Case: Trowbridge v. Institute for Basic Research in Developmental Disabilities

1:98-cv-03529 | U.S. District Court for the Eastern District of New York

Filed Date: May 11, 1998

Closed Date: March 30, 2004

Clearinghouse coding complete

Case Summary

On May 11, 1998, seven people who were formerly employed by the Institute for Basic Research in Developmental Disabilities (IBR), represented by private counsel, filed a putative class action lawsuit in the United States District Court for the Eastern District of New York. The case was initially assigned to Judge Sterling Johnson Jr. and Magistrate Cheryl L. Pollak. The plaintiffs sued IBR, the Office of Mental Retardation and Developmental Disabilities, the New York State Department of Mental …

On May 11, 1998, seven people who were formerly employed by the Institute for Basic Research in Developmental Disabilities (IBR), represented by private counsel, filed a putative class action lawsuit in the United States District Court for the Eastern District of New York. The case was initially assigned to Judge Sterling Johnson Jr. and Magistrate Cheryl L. Pollak. The plaintiffs sued IBR, the Office of Mental Retardation and Developmental Disabilities, the New York State Department of Mental Hygiene, the New York Department of Civil Service, the Public Employees Federation, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), and various individual defendants. Invoking 42 USC § 1983, plaintiffs alleged violations of their property rights as guaranteed by the Equal Protection Clause of the 14th Amendment, as well as violations of the Age Discrimination in Employment Act (ADEA), Labor Management Relation Act (LRMA) § 301, Title VII of the 1964 Civil Rights Act, and state law. Specifically, plaintiffs alleged that they were falsely advised that their positions were being eliminated due to a reduction in force, that defendants eliminated the jobs of more senior personnel to preserve the jobs of friends and family, and that defendants refused to pay grievances despite contractual and civil obligations. Plaintiffs sought declaratory judgment, damages, and injunctive relief to reinstate their seniority positions and right to obtain early retirement benefits.

Plaintiffs amended their complaint on May 27, 1998 against the Office of Mental Retardation and Developmental Disabilities and individual defendants. Defendants moved to dismiss the amended complaint on October 15, 1998. Based upon a stipulation by both parties, on October 20, 1998, the court ordered dismissal without prejudice of the Public Employees Federation, AFL-CIO, and specified individuals. On June 24, 1999, the court dismissed the amended complaint for reasons stated on the record.

The plaintiffs filed a second amended complaint on August 24, 1999, by particularizing the claims and naming all management personnel who were in charge of administering the reduction in force. On February 2, 2000, the defendants moved to dismiss the second amended complaint, which, on October 27, 2000, the court granted for the Public Employees Federation, AFL-CIO, and some individuals. The court dismissed the Institute for Basic Research in Developmental Disabilities, New York State Office of Mental Retardation and Developmental Disabilities, New York State Department of Civil Service, and other individuals on January 25, 2001, followed by the dismissal of the New York State Department of Mental Hygiene and remaining defendants on April 4, 2001. The defendants were dismissed because they were deceased, never served, or could not be subject to suit due to being statutory constructs.

The plaintiffs sought an appeal at the United States Court of Appeals for the Second Circuit on April 9, 2001. On June 12, 2001, the circuit court dismissed the appeal for failing to comply with the court's scheduling order.

On April 11, 2002, the plaintiffs moved to vacate the district court's order granting the motion to dismiss under Rule 60(b). The plaintiffs asserted evidence in the form of an affidavit, and alleged that this constituted material, newly discovered evidence that by due diligence could not have been discovered in time to furnish grounds to change the court's decisions and orders. Plaintiffs also alleged they were prevented from prevailing because the defendants perpetrated fraud on the court, and that the affidavit showed that the defendants lied when they told the EEOC that the plaintiffs were laid off because they were the least senior in the positions where their jobs were eliminated. On March 3, 2003, the court denied the motion to vacate. The court held that the plaintiffs failed to illustrate why they could not have discovered the affidavit through due diligence, and that they made no argument on how the evidence would have probably changed the outcome had it been available. Additionally, the court pointed out that the plaintiffs' fraud allegations were already mentioned in the second amended complaint, and had been acknowledged as irrelevant when the court decided to dismiss the complaint, as it did not meet the threshold of fraud against the court.

