Case: EEOC v. Poggenpohl U.S., Inc.

1:03-cv-06190 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 19, 2003

Closed Date: Aug. 2, 2004

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Case Summary

In August 2003, the New York District Office of the EEOC brought this suit against Poggenpohl U.S. and related defendants in the U.S. District Court for the Southern District of New York. The only document publicly available regarding this case is the docket, which suggests that the case was brought under Title VII. After some scheduling hearings, the case was referred to a Magistrate Judge for settlement in January 2004. A settlement conference was held in April 2004, and the parties entered into a final consent decree in June 2004.

Summary Authors

Kevin Wilemon (5/30/2007)

Documents in the Clearinghouse

Document

1:03-cv-06190

Docket (PACER)

EEOC v. POGGEN POHL U.S., INC.

Aug. 2, 2004

Aug. 2, 2004

Docket

Resources

Docket

Last updated March 25, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (laq) (Entered: 08/20/2003)

Aug. 19, 2003

Aug. 19, 2003

Magistrate Judge Debra Freeman is so designated. (laq) (Entered: 08/20/2003)

Aug. 19, 2003

Aug. 19, 2003

2

PRELIMINARY PRE-TRIAL ORDER; set pretrial conference for 10:30 11/25/03, in Courtroom NO. 444, 40 Foley Square, N.Y.C. ; that counsel for plaintff(s) shall serve a copy of this Preliminary Pre-Trial Order on each defendant within ten calendar days following the date of this order that a copy of this Preliminary Pre-Trial Order shall also be served with an subsequent process that brings additional parties, and that proof of such service shall be filed with the Court promptly , counsel for the parties confer preliminarily at least 21 days prior to the date set forth in in this Order to discuss the matters that are set forth in this Order; in the event that any party fails to comply with this Order, the Court may impose sanctions or take other action as appropriate . ( signed by Judge Laura T. Swain ); Copies mailed by chambers (pl) (Entered: 09/04/2003)

Aug. 28, 2003

Aug. 28, 2003

4

ANSWER to Complaint by Poggenpohl U.S. (Attorney Paul J. Siegel, Roger H. Briton from the Firm: Jackson Lewis LLP); jury demand. (yv) (Entered: 10/24/2003)

Oct. 20, 2003

Oct. 20, 2003

5

STIPULATION MOTION FOR INTERVENTION OF COUNSEL FOR INDIVIDUAL PLAINTIFF, plntf and deft do not object to the intervention of Saul Zabell to serve as counsel for Ms. Azza Elmostehi ; reset answer to complaint due for 10/20/03 for Poggenpohl U.S. ; the proposed Amended Complaint appended by Mr. Zabell to his motion to intervene is withdrawn ; within 20 days after the Court enters an order permitting the intervention of Saul Zaell as counsel for Ms. Elmostehi, an Amended Complaint can be served ( signed by Judge Laura T. Swain ) (cd) (Entered: 10/28/2003)

Oct. 24, 2003

Oct. 24, 2003

6

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Elliot D. Bernak dated 11/20/03 re: adjournment of the scheduled pretrial conference. Application GRANTED. The conference is adjourned to 12/19/2003 at 4:00 PM before Judge Laura Taylor Swain.(Signed by Judge Laura Taylor Swain on 11/21/03) Copies Faxed by Chambers.(db, ) (Entered: 12/01/2003)

Nov. 24, 2003

Nov. 24, 2003

7

CERTIFICATE OF SERVICE of Endorsed Memo served on Monique J. Roberts, Esq., Trial Attorney for Plaintiff on 11/24/03. Document filed by Poggenpohl U.S. (sac, ) (Entered: 12/12/2003)

Dec. 3, 2003

Dec. 3, 2003

8

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Monique Roberts dated 12/11/2003 re: Extension of time to submit the Joint Pre-trial Statement on 12/18/2003. The application is granted.. (Signed by Judge Laura Taylor Swain on 12/12/2003) (Sacco, John) (Entered: 01/05/2004)

Dec. 15, 2003

Dec. 15, 2003

Set Deadlines/Hearings: Pretrial Order due by 12/18/2003. (Sacco, John) (Entered: 01/05/2004)

Dec. 15, 2003

Dec. 15, 2003

9

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Elliot D. Bernak dated 12/23/2003 re: Adjournment of pre-trial conference scheduled for 12/18/2003 and proposed preliminary statement due date. The application is granted. The conference is adjourned to 1/23/2004 at 4:45pm. The preliminary pre-trial statements shall be served and filed with a courtesy copy for chambers, by January 16, 2004.. (Signed by Judge Laura Taylor Swain on 12/23/2003) Copies mailed by chambers.(jsa, ) Modified on 1/12/2004 (jsa, ). (Entered: 01/12/2004)

Dec. 29, 2003

Dec. 29, 2003

Set/Reset Hearings: Pretrial Conference set for 1/23/2004 04:45 PM before Judge Laura Taylor Swain. (jsa, ) (Entered: 01/12/2004)

