University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Stern v. Resnick IM-NY-0040
Docket / Court 7:99-cv-10053-CM-MDF ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On September 28, 1999, Angela Stern, the owner of a Chinese restaurant in the Village of Mount Kisco, New York, filed a lawsuit in the U.S. District Court for the Southern District of New York, seeking an injunction to stop her eviction. Plaintiff alleged that her landlord, at the request of ... read more >
On September 28, 1999, Angela Stern, the owner of a Chinese restaurant in the Village of Mount Kisco, New York, filed a lawsuit in the U.S. District Court for the Southern District of New York, seeking an injunction to stop her eviction. Plaintiff alleged that her landlord, at the request of officials for the Village of Mount Kisco, attempted to evict her and shut down her restaurant because she had altered the menu to attract a Latino clientele. This was one of an alleged series of illegal measures taken by Mount Kisco to force Hispanic immigrants from its community.

On October 18, 1999, the District Court (Judge Colleen McMahon) issued a preliminary injunction enjoining eviction proceedings.

The parties then reached a confidential settlement. The Court entered a stipulation and order of discontinuance on September 5, 2000, advising that any further motion to enforce the settlement agreement or underlying lease agreement would need to be brought by way of a separate action.

Dan Dalton - 11/08/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1981
Defendant(s) Allen Resnick
Plaintiff Description Owner of Chinese restaurant that altered its menu to attract a Latino clientele.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2000 - n/a
Case Closing Year 2000
Case Ongoing No
Case Listing IM-NY-0041 : Stern v. The Town of Mount Kisco (S.D.N.Y.)
IM-NY-0038 : Melchor v. The Village/Town of Mount Kisco (S.D.N.Y.)
IM-NY-0039 : The Mount Kisco Worker’s Project v. The Village/Town of Mount Kisco (S.D.N.Y.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
7:99-cv-10053-CM-MDF (S.D.N.Y.) 12/04/2000
IM-NY-0040-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Fox, Mark D. (S.D.N.Y.) [Magistrate]
IM-NY-0040-9000
McMahon, Colleen (S.D.N.Y.)
IM-NY-0040-9000
Monitors/Masters None on record
Plaintiff's Lawyers Huang, Jenny (New York)
IM-NY-0040-9000
Defendant's Lawyers Monteleone, Anthony J. (New York)
IM-NY-0040-9000
Other Lawyers None on record

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