On April 1, 2003, the plaintiffs attempted to appeal the decision to the Second Circuit, claiming abuse of the district court's discretion. On March 30, 2004, the appellate court affirmed the district court's decision and found that it had not abused its discretion, because the plaintiffs were merely attempting to relitigate issues that had previously been resolved.

The case is now closed.

Summary Authors

Jerry Lan (12/6/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11141410/parties/trowbridge-v-institute-for-basic/


Judge(s)

Johnson, Sterling Jr. (New York)

Pollak, Cheryl L. (New York)

Attorney for Plaintiff

McKenna, Jeremiah B. (New York)

Attorney for Defendant

Eisenstein, Harold (New York)

Jha, Mona (New York)

Judge(s)

Johnson, Sterling Jr. (New York)

Pollak, Cheryl L. (New York)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Document

1:98-cv-03529

Docket

TROWBRIDGE v. INSTITUTE FOR BASIC

March 30, 2004

March 30, 2004

Docket
70

1:98-cv-03529

Order

April 4, 2001

April 4, 2001

Order/Opinion
89

1:98-cv-03529

Memorandum and Order (District Court)

TROWBRIDGE v. INSTITUTE FOR BASIC RESEARCH IN DEVELOPMENTAL DISABILITIES

March 3, 2003

March 3, 2003

Order/Opinion

2003 WL 2003

03-07339

Summary Judgment

U.S. Court of Appeals for the Second Circuit

Feb. 23, 2004

Feb. 23, 2004

Order/Opinion

88 Fed.Appx. 88

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11141410/trowbridge-v-institute-for-basic/

Last updated March 19, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Institute for Basic, NYS Dept of Mental H, NYS Dept of Civil Se, Henryk M. Wisniewski, Melvin Hicks, Peter Vietze, Public Employees Fed, Michael Fenko FILING FEE $ 150.00 RECEIPT # 206845 (Chow, Alice) (Entered: 05/13/1998)

May 11, 1998

May 11, 1998

PACER
2

AMENDED COMPLAINT CLASS ACTION by plaintiffs, (Answer due 6/6/98 for Michael Fenko, Public Employees Federation, AFL-CIO, Peter Vietze, Melvin Hicks, Henryk M. Wisniewski, NYS Dept of Civil Service, NYS Dept of Mental Health Hygiene and Institute for Basic Research in Developmental Disabilities) amending [1-1] complaint against Thomas A. Maul, Office of Mental Retardation and Developmental Disabilities, Jean S. Miller and George C. Sinnott. Galeano, Sonia (Entered: 05/28/1998)

May 27, 1998

May 27, 1998

PACER
3

RETURN OF SERVICE executed as to Melvin Hicks 6/11/98 Answer due on 7/1/98 for Melvin Hicks (Piper, Francine) (Entered: 07/01/1998)

June 29, 1998

June 29, 1998

PACER
4

RETURN OF SERVICE executed as to Institute for Basic 6/11/98 Answer due on 7/1/98 for Institute for Basic (Piper, Francine) (Entered: 07/01/1998)

June 29, 1998

June 29, 1998

PACER
5

RETURN OF SERVICE executed as to Michael Fenko 6/24/98 Answer due on 7/14/98 for Michael Fenko (Piper, Francine) (Entered: 07/01/1998)

June 29, 1998

June 29, 1998

PACER
6

ANSWER by Institute for Basic, NYS Dept of Civil Se, Henryk M. Wisniewski, Melvin Hicks, Peter Vietze, Thomas A. Maul, Office of Mental Ret, George C. Sinnott to amended complaint (Piper, Francine) (Entered: 07/29/1998)

July 28, 1998

July 28, 1998

PACER
7

LETTER dated 7/28/98 from Judith M. Young to Judge Johnson, Enclosing a courtesy copy of dft's answer to the amended complaint. (Piper, Francine) (Entered: 07/30/1998)

July 30, 1998

July 30, 1998

PACER
8

LETTER dated 7/27/98 from Harold Eisenstein to Jeremiah B. McKenna, Enclosing for service two copies of dfts Public Employees Federation, AFL-CIO and Michael D. Fenko's Motion to Dismiss Pltff's Amended Complaint. (Piper, Francine) (Entered: 08/05/1998)

Aug. 5, 1998

Aug. 5, 1998

PACER
9

RETURN OF SERVICE executed as to Henryk M. Wisniewski 7/22/98. Answer due 8/11/98. (Piper, Francine) (Entered: 08/18/1998)

Aug. 17, 1998

Aug. 17, 1998

PACER
10

LETTER dated 10/2/98 from Harold Eisenstein to Jeremiah B. McKenna, Enclosing a copy of dfts Public Employees Federation, AFL-CIO and Michael D. Fenko's reply memorandum of law in support of motion to dismiss pltff's amended complaint. (Piper, Francine) (Entered: 10/07/1998)

Oct. 7, 1998

Oct. 7, 1998

PACER
11

MOTION by Public Employees Fed, Michael Fenko to dismiss the amended complaint . Motion hearing [11-1] motion . (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
12

MEMORANDUM OF LAW by Public Employees Fed, Michael Fenko in support of [11-1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
13

AFFIDAVIT of Harold Eisenstein Re: In support of [11-1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
14

MEMORANDUM OF LAW by Richard S. Trowbridge, Lucille Donadio, Richard Coriasco, Betty Jo Merritt, Patricia Brophy, Alex Zemcov, Michael Zembrower in answer to [11-1] motion dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
15

REPLY MEMORANDUM OF LAW by Public Employees Fed, Michael Fenko in support of [11-1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
16

CERTIFICATE OF SERVICE by Maria A. Betor on 10/2/98 a copy of an affidavit by Harold Eisenstein, Reply Memorandum of Law in Support upon Mona Jha, Esq by regular mail. (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
17

CERTIFICATE OF SERVICE by Maria A. Betor on 10/2/98 by regular mail of an affidavit by Harold Eisenstein and dft's Reply Memorandum of Law in Support of Motion to Dismiss upon Jeremiah B. McKenna, Esq. (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
18

CERTIFICATE OF SERVICE by Maria A. Betor on 7/27/98 of the Motion to Dismiss pltff's complaint, Supporting Memorandum upon Jeremiah B. McKenna by First Class Mail. (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
19

CERTIFICATE OF SERVICE by Maria A. Betor on 7/27/98 of the Motion to Dismiss plff's amended complaint and supporting memorandum of law upon Mona Jha Esq. by First Class Mail. (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
20

STIPULATION and ORDER, the action is voluntarily dismissed without prejudice, as to the Fifth and Sixth Cause of Action against the dft Public Employees Federation, AFL-CIO and dft Michael Fenko without costs or attorney's fees to any party (signed by Judge Sterling Johnson Jr. 10/15/98) (Piper, Francine) (Entered: 10/20/1998)

Oct. 20, 1998

Oct. 20, 1998

PACER
21

ORDER dated 11/25/98 an initial conference has been scheduled for 12/17/98 at 2:30 p.m. set status conference for 2:30 12/17/98 before Magistrate Cheryl L. Pollak ( signed by Magistrate Cheryl L. Pollak ) (c/m). (Gonzalez, Mary) (Entered: 11/27/1998)

Nov. 27, 1998

Nov. 27, 1998

PACER
22

LETTER dated 12/3/98 from Harold Eisenstein to Mag. Pollak, Requesting that the 12/17/98 conference be postponed pending the outcome of dfts PEF and Fenko's motion to dismiss before Judge Johnson. (Piper, Francine) (Entered: 12/07/1998)

Dec. 7, 1998

Dec. 7, 1998

PACER
23

LETTER dated 12/3/98 from Jeremiah B. McKenna to Mag. Pollak, Requesting an adjournment of the conference set for 12/17/98. (Piper, Francine) (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

PACER

Endorsed order, Conference adjourned pending decision on motion to dismiss. ( Signed by Magistrate Cheryl L. Pollak 12/4/98 ) (endorsed on letter, document #23) (Piper, Francine)