Dec. 29, 2003

Dec. 29, 2003

10

AMENDED COMPLAINT against Birkenfeld, Margot Solomon, Poggenpohl U.S. Document filed by Equal Employment Opportunity Commission.(sac, ) (Entered: 01/14/2004)

Jan. 9, 2004

Jan. 9, 2004

11

ENDORSED LETTER addressed to Judge Swain from Saul D. Zabel dated 1/8/2004 re: 45 day extension of time for the plaintiff to serve defendant Poggenpohl. The application is granted.. (Signed by Judge Laura Taylor Swain on 1/12/2004) Copies faxed by chambers.(jsa, ) (Entered: 01/27/2004)

Jan. 13, 2004

Jan. 13, 2004

13

CERTIFICATE OF SERVICE of Endoresed letter served on Monique Roberts and Elliot Bernak on 1/13/04. Service was made by mail. (moc, ) (Entered: 01/30/2004)

Jan. 20, 2004

Jan. 20, 2004

Minute Entry for proceedings held before Judge Laura Taylor Swain : Interim Pretrial Conference held on 1/23/2004. Pltf-intervenor's time to serve Deft Solomon extended to 2/20/04. (kw, ) (Entered: 01/27/2004)

Jan. 23, 2004

Jan. 23, 2004

Set Deadlines/Hearings: Pretrial Conference set for 3/22/2004 02:00 PM before Judge Laura Taylor Swain. (kw, ) (Entered: 01/27/2004)

Jan. 23, 2004

Jan. 23, 2004

14

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Laura Taylor Swain on 1/23/2004) Copies mailed by Chambers.(jsa, ) (Entered: 02/02/2004)

Jan. 27, 2004

Jan. 27, 2004

15

PRELIMINARY PRE-TRIAL STATEMENT; Document filed by Birkenfeld, Equal Employment Opportunity Commission, Poggenpohl U.S., Inc., Margot Solomon. (pl, ) (Entered: 02/05/2004)

Feb. 2, 2004

Feb. 2, 2004

16

Letter addressed to Counsels of record from The Chambers of Mag. Judge Debra Freeman dated 2/11/04 re: advising counsel that case has been referred to her by Judge Swain for the purpose of settlement; and setting this matter down for a settlement confernece for Thursday, 03/245/04 at 11:00 a.m.. (djc, ) (Entered: 02/25/2004)

Feb. 20, 2004

Feb. 20, 2004

Set/Reset Hearings: Settlement Conference set for 3/25/2004 11:00 AM before Magistrate Judge Debra C. Freeman. (djc, ) (Entered: 02/25/2004)

Feb. 20, 2004

Feb. 20, 2004

17

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Margot Solomon served on 2/26/2004, answer due 3/17/2004. Service was accepted by personal service. Document filed by Equal Employment Opportunity Commission. (jco, ) (Entered: 03/15/2004)

March 10, 2004

March 10, 2004

18

ANSWER to Intervenor's Amended Complaint. Document filed by Margot Solomon.(pl, ) (Entered: 04/08/2004)

April 5, 2004

April 5, 2004

Minute Entry for proceedings held before Judge Debra C. Freeman : Settlement Conference held on 4/9/2004. (kw, ) (Entered: 04/13/2004)

April 9, 2004

April 9, 2004

MEMORANDUM TO THE DOCKET CLERK: for proceedings held before Judge Debra C. Freeman : Settlement Conference held on 4/9/2004. (kw, ) (Entered: 04/13/2004)

April 9, 2004

April 9, 2004

19

MEMORANDUM TO THE DOCKET CLERK: pretrial telephone conference re: settlement status - settled. (pl, ) (Entered: 04/16/2004)

April 13, 2004

April 13, 2004

Minute Entry for proceedings held before Judge Debra C. Freeman : Pretrial Telephone Conference held on 4/13/2004. (pl, ) (Entered: 04/16/2004)

April 13, 2004

April 13, 2004

21

CONSENT JUDGMENT resolving all matters in this action. (Signed by Judge Laura Taylor Swain on 6/30/04) (ml, ) (Entered: 07/01/2004)

June 30, 2004

June 30, 2004

Mailed notice of Right to Appeal to Attorney(s) of Record: Katherine Elizabeth Bissell, Roger H. Briton, Monique Joy Roberts, Paul J. Siegel, Saul D. Zabell. (snu, ) (Entered: 07/09/2004)

July 9, 2004

July 9, 2004

22

STIPULATION AND ORDER OF DISMISSAL as to Elmostehi with prejudice and without costs. (Signed by Judge Laura Taylor Swain on 7/30/04) (ml, ) (Entered: 08/03/2004)

Aug. 2, 2004

Aug. 2, 2004

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 19, 2003

Closing Date: Aug. 2, 2004

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: Unknown

Class Action Outcome: Unknown

Defendants

Margot Solomon, Private Entity/Person

Birkenfeld, Private Entity/Person

Poggenpohl U.S., Inc., Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit