rodriguez, Eric Romero, Jhon Sanchez, Sonia Uribe, Ruth Vidal, Maria Zamora. (Fagan, Linda) (Entered: 10/27/2003)

RECAP
5 Oct. 23, 2003

AFFIRMATION of Delvis Melendez in Support re 3 MOTION to Intervene in this action, filed filed by Sonia Borrero, Diber Jimenez, Milton Miznaza, Olga Morales, Oscar Morales, Natalia Naranjo, Rocio Rodriguez, Eric Romero, Jhon Sanchez, Sonia Uribe, Ruth Vidal, Maria Zamora. (Fagan, Linda) (Entered: 10/27/2003)

RECAP
6 Nov. 3, 2003

MEMORANDUM in Opposition Re: Pltff's 3 MOTION to Intervene in this action, filed by First Wireless Group, Inc. (Valle, Christine) Modified on 11/21/2003 (Valle, Christine). (Entered: 11/21/2003)

RECAP
7 Nov. 10, 2003

REPLY to Response to Motion Re: Pltff's 3 MOTION to Intervene in this action, filed filed by Sonia Borrero, Equal Employment Opportunity Commission, Diber Jimenez, Milton Miznaza, Olga Morales, Oscar Morales, Natalia Naranjo, Rocio Rodriguez, Eric Romero, Jhon Sanchez, Sonia Uribe, Ruth Vidal, Maria Zamora. (Valle, Christine) (Entered: 11/21/2003)

RECAP
8 Dec. 1, 2003

ANSWER to Complaint by First Wireless Group, Inc..(Barhome, Sydelle) (Entered: 12/09/2003)

RECAP
9 Dec. 1, 2003

CERTIFICATE OF SERVICE by First Wireless Group, Inc. of Answer to Plf's Complaint 11/26/093 (Barhome, Sydelle) (Entered: 12/09/2003)

RECAP
10 Dec. 1, 2003

DISCLOSURE of Interested Parties by First Wireless Group, Inc. :No parent company.(Barhome, Sydelle) (Entered: 12/09/2003)

RECAP
11 Dec. 1, 2003

AFFIDAVIT of Service for Answer served on E. Grossman, Esq. EEOC & Delvis Melendez, Esq. on 11/26/03, filed by First Wireless Group, Inc.. (Barhome, Sydelle) (Entered: 12/09/2003)

RECAP
12 Jan. 16, 2004

Notice of MOTION to Intervene pursuant to Rule 24(a)(1) of the FRCP and 42:2000e-5(f)(1) by Adriana Torres. (Valle, Christine) (Entered: 02/03/2004)

RECAP
13 Jan. 16, 2004

AFFIRMATION of David S. Feather in Support Re: 12 Notice of MOTION to Intervene pursuant to Rule 24(a)(1) of the FRCP and 42:2000e-5(f)(1) filed by Adriana Torres. (Valle, Christine) (Entered: 02/03/2004)

RECAP
14 Jan. 16, 2004

MEMORANDUM in Support Re: 12 Notice of MOTION to Intervene pursuant to Rule 24(a)(1) of the FRCP and 42:2000e-5(f)(1) by Adriana Torres. (Valle, Christine) (Entered: 02/03/2004)

RECAP
16 Jan. 26, 2004

Letter dated 1/26/04 from John J. Juliano to Clerk of Court Re: Dft requests that the Court schedule oral argument on the Motion to Intervene. (Valle, Christine) (Entered: 02/20/2004)

RECAP
17 Jan. 26, 2004

MEMORANDUM in Opposition Re: 12 Notice of MOTION to Intervene pursuant to Rule 24(a)(1) of the FRCP and 42:2000e-5(f)(1) by First Wireless Group, Inc. (Valle, Christine) (Entered: 02/20/2004)

RECAP
15 Jan. 29, 2004

ORDER - Initial Conference set for 2/25/2004 at 02:00PM before Magistrate-Judge Arlene R. Lindsay. Signed by Judge Arlene R. Lindsay on 1/29/04. C/M(Valle, Christine) (Entered: 02/18/2004)

RECAP
18 Feb. 9, 2004

REPLY MEMORANDUM in Support Re: 12 Notice of MOTION to Intervene pursuant to Rule 24(a)(1) of the FRCP and 42:2000e-5(f)(1) filed by Adriana Torres. (Valle, Christine) (Entered: 03/01/2004)

RECAP
19 Feb. 23, 2004

Letter APPLICATION dtd. 2/20/04 from John L. Juliano to Mag. J. Lindsay requesting adjournment of conference scheduled for 2/25/04 to 3/25/04. (Barhome, Sydelle) (Entered: 03/15/2004)

RECAP
Feb. 23, 2004

ENDORSED ORDER re 19 Letter: The conference is adjourned to 3/17/04 AT 2:00 PM. So Ordered. Signed by Judge Arlene R. Lindsay on 2/23/04. (Barhome, Sydelle)

20 Feb. 25, 2004

NOTICE OF FILING - Please take notice that on 2/23/04 pltff Equal Employment Opportunity Commission mailed the attached Notice of Appearance to be filed with the USDC, EDNY. (Valle, Christine) (Entered: 03/31/2004)

RECAP
21 Feb. 25, 2004

NOTICE of Appearance by Lauren G. Dreilinger on behalf of Equal Employment Opportunity Commission (Valle, Christine) (Entered: 03/31/2004)

RECAP
22 March 17, 2004

Minute Entry for proceedings held before Arlene R. Lindsay : Initial Conference Hearing held on 3/17/2004 @2:00. (Conference notes attached)Pretrial Scheduling Order adopted. (Barhome, Sydelle) (Entered: 04/15/2004)

RECAP
23 March 17, 2004

SCHEDULING ORDER: Amended Pleadings due by 6/30/2004. Joinder of additional claimants to be completed by 6/30/04. Amendment of pleadings completed by 6/30/04. Phase 1 Discovery after which remaining schedule will be set by 11/12/04. Status Conference on 11/17/04 @11:00am. Signed by Judge Arlene R. Lindsay on 3/17/04. (Barhome, Sydelle) (Entered: 04/15/2004)

RECAP
27 May 4, 2004

Letter dtd. 4/29/04 from Lauren G. Dreilinger, Trial Attorney to Douglas H. Wigdor, Esq. noting enclosure of a Stipulated Order Governing Discovery and Use of Claimants' Confidential Material (protective order). (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
28 May 5, 2004

Fax Letter dtd. 5/25/04 from Adela P. Santos,(EEOC) in Spanish, to Rubiele Orozeo, with English questionnaire, on behalf of plf indicating Hispanic employees were discriminated against in the conditions and the privileges of their employment at First Wireless. (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
32 May 11, 2004

Letter dtd. 5/11/04 from Douglas H. Wigdor to Mag. J. Lindsay requesting an informal conference with the Court prior to filing a motion for injunctive and other relief preventing the Plf, EEOC from continuing to engage in their fishing expedition by distributing letters and other materials to Dft's current and former employees in an attempt to recruit them as additional plfs in this lawsuit. (Resolved by 5/27/04 order). (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
29 May 13, 2004

Letter dtd. 5/11/04 from Lauren G. Dreilinger, Trial Attorney to Douglas H. Wigdor, Esq. indicating Dft is unwilling to agree to designate any of the information listed as confidential in the proposed Stipulated Protective Order, therefore she will file a motion with the court for a Protective Order. (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
30 May 14, 2004

Letter dtd. 5/13/04 from Adela P. Santos, Trial Attorney to Mag. J. Lindsay responding to dft's letter dtd. 5/10/04 in its request for a pre-motion conference, injunctions, sanctions, and all other relief is wholly unsupported and should be denied. (Resolved by 5/27/04 order)(Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
25 May 21, 2004

ORDER - A telephone status conference has been scheduled for 5/27/04 at 11:00AM. Counsel for dft is directed to initiate the call and have all parties on the line before connecting the Court. All parties must participate. Signed by Judge Arlene R. Lindsay on 5/21/04. C/F(Valle, Christine) (Entered: 06/09/2004)

RECAP
31 May 24, 2004

Letter dtd. 5/20/04 from Adela P. Santos, Trial Attorney to Mag. J. Lindsay noting EEOC respectfully moves the Court, for a Protective Order barring Dft from pursuing discovery from EEOC, the Charging Parties, and any other claimants relating to their immigration status and income tax returns. (reslved by 5/27/04 order) (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
33 May 24, 2004

Letter dtd. 5/21/04 from Adela P. Santos, Trial Attorney noting enclosure of two copies of a letter motion mailed to the Court which were inadvertently omitted from the package with the original. (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
35 May 25, 2004

Letter dtd. 5/25/04 from Douglas H. Wigdor to Mag. J. Lindsay in opposition to EEOC's letter dtd 5/20/04 requesting a protective order barring First Wireless "from pursuing discovery". Request Court deny EEOC's request for a protective order barring discovery of information concerning the Charging Parties' immigration status and/or compliance with US immigrations laws, proof of work authorization, and tax filings or tax returns, which would unfairly prejudice First Wireless' right to defend this matter. (Resolved by 5/27/04 order) (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
34 May 26, 2004

Letter dtd. 5/25/04 from Douglas H. Weigdor to Lauren Drelinger, Esq, EEOC advising the telephone conference re this matter has been rescheduled for 2:00pm on 5/27/04. (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
36 May 27, 2004

Minute Entry for proceedings held before Arlene R. Lindsay : Telephone Conference held on 5/27/2004 @2:00pm. l. Dft to submit proposed order re: mailings consistent with/discussin at today's conference 2. Plf to submit by close of business June lst any authority for protective orders concerning immigration status. Dept may reply by close of business June 2d. So Ordered. (Mag. J. Lindsay) (Barhome, Sydelle) (Entered: 06/25/2004)

RECAP
24 June 1, 2004

Minute Entry: Before Arlene R. Lindsay on 6/1/04 at 3:30 pm, civil cause forStatus Conference. Case called. Counsel for all parties present. Conf held. (Montero, Edher) (Entered: 06/08/2004)

RECAP
38 June 3, 2004

Letter dtd. 6/2/04 from Adela P. Santos to Mag. J Lindsay requesting that the court enter the protective order attached to its May 20th letter motion, based on this and the Court's June 1st ruling that Dft is prohibited from inquiring into the Charging Parties' and other claimants' immigration status due to overriding public policy. (Barhome, Sydelle) (Entered: 07/01/2004)

RECAP
39 June 3, 2004

FAX Letter dtd. 6/3/04 from Douglas H. Wigdor to Mag. J. Lindsay, noting First Wireless requests that the court not enter the protective order proposed by the EEOC because it is overly broad and includes oppressve restrictions that have not been addressed or litigated in this case. (Barhome, Sydelle) (Entered: 07/01/2004)

RECAP
26 June 11, 2004

ORDER - Pursuant to the telephone conference held on 5/27/04, it is hereby ORDERED that: Each party shall provide to the other party and the Court 10 days prior written notice of any future communications to dft's current or former employees relating to this matter, to enable the other party to prepare responsive or similar communications. Signed by Judge Arlene R. Lindsay on 6/11/04. C/F(Valle, Christine) (Entered: 06/21/2004)

RECAP
40 June 15, 2004

ORDER granting plf's application for a protective order. While the Court will permit the dft to seek copies of the tax returns at this time, the court will permit the dfts to inquire at a deposition whether the charging parties filed tax returns and whether false statements were made. So Ordered. Signed by Judge Arlene R. Lindsay on 6/15/04. (Barhome, Sydelle) (Entered: 07/01/2004)

RECAP
52 June 29, 2004

Letter dtd 6/28/04 from Adela P. Santos to Hon. J Lindsay requesting the court compel Dft. to produce the information needed by EEOC to contact potential claimants in this case and to request an exension of the time by which EEOC must identify claimants. (Resolved by 7/22/04 order) (Barhome, Sydelle) (Entered: 08/24/2004)

RECAP
53 June 29, 2004

Letter dtd 6/28/04 from Adela P. Santos to Mag. J. Linday noting enclosure of attachments to the letter which was faxed to you earlier(Barhome, Sydelle) (Entered: 08/24/2004)

RECAP
44 July 2, 2004

Notice of MOTION to Set Aside a Portion of the Order entered by Magistrate Lindsay on 6/15/04, pursuant to Rule 72(a); Oral Argument Requested by First Wireless Group, Inc.. (Valle, Christine) (Entered: 08/02/2004)

RECAP
45 July 2, 2004

AFFIRMATION of Douglas H. Wigdor in Support Re: 44 Notice of MOTION to Set Aside a Portion of the Order entered by Magistrate Lindsay on 6/15/04, pursuant to Rule 72(a); Oral Argument Requested filed by First Wireless Group, Inc. (Valle, Christine) (Entered: 08/02/2004)

RECAP
46 July 2, 2004

MEMORANDUM OF LAW in Support Re: 44 Notice of MOTION to Set Aside a Portion of the Order entered by Magistrate Lindsay on 6/15/04, pursuant to Rule 72(a); Oral Argument Requested by First Wireless Group, Inc. (Valle, Christine) (Entered: 08/02/2004)

RECAP
54 July 2, 2004

Letter dtd 7/1/04 from Douglas H. Wigdor to Mag. J. Lindsay in oppositon to the (6/28/04 ltr) request that the court compel First Wireless to produce expansive documents and information concerning every employee in every department who worked at First Wireless between 2000 and present, AND extend the recently expired Court ordered deadline for the joinder of additional claimants. (Resolved by 7/22/04 order)(Barhome, Sydelle) (Entered: 08/24/2004)

RECAP
41 July 13, 2004

Letter MOTION for Extension of Time to File Response/Reply by Equal Employment Opportunity Commission. (Santos, Adela) (Entered: 07/13/2004)

RECAP
48 July 14, 2004

Letter MOTION for Extension of Time to File opposition to motion to 7/19/04 and dft's reply due 7/29/04 by Equal Employment Opportunity Commission. (Valle, Christine) (Entered: 08/06/2004)

RECAP
July 14, 2004

ENDORSED ORDER - Granting 48 Letter Motion for Extension of Time to File. Signed by JudgeJoanna Seybert on 7/14/04. EOD #48 C/F (Valle, Christine)

42 July 19, 2004

Plaintiff EEOC's Memorandum of Law in Opposition to Defendant's Motion to Set Aside a Portion of Judge Lindsay's Order Dated June 15, 2004 (Santos, Adela) Modified on 8/12/2004 (Mahon, Cinthia). (Entered: 07/19/2004)

RECAP
43 July 19, 2004

Declaration of Adela P. Santos in support of plaintiff EEOC's memorandum of law in opposition to deft's motion to set aside a portion of Judge Lindsay's Order dated 6/15/04 with attached exhibits (Santos, Adela) Modified on 8/12/2004 (Mahon, Cinthia). (Entered: 07/19/2004)

RECAP
56 July 19, 2004

MEMORANDUM OF LAW in Opposition Re: 44 Notice of MOTION to Set Aside a Portion of the Order entered by Magistrate Lindsay on 6/15/04, pursuant to Rule 72(a), filed by Sonia Borrero, Diber Jimenez, Milton Miznaza, Olga Morales, Oscar Morales, Natalia Naranjo, Rocio Rodriguez, Eric Romero, Jhon Sanchez, Sonia Uribe, Ruth Vidal, Maria Zamora. (Valle, Christine) (Entered: 08/25/2004)

RECAP
57 July 19, 2004

AFFIRMATION of Delvis Melendez in Opposition Re: 44 Notice of MOTION to Set Aside a Portion of the Order entered by Magistrate Lindsay on 6/15/04, pursuant to Rule 72(a), filed by Sonia Borrero, Diber Jimenez, Milton Miznaza, Olga Morales, Oscar Morales, Natalia Naranjo, Rocio Rodriguez, Eric Romero, Jhon Sanchez, Sonia Uribe, Ruth Vidal, Maria Zamora. (Valle, Christine) (Entered: 08/25/2004)

RECAP
55 July 22, 2004

ORDER re 54 Letter,, 52 Letter: Court finds that the requests are relevant and directs the dft to produce responsive documents on/before August 20,04. The plf's time to identify additional plfs is extended to 9/24/04. Signed by Judge Arlene R. Lindsay on 7/22/04. (Barhome, Sydelle) (Entered: 08/24/2004)

RECAP
47 July 29, 2004

REPLY MEMORANDUM in Support Re: 44 Notice of MOTION to Set Aside a Portion of the Order entered by Magistrate Lindsay on 6/15/04, pursuant to Rule 72(a); Oral Argument Requested by First Wireless Group, Inc. (Valle, Christine) (Entered: 08/03/2004)

RECAP
49 Aug. 19, 2004

NOTICE of Appearance by Douglas Holden Wigdor on behalf of First Wireless Group, Inc. (Wigdor, Douglas) (Entered: 08/19/2004)

RECAP
50 Aug. 19, 2004

STIPULATION Stipulation and Protective Order of Confidentiality by First Wireless Group, Inc.. (Wigdor, Douglas) (Entered: 08/19/2004)

RECAP
51 Aug. 20, 2004

ORDER granting in part and denying in part 3 Motion to Intervene and granting in part and denying in part 12 Motion to Intervene. Plaintiff-Intervenors' motion to intervene with respect to the Title VII claim is GRANTED, but Plaintiff-Intervenors' Motion to intervene as it relates to the claims brought under the NYHRL and those asserted against McNierney and Corrigan are DENIED. Signed by Judge Joanna Seybert on 08/18/2004. (Plaintiff's counsel is directed to notify all parties of this Order) (copies not mailed)(Nohs, Bonnie) (Entered: 08/20/2004)

RECAP
Aug. 20, 2004

ORDER re 50 : The Stipulation and Protective Order of Confidentiality is approved. So Ordered. Signed by Judge Arlene R. Lindsay on 8/20/04. (c/ecf)(Goodstein, Alyce)

61 Sept. 3, 2004

NOTICE OF INTENT to Communicate with Dft First Wireless Group, Inc's Former and Current Non-Managerial Employees, by Equal Employment Opportunity Commission. (Valle, Christine) (Entered: 09/24/2004)

RECAP
58 Sept. 22, 2004

MOTION for Extension of Time to File Identity of Additional Class Members by Equal Employment Opportunity Commission. (Santos, Adela) (Entered: 09/22/2004)

RECAP
59 Sept. 22, 2004

Letter from Douglas H. Wigdor to Judge Arlene R. Lindsay Regarding Opposition to EEOC's Motion for Extension of Time to Identify Additional Claimants. (Wigdor, Douglas) (Entered: 09/22/2004)

RECAP
60 Sept. 24, 2004

NOTICE by Equal Employment Opportunity Commission of Intent to Communicate with Defendant's Non-Managerial Employees (Santos, Adela) (Entered: 09/24/2004)

RECAP
62 Sept. 29, 2004

See attached order re: 58 Motion for Extension of Time to File. Signed by JudgeArlene R. Lindsay on September 29, 2004. c/ecf(Miller, Dina) (Entered: 09/29/2004)

RECAP
63 Oct. 25, 2004

NOTICE by First Wireless Group, Inc. Intent to Communicate with Employees (Wigdor, Douglas) (Entered: 10/25/2004)

RECAP
64 Oct. 25, 2004

Letter from EEOC to Magistrate Judge Arlene Lindsay Regarding disclosure of additional claimants. (Santos, Adela) (Entered: 10/25/2004)

RECAP
65 Oct. 28, 2004

Letter from Douglas H. Wigdor to Honorable Arlene R. Lindsay Regarding Opposition to EEOC's Request for a Third Extension to Identify Additional Claimants. (Wigdor, Douglas) (Entered: 10/28/2004)

RECAP
66 Oct. 29, 2004

Letter from EEOC to Magistrate Judge Arlene Lindsey Regarding permission to file reply to Defendant's October 28, 2004 letter. (Santos, Adela) (Entered: 10/29/2004)

RECAP
67 Oct. 29, 2004

Letter from Douglas H. Wigdor to Honorable Arlene R. Lindsay Regarding EEOC's Improperly Filed Reply Letter. (Wigdor, Douglas) (Entered: 10/29/2004)

RECAP
68 Nov. 2, 2004

See attached order re 64 . Signed by Judge Arlene R. Lindsay on November 2, 2004. c/ecf(Miller, Dina) (Entered: 11/02/2004)

RECAP
69 Nov. 15, 2004

See attached order adjourning conference to November 23, 2004. Signed by Judge Arlene R. Lindsay on November 15, 2004. c/ecf (Miller, Dina) (Entered: 11/15/2004)

RECAP
70 Nov. 17, 2004

Letter from Douglas H. Wigdor to Honorable Arlene R. Lindsay Regarding Request for Adjournment of Status Conference. (Wigdor, Douglas) (Entered: 11/17/2004)

RECAP
Nov. 18, 2004

ORDER re 70 . Application granted. The conference scheduled for November 23, 2004 is adjourned to November 29, 2004 at 11:00 a.m. Signed by Judge Arlene R. Lindsay on November 18, 2004. c/ecf (Miller, Dina)

71 Nov. 23, 2004

ORDER DENYING 44 Motion to Set Aside a portion of Magistrate Judge Arlene R. Lindsay's June 15, 2004 Order. The Court finds that it was within the Magistrate Judge's discretion to order the Plaintiff's protection order. The Rule 72 application to modify part of the Magistrate Judge's decision is DENIED. Signed by Judge Joanna Seybert on 11/19/2004. (c/ECF) (Plaintiff's counsel to notify all parties of this Order)(Nohs, Bonnie) (Entered: 11/23/2004)

RECAP
72 Nov. 29, 2004

ORDER: See attached pretrial scheduling order. Signed by Judge Arlene R. Lindsay on 11/29/04. (c/ecf)(Goodstein, Alyce) (Entered: 11/29/2004)

RECAP
73 Nov. 29, 2004

Intervenor COMPLAINT, filed by all plaintiffs.(Melendez, Delvis) (Entered: 11/29/2004)

RECAP
74 Nov. 29, 2004

NOTICE of Appearance by Delvis Melendez on behalf of all plaintiffs (Melendez, Delvis) (Entered: 11/29/2004)

RECAP
Nov. 29, 2004

Minute Entry for proceedings held before Arlene R. Lindsay : Interim Pretrial Conference held on 11/29/2004. (c/ecf) (Goodstein, Alyce)

75 Dec. 23, 2004

Defendant FIrst Wireless Group, Inc.'s ANSWER to Complaint Filed by Plaintiff-Intervenors by First Wireless Group, Inc..(Wigdor, Douglas) (Entered: 12/23/2004)

RECAP
76 Jan. 28, 2005

Defendant's ANSWER to Complaint Plaintiff-Intervenor's Complaint and Demand for Jury Trial by First Wireless Group, Inc..(Wigdor, Douglas) (Entered: 01/28/2005)

RECAP
77 March 31, 2005

Letter from Douglas H. Wigdor to Honorable Arlene R. Lindsay Regarding Request for Pre-Motion Conference. (Wigdor, Douglas) (Entered: 03/31/2005)

RECAP
78 April 5, 2005

Letter from Adela Santos to Honorable Arlene R. Lindsay Regarding Response to Defendant's Request for Pre-Motion Conference. (Santos, Adela) (Entered: 04/05/2005)

RECAP
79 April 6, 2005

Letter from Adela Santos to Honorable Arlene R. Lindsay Regarding Follow Up to Letter filed by EEOC on April 5, 2005. (Attachments: # 1)(Santos, Adela) (Entered: 04/06/2005)

RECAP
80 April 8, 2005

See attached order re 78, 79 and 77 . Ordered by Judge Arlene R. Lindsay on April 8, 2005. c/ecf (Miller, Dina) (Entered: 04/08/2005)