Dec. 8, 1998

Dec. 8, 1998

PACER
24

LETTER dated 4/29/1999 from HAROLD EISENSTEIN to SJ enclosing for Judge Johnson's consideration a recent Second Circuit decision, Vital v. Interfaith Medical Center. (Enclosure is attached to the letter.) [Letter and attachment were forwarded to SJ.] (Mackey, Donna) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

PACER
25

MEMORANDUM and ORDER, the complaint is dismissed but pltffs may file an amended complaint within 60 days with respect to the claims brought pursuant to Title VII and the ADEA against PEF and Fenko . ( signed by Judge Sterling Johnson Jr., on 6/21/99) c/m (Piper, Francine) Modified on 06/24/1999 (Entered: 06/24/1999)

June 24, 1999

June 24, 1999

PACER
26

LETTER dated 7/29/99 from June Steinberg to Mag. Pollak, advising that this case has been reassigned to Steinberg. (Piper, Francine) (Entered: 08/04/1999)

Aug. 4, 1999

Aug. 4, 1999

PACER
27

LETTER dated 7/29/99 from June Steinberg to Judge Johnson, advising that court that this case has been reassigned to June Steinberg. (Piper, Francine) (Entered: 08/06/1999)

Aug. 6, 1999

Aug. 6, 1999

PACER
28

SECOND AMENDED COMPLAINT by Michael Zebrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge, (Answer due 9/3/99 for NYS Dept of Mental H, for NYS Dept of Civil Se, for Henryk M. Wisniewski, for Melvin Hicks, for Peter Vietze, for Public Employees Fed, for Michael Fenko, for Thomas A. Maul, for Office of Mental Ret, for Jean S. Miller, for George C. Sinnott ) amending [2-1] amended complaint against Institute for Basi (Piper, Francine) Modified on 08/25/1999 (Entered: 08/25/1999)

Aug. 24, 1999

Aug. 24, 1999

PACER
29

ANSWER by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Peter Vietze to second amended complaint (Piper, Francine) (Entered: 09/28/1999)

Sept. 23, 1999

Sept. 23, 1999

PACER
30

LETTER dated 10/13/99 from Jeremiah B. McKenna to Jeffrey G. Plant, Esq., confirming that it was agreed to extend the time to answer the motion of dfts, PEF and Fenko to dismiss pltff's second amended complaint up to and including 10/27/99. (Piper, Francine) (Entered: 10/25/1999)

Oct. 25, 1999

Oct. 25, 1999

PACER
31

SCHEDULING ORDER; Setting Pretrial conference for 9:30 2/16/00 ; ( signed by Judge Sterling Johnson Jr., on 11/16/99) (Piper, Francine) (Entered: 11/22/1999)

Nov. 22, 1999

Nov. 22, 1999

PACER
32

MOTION by Michael Fenko, Public Employees Fed to dismiss pltff's second amended complaint, Motion hearing [32-1] motion (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
33

MEMORANDUM OF LAW by Michael Fenko, Public Employees Fed in support of [32-1] motion to dismiss pltff's second amended complaint. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
34

MEMORANDUM OF LAW by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge in answer to [32-1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
35

REPLY MEMORANDUM OF LAW by Michael Fenko, Public Employees Fed in support of [2-1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
36

ANSWERING AFFIDAVIT by Richard S. Trowbridge to [32-1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
37

Exhibit J, Exhibit k, Exhibit L (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
38

CERTIFICATE OF SERVICE by Steven M. Klein, Re: Reply Memorandum of Law in Support of Motion to Dismiss Pltff's Second Amended Complaint upon Arlene R. Smoler, Esq on 1/31/00 by regular mail. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
39

CERTIFICATE OF SERVICE by Steven M. Klein, Re: Reply Memorandum of Law in Support of The motion to dismiss second amended complaint upon Jeremiah B. McKenna by regular mail on 1/31/00. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
40

AFFIDAVIT OF SERVICE BY MAIL by Christine M. Yusko Re: [32-1] motion to dismiss pltff's second amended complaint, [33-1] support memorandum upon Jeremiah B. Mckenna on 9/23/99. (Piper, Francine) Modified on 02/08/2000 (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
41

AFFIDAVIT OF SERVICE by Mail by Christine M. Yusko Re: [32-1] motion to dismiss pltff's second amended complaint, [33-1] support memorandum upon Hon. Eliot Spizer on 9/24/99. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
42

LETTER dated 1/31/00 from Harold Eisenstein to Judge Johnson, requesting that the court waive the rule and allow an additional three pages in dfts Public Employees Federation and Michael Fenko Reply Memorandum of Law. (Piper, Francine) (Entered: 02/23/2000)

Feb. 23, 2000

Feb. 23, 2000

PACER

Endorsed order, Dft's Public Employees Federation and Michael Fenko are granted permission to file an additional three pages in their reply memorandum of law. ( Signed by Judge Sterling Johnson Jr., on 2/3/00) (endorsed on letter, document #42) (Piper, Francine)

Feb. 23, 2000

Feb. 23, 2000

PACER
43

LETTER dated 2/14/00 from Jeremiah B. McKenna to Judge Johnson, advising that the conference set for 2/16/00 has been adjourned to 3/8/00 at 9:30. (Piper, Francine) (Entered: 02/23/2000)

Feb. 23, 2000

Feb. 23, 2000

PACER
44

Calendar entry:, Before Judge Johnson on 3/8/00 for a Pretrial Conference. Dft to file motion to dismiss by 4/14/00. Response 5/15/00. Set Pretrial Conference for 9:30 6/15/00 before Judge Sterling Johnson Jr. . (Piper, Francine) (Entered: 03/10/2000)

March 8, 2000

March 8, 2000

PACER
45

LETTER dated 3/10/00 from Harold Eisenstein to Jeremiah B. McKenna, Esq., confirming that pltffs have withdrawn their discrimination claim under the Age Discrimination and Employment Act of 1967 against all dfts, including dfts Public Employees Federation and Michael Fenko. (Piper, Francine) (Entered: 03/21/2000)

March 21, 2000

March 21, 2000

PACER
49

MOTION by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze to dismiss complaint . Motion hearing [49-1] motion set for 6/15/00 at 9:30 . Motion file stamped: 7/20/00 and mailed/served: 4/14/00 (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000

April 14, 2000

PACER
50

MEMORANDUM OF LAW by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze in support of [49-1] motion to dismiss complaint (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000

April 14, 2000

PACER
51

MEMORANDUM OF LAW by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille C. Donadio, Richard S. Trowbridge in opposition to [49-1] motion to dismiss complaint (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000

April 14, 2000

PACER
52

REPLY MEMORANDUM OF LAW by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze in support [49-1] motion to dismiss complaint. (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000

April 14, 2000

PACER
53

ANSWERING AFFIDAVIT of Jeremiah B. McKenna in support of pltff's answer to the motion to dismiss the second amended complaint (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000

April 14, 2000

PACER
46

ENDORSED ORDER granting an extension of time for plaintiff to answer the public defendant's motion to dismiss. Plaintiff's answer due 5/30/00. Submission of Attorney General's reply due 6/19/00. Motion conference adjourned to 6/29/00 before Judge Sterling Johnson Jr. ; Assistant Attorney General Stern will be engaged 6/15/00 ( signed by Judge Sterling Johnson, on 5/25/00). See letter dated 5/23/00 from Jeremiah McKenna, Esq., to August Marziliano, Law Clerk to Judge Johnson. (Rodriguez,Angela) (Entered: 05/31/2000)

May 31, 2000

May 31, 2000

PACER
47

Calendar entry: Before Judge Johnson on 6/29/00 for a Status Conference. Only counsel for dft appears. Counsel for pltff does not appear. Case to be re-called in the afternoon. Further Status Conference 9/15/00 at 9:30. (Piper, Francine) (Entered: 07/05/2000)

June 29, 2000

June 29, 2000

PACER
48

LETTER dated 7/7/00 from Jermiah B. McKenna to Leonard A. Cohen, confirming that pltffs time to file their answer to dft's motion to dismiss is extended to 7/10/00 and dft's reply is extended to 7/17/00. (Piper, Francine) (Entered: 07/13/2000)

July 13, 2000

July 13, 2000

PACER
54

LETTER dated 5/30/00 from Jeremiah B. McKenna to Judge Johnson, pltff's request that before they are required to submit an answer to the public dfts motion to dismiss their complaint, that the court direct that a conference be held to discuss the attorney general's representation of and reliance on the testimony and statements of Melvin Hicks. (Piper, Francine) (Entered: 07/28/2000)

July 28, 2000

July 28, 2000

PACER
55

LETTER dated 7/12/00 from Leonard Cohen to Judge Johnson, requesting permission to file the state dft's moving papers without any opposition. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000

Aug. 3, 2000

PACER
56

LETTER dated 4/14/00 from Leonard Cohen to Jeremiah Mckenna, enclosing copies of the moving dft's motion to dismiss and memorandum of law in support. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000

Aug. 3, 2000

PACER
57

LETTER dated 6/2/00 from Leonard Cohen to Judge Johnson, state dft's opposition to pltffs request to delay determination of the pending motion to dismiss. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000

Aug. 3, 2000

PACER
58

LETTER dated 7/24/00 from Harold Eisenstein to Judge Johnson, requesting that the court not consider pltff's claims of breach of duty of fair represenation and ADEA violations against dfts PEF and Fenko and requesting that the court grant the motion for an order dismissing pltff's second amended complaint. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000

Aug. 3, 2000

PACER
59

TRANSCRIPT of Proceedings before Judge Johnson filed for dates of 3/8/00. Jeremiah McKenna for Pltff; Lynette Philips for Dft; Court Reporter, Holly Driscoll. (Piper, Francine) (Entered: 08/04/2000)

Aug. 4, 2000

Aug. 4, 2000

PACER
60

Calendar entry: Before Judge Johnson on 9/15/00 or a Pretrial Conference. Motion to be decided by next appearance. Pretrial Conference 10/20/00 at 9:30. (Piper, Francine) (Entered: 09/19/2000)

Sept. 15, 2000

Sept. 15, 2000

PACER

Deadline updated; set pretrial conference for 9:30 10/20/00 before Judge Sterling Johnson Jr. (Piper, Francine)

Sept. 15, 2000

Sept. 15, 2000

PACER
63

Calendar entry: Before Judge Johnson on 10/20/00 for a Telephone Conference. Dft's motion to dismiss (second amended complaint) granted. Dismissed as to union dfts. Pretrial Conference 1/24/01 at 9:30. (Piper, Francine) (Entered: 10/26/2000)

Oct. 20, 2000

Oct. 20, 2000

PACER
61

TRANSCRIPT filed of telephone conference and decision before Judge Johnson for dates of 10/20/00 at 9:30a.m. CR Sheldon Silverman. (Dobkin, David) (Entered: 10/23/2000)

Oct. 23, 2000

Oct. 23, 2000

PACER
62

LETTER dated 10/20/00 from Leonard A. Cohen to Judge Johnson, enclosing additional courtesy copies of all papers relating to the motion of the State Dfts to dismiss the second amended complaint in its entirety. (Piper, Francine) (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

PACER
64

ORDER, granting dft's Public Employees Federation, AFL-CIO, and Michael Fenko's [32-1] motion to dismiss pltff's second amended complaint. ( signed by Judge Sterling Johnson Jr., on 10/24/00) c/m (Piper, Francine) (Entered: 10/27/2000)

Oct. 27, 2000

Oct. 27, 2000

PACER
66

Calendar entry: Before Judge Johnson on 1/24/01 for a Conference. Decision read on the record. Pltff's Title VII claim is dismissed. Dft's motion to dismiss is granted. (Piper, Francine) (Entered: 02/09/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
65

ORDER, granting [49-1] motion to dismiss complaint. ( signed by Judge Sterling Johnson Jr., on 1/25/01) c/m (sent to pro se for judgment) (Piper, Francine) (Entered: 01/31/2001)

Jan. 31, 2001

Jan. 31, 2001

PACER
67

TRANSCRIPT of Status Conference/Decision before Judge Johnson dated 1/24/01. Jeremiah McKenna for the plaintiff; No appearance for dft. Court Reporter, Sheldon Silverman. (Piper, Francine) (Entered: 02/22/2001)

Feb. 22, 2001

Feb. 22, 2001

PACER
68

MAIL RETURNED #65 returned on 2/7/01. Mailed to Leonard Cohen, Envelope Stamped, Return to Sender, Addressee Unknown. (Piper, Francine) (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
69

LETTER dated 2/28/01 from Leonard A. Cohen to Judge Johnson, state dfts request that the dismissal order be amended to include the dismissal of all claims against the NYS Dept of Mental Hygiene, Jean S. Miller and Henry M. Wisniewski. (Piper, Francine) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

PACER
70

ORDER, the Second Amended Complaint is dismissed as to the remaining dfts. ( signed by Judge Sterling Johnson Jr., on 4/4/01) (sent to pro se for judgment) (Piper, Francine) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

Clearinghouse
72

NOTICE OF APPEAL by attorney for Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge Fee Paid $ 105.00 Receipt # 245129 [71-1] judgment order, [70-1] order, [65-1] order. Affidavit of service dtd 4/13/01 attached. (McGee, Maryann) Modified on 04/18/2001 (Entered: 04/13/2001)

April 9, 2001

April 9, 2001

PACER
71

JUDGMENT, that plaintiffs take nothing of the dfts, and the remaining dfts, NYS Dept of Mental Hygiene, Jean S. Miller, and Henry Wisniewski's request to dismiss the second amended complaint is granted. (Signed by Robert C. Heinemann on 4/9/01) c/m (Mag. Pollak Notified), (Piper, Francine) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

PACER

Case closed (Piper, Francine)

April 11, 2001

April 11, 2001

PACER

Certified copy of docket sheet sent to USCA. [72-1] appeal (McGee, Maryann)

April 13, 2001

April 13, 2001

PACER
73

USCA Scheduling Order: [72-1] appeal Appeal record due by 6/28/01 . USCA Number: 01-7429 Appellant's brief due 7/5/01. Appellee's brief due 8/6/01. Argument set for 9/17/01. (Gonzalez, Mary) (Entered: 06/06/2001)

June 6, 2001

June 6, 2001

PACER
74

MANDATE OF USCA (certified copy) Re: [72-1] appeal dismissed. Certified by USCA on 6/6/01. USCA's No. is 01-7449. Copy sent to Judge Johnson & to USCA. (Vaughn, Terry) (Entered: 06/12/2001)

June 12, 2001

June 12, 2001

PACER
75

USCA Scheduling Order:Index to record due 6/28/01 Appellant's brief due 7/5/01. Appellee's brief due 8/6/01. Argument set for 9/17/01. USCA# 01-7429.a (Vasquez, Liz) (Entered: 06/27/2001)

June 21, 2001

June 21, 2001

PACER

Certified and transmitted INDEX on appeal to U.S. Court of Appeals. USCA#01-7429. Acknowledgment requested. (McGee, Maryann)

June 26, 2001

June 26, 2001

PACER
76

Acknowledgment from USCA received. Acknowledgment signed on 7/2/01. USCA# 01-7429. (Vasquez, Liz) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

PACER

Record on Appeal that was prepared and kept in the CV/CR cabinet is being returned to the file section. (Drayton, Lorraine)

July 20, 2001

July 20, 2001

PACER
77

MANDATE OF USCA (certified copy) Re: dismissed, scheduling default. C/A#01-7429. Judge notified. Ackn. mailed. (Glenn, Marilyn) Modified on 08/08/2001 (Entered: 08/08/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
78

LETTER dated 4/11/02 from Jeremiah B. McKenna,Esq. to The Attorney General of the State of New York enclosing copies of Pltf's motion to vacate orders and judgement of 4/11/01 and copies of Pltf's Memorandum oflaw in support of their motion. (enclosures not attached) (Fernandez, Erica) (Entered: 04/17/2002)

April 17, 2002

April 17, 2002

PACER
79

ORDER, granting dfts.' request to extend time to respond to pltf.'s motion from 4/30/02 to 5/14/02 . (Signed by Judge Sterling Johnson Jr. on 4/29/02). Endorsed on letter dated 4/25/02 from Leonard A. Cohen to Judge Johnson. (Reddy, Lisa) (Entered: 05/01/2002)

May 1, 2002

May 1, 2002

PACER
80

LETTER dated 5/14/02 from Leonard A. Cohen, Esq. to Jeremiah B. McKenna, Esq. enclosing deft's memorandum of law in opposition to pltf's motion pursuant to Rule 60(b); and Affidavit of Leonard A. Cohen in opposition to pltf's motion. (enclosures not attached) (Fernandez, Erica) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

PACER
82

MOTION by pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Donadio, S. Trowbridge to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts . (Exhibits A-J attached). Motion file stamped: 5/29/02. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

May 29, 2002

PACER

Text not available.

May 29, 2002

May 29, 2002

PACER
83

MEMORANDUM by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Donadio, Richard S. Trowbridge in support of [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

May 29, 2002

PACER
84

MEMORANDUM by George C. Sinnott, Office of Mental Ret, Thomas A. Maul, Peter Vietze, Melvin Hicks, NYS Dept of Civil Se, Institute for Basi in opposition to [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

May 29, 2002

PACER
85

AFFIDAVIT by Leonard A. Cohen, Esq. on behalf of defts in opposition to Pltf's [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

May 29, 2002

PACER
86

REPLY MEMORANDUM OF LAW by Pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Donadio, Richard S. Trowbridge, Institute for Basi in further support of [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

May 29, 2002

PACER
87

AFFIRMATION IN REPLY TO STATE DEFT'S ANSWER TO PLTF'S MOTION TO VACATE JUDGMENT by Pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge, Institute for Basi Re: [82-1] to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

May 29, 2002

PACER
88

LETTER dated 5/27/02 from Jeremiah B. McKenna, Esq. to Clerk of the Court enclosing Notice of Motion and supporting papers. (enclosures not attached) (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

May 29, 2002

PACER
81

ORDER: request granted; for an extension of time until 5/27/02 to reply to the State deft's Oppostion . Signed by Judge Sterling Johnson Jr., undated. (See letter dated 5/16/02 from Jeremiah B. McKenna, Esq.) (Fernandez, Erica) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

PACER
89

MEMORANDUM and ORDER denying [82-1] motion to vacate [71-1] judgment order entered in this action on 4/11/01 pursuant FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts; The Clerk of the Court is directed to enter judgment for the defts and to close the case. Signed by Judge Sterling Johnson Jr., on 3/3/03. c/m by chambers (3 certified copies fwd to Judge Johnson) (Fernandez, Erica) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

Clearinghouse
90

NOTICE OF APPEAL by attorney for Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge Fee Paid $ 105.00 Receipt # 275264 [89-1] order. Affidavit of service attched. Forms C and D mailed to Jeremiah B. McKenna, 19 Brentwood Avenue, Staten Island, NY. 10301. (McGee, Maryann) (Entered: 04/04/2003)

April 1, 2003

April 1, 2003

PACER

Certified and Transmitted (INDEX) Record on Appeal to US Court of Appeals re 90 Notice of Appeal,, 72 Notice of Appeal, (Gonzalez, Mary)

June 17, 2003

June 17, 2003

PACER
91

Acknowledgment from USCA received re: 90 Appeal. Acknowledgment signed EA on 6/20/03. (Drayton, Lorraine) (Entered: 06/26/2003)

June 17, 2003

June 17, 2003

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 11, 1998

Closing Date: March 30, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven ex-employees brought up a putative class action lawsuit against several medical institutes, alleging they had been discriminated against on the basis of age.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Institute for Basic Research in Developmental Disabilities of the Office of Mental Retardation and Developmental Disabilities, Private Entity/Person

New York State Department of Mental Hygiene, State

New York State Department of Civil Service, State

Dr. Henryk M. Wisniewski, Private Entity/Person

Melvin Hicks, Private Entity/Person

Peter Vietze, Private Entity/Person

Public Employees Federation, AFL−CIO, Private Entity/Person

Michael Fenko, Private Entity/Person

Thomas A. Maul, Private Entity/Person

Office of Mental Retardation and Developmental Disabilities, Private Entity/Person

Jean S. Miller, Private Entity/Person

George C. Sinnott, Private Entity/Person

Institute for Basic Research in Development Disabilities., Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

State Anti-Discrimination Law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Staff (number, training, qualifications, wages)

Discrimination-area:

Hiring

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

Discrimination-basis:

Age discrimination