RECAP
81 April 11, 2005

NOTICE OF APPEARANCE by David S. Feather on behalf of Adriana Torres, Intervenor-Pltff. ** Attorney previously added to the docket sheet on 1/16/04 by the filing of the 12 Notice of Motion to Intervene. ** (Coleman, Laurie) (Entered: 04/13/2005)

RECAP
82 April 11, 2005

Intervenor COMPLAINT and Demand for Jury Trial, filed by Adriana Torres.(Valle, Christine) (Entered: 04/13/2005)

RECAP
83 May 9, 2005

Letter from Adela Santos to Honrable Arlene Lindsey Regarding request for pre-motion conference or permission to bring motion to compel. (Attachments: # 1)(Santos, Adela) (Entered: 05/09/2005)

RECAP
84 May 12, 2005

Letter from Douglas H. Wigdor to Judge Lindsay Regarding EEOC's May 9, 2005 request for pre-motion conference. (Wigdor, Douglas) (Entered: 05/12/2005)

RECAP
85 May 12, 2005

Letter from Douglas H. Wigdor to Judge Lindsay Regarding Olga Morales' failure to appear at deposition and EEOC's agreement to pay fees and costs needlessly incurred. (Wigdor, Douglas) (Entered: 05/12/2005)

RECAP
86 May 18, 2005

Letter from Adela P. Santos to Honorable Arlene R. Lindsay Regarding Defendant's May 12, 2005 request that EEOC pay their attorneys fees. (Santos, Adela) (Entered: 05/18/2005)

RECAP
87 May 20, 2005

ORDER re 83, 84, 85, 86 . See attached order for details. Ordered by Judge Arlene R. Lindsay on May 19, 2005. c/ecf (Miller, Dina) (Entered: 05/20/2005)

RECAP
88 June 3, 2005

NOTICE by Equal Employment Opportunity Commission of Motion by Michelle A. Caiola for Admission Pro Hac Vice (Attachments: # 1)(Santos, Adela) (Entered: 06/03/2005)

RECAP
June 3, 2005

MOTION for Leave to Appear Pro Hac Vice as to attorney Michelle A. Caiola, (See Doc #88 filed as Notice), by Equal Employment Opportunity Commission. (Valle, Christine)

June 6, 2005

ORDER granting motion for leave to appear pro hac vice as attorney (Michelle Caiola) in this action. Ordered by Judge Arlene R. Lindsay on June 6, 2005. c/ecf (Miller, Dina)

89 July 13, 2005

Letter from Douglas H. Wigdor to Judge Lindsay Regarding the EEOC's letters regarding non-party subpoenas. (Attachments: # 1 # 2)(Wigdor, Douglas) (Entered: 07/13/2005)

RECAP
90 July 13, 2005

AMENDED COMPLAINT against all defendants, filed by Diber Jimenez, Jhon Sanchez, Natalia Naranjo, Milton Miznaza, Rocio Rodriguez, Eric Romero, Oscar Morales, Olga Morales.(Melendez, Delvis) (Entered: 07/13/2005)

RECAP
91 July 13, 2005

STIPULATION to Amend Plaintiff Intervenors complaint by Diber Jimenez, Jhon Sanchez, Natalia Naranjo, Milton Miznaza, Rocio Rodriguez, Eric Romero, Oscar Morales, Olga Morales. (Melendez, Delvis) (Entered: 07/13/2005)

RECAP
July 13, 2005

Incorrect Document Information - Document #89 (Amended Complaint) and Document #90 (Stipulation) filed on 7/12/05 by Delvis Melendez have been deleted. PDF documents attached are incomplete. Attorney advised to refile Stipulation with Proposed Amended Complaint as an attachment. (Valle, Christine)

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, 2003

Closing Date: 2012

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

Private Entity/Person

First Wireless Group, Inc.

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of New York 2:03-cv-04990

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Neutral/Positive Reference

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 435,000

Order Duration: 2008 - 2012

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

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

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Pay / Benefits

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation