Case: EEOC v. QUICK QUALITY RESTAURANT INC

7:04-cv-02472 | U.S. District Court for the Southern District of New York

Filed Date: April 2, 2004

Closed Date: Oct. 11, 2005

Clearinghouse coding complete

Case Summary

The EEOC's New York City office filed this national origin discrimination lawsuit against the defendants Quick Quality Restaurant, Inc. and Candu Management, Inc. in the United States District Court for the Southern District of New York (White Plains) on 03/29/2004. The defendants owned five Burger King restaurants in the state of New York. EEOC alleged on behalf of four former employees of the defendants' Fishkill, New York restaurant that the defendants terminated them on the basis of their…

The EEOC's New York City office filed this national origin discrimination lawsuit against the defendants Quick Quality Restaurant, Inc. and Candu Management, Inc. in the United States District Court for the Southern District of New York (White Plains) on 03/29/2004. The defendants owned five Burger King restaurants in the state of New York. EEOC alleged on behalf of four former employees of the defendants' Fishkill, New York restaurant that the defendants terminated them on the basis of their Arab or Middle Eastern descent. The individual complainants intervened in the lawsuit.

A jury trial was held before Magistrate Judge George A. Yanthis from 09/19/2005 to 09/27/2005. The jury reached a verdict for the defendants. EEOC filed motions for a new trial motion and to amend/alter judgment, both of which were subsequently denied. Thereafter EEOC filed an appeal to the Second Circuit but the appeal was dismissed. EEOC v. Quick Quality Restaurant, Inc., 2006 WL 375173 (S.D.N.Y. 2006).

Summary Authors

Justin Kanter (6/13/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4926466/parties/equal-employment-opportunity-commission-v-quick-quality-restaurant-inc/


Judge(s)

Yanthis, George A. (New York)

Judge(s)

Yanthis, George A. (New York)

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Documents in the Clearinghouse

Document

7:04-cv-02472

Docket

EEOC v. Quick Quality Restaurant Inc, et al

Feb. 17, 2006

Feb. 17, 2006

Docket
2

7:04-cv-02472

Complaint

EEOC v. Quick Quality Restaurant Inc, et al

April 2, 2004

April 2, 2004

Complaint
42

7:04-cv-02472

Memorandum Decision and Order [re: Resolution of Discovery Disputes]

EEOC v. Quick Quality Restaurant Inc, et al

Sept. 6, 2005

Sept. 6, 2005

Order/Opinion
73

7:04-cv-02472

Decision and Order

Equal Employment Opportunity Commission v. Quick Quality Restaurants, Inc.

Feb. 16, 2006

Feb. 16, 2006

Order/Opinion

2006 WL 2006

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4926466/equal-employment-opportunity-commission-v-quick-quality-restaurant-inc/

Last updated Feb. 7, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Candu Management, Inc., Quick Quality Restaurant, Inc. Document filed by Equal Employment Opportunity Commission.(laq, ) Additional attachment(s) added on 4/1/2004 (laq, ). (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

SUMMONS ISSUED as to Candu Management, Inc., Quick Quality Restaurant, Inc. (laq, ) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

Magistrate Judge Frank Maas is so designated. (laq, ) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

Case Designated ECF. (laq, ) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

2

COMPLAINT against Candu Management, Inc., Quick Quality Restaurant, Inc.. (Filing Fee $ 150.00.)Document filed by Equal Employment Opportunity Commission.(Graziano, Louis) (Entered: 04/02/2004)

April 2, 2004

April 2, 2004

***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) answer and rule 7.1 statement by Tamara Kaplan, were rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

3

FIRST MOTION to Intervene. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury. (Gaughran, Julie) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

4

ANSWER to Complaint. Document filed by Quick Quality Restaurant, Inc..(Nowak, Kenneth) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

5

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Quick Quality Restaurant, Inc..(Nowak, Kenneth) (Entered: 06/22/2004)

June 22, 2004

June 22, 2004

7

NOTICE OF CASE REASSIGNMENT to Judge Charles L. Brieant. Judge John G. Koeltl no longer assigned to the case. (pf, ) Additional attachment(s) added on 8/2/2004 (pf, ). (Entered: 08/02/2004)

July 23, 2004

July 23, 2004

Magistrate Judge George A. Yanthis is so redesignated. (pf, ) (Entered: 08/02/2004)

July 23, 2004

July 23, 2004

6

SCHEDULING ORDER: Case Management Conference set for 10/1/2004 09:00 AM in Court Room 1, 300 Quarropas Street, White Plains, NY 10601 before Judge Charles L. Brieant. (Signed by Judge Charles L. Brieant on 07/26/04) (fk, ) (Entered: 07/29/2004)

July 26, 2004

July 26, 2004

Mailed notice with Rules 2 & 3 to the attorney(s) of record. (pf, ) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

8

FIRST MOTION to Intervene. Document filed by Daniel Fakhoury, Leila fakhoury, farida kahn, Murad qaqish. Return Date set for 10/1/2004 09:30 AM. (Gaughran, Julie) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

Minute Entry for proceedings held before Judge Charles L. Brieant : Motion Hearing held on 10/1/2004 re: 3 FIRST MOTION to Intervene. filed by Daniel Fakhoury, Leila fakhoury, Murad qaqish, farida kahn. Judge's Decision: Oral Argument heard on motion (doc #3) to intervene. Motion granted. Intervieners are directed by the Court to submit an amended complaint within (20) days. (See transcript). (Submitted by Alice Cama). (Court Reporter Angela O'Donnell) (mde, ) (Entered: 10/08/2004)

Oct. 1, 2004

Oct. 1, 2004

9

SCHEDULING ORDER: This Court requires that this case shall be ready for trial on or after 4/15/05; The case is to be tried to a jury; Joinder of additional parties by 11/17/04; Amended Pleadings by 11/30/04; Interrogs by 11/17/04; 1st Request for Prod of Docs by 11/17/04; Depositions by 4/15/04; Any further interrogs, including expert by 2/18/05; Requests to Admit by 2/18/05; All discovery is to be completed by 4/15/05; Case Management Conference set for 4/15/2005 09:00 AM before Judge Charles L. Brieant. (Signed by Judge Charles L. Brieant on 10/21/04) Copies sent by Clerk's Office.(pf, ) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

10

Notice of Appearance of Michael Ranis . Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) Modified on 2/10/2005 (fk, ). (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

11

LETTER addressed to Judge Charles L. Brieant from Michael Ranis dated 4/14/05 re: All parties would like to reschedule the conference for as soon as is practicable w/ the Court. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury, Equal Employment Opportunity Commission.(ae, ) (Entered: 04/21/2005)

April 20, 2005

April 20, 2005

12

LETTER addressed to Ken and Julie from Michael Ranis dated 4/18/05 re: This will confirm that the conference w/ Judge Brieant has been adjourned until 4/29/05 at 9:00 a.m. Document filed by Equal Employment Opportunity Commission.(ae, ) (Entered: 04/22/2005)

April 21, 2005

April 21, 2005

13

LETTER addressed to Judge Charles L. Brieant from Michael Ranis dated 4/27/05 re:....request a 45 day extension of the period for completing discovery in this case..... Document filed by Daniel Fakhoury, Equal Employment Opportunity Commission.(pf, ) (Entered: 05/03/2005)

May 2, 2005

May 2, 2005

14

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/23/05 re: telephone conversation from Michael Ranis, of the EEOC advising that the conference in this action is scheduled for 6/24/05 at 9:00 a.m. All the attorneys thought that the conference was scheduled for 6/29/05; Defendant's request that the conference be adjourned at a convenient time for Your Honor. Document filed by Quick Quality Restaurant, Inc..(ae, ) (Entered: 06/28/2005)

June 27, 2005

June 27, 2005

15

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/28/05 re: This will confirm the telephone message left by Mrs. Cama on this date advising that the Final Pretrial Conference before Your Honor is scheduled for 7/15/05 at 9:00 a.m., w/ no adjournment. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.(ae, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

Set Deadlines/Hearings: Final Pretrial Conference set for 7/15/2005 09:00 AM before Judge Charles L. Brieant. (ae, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

16

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/30/05 re: Defendants request that the Court deny the Plaintiff's request to compel discovery of financial information because the defendants' wealth or financial condition is generally not discoverable until after the trier of fact has determined the defendant's liability for punitive damages. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.(ae, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

17

LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/23/05 re: Defendant requests that the Court adjourn the conference scheduled for 6/24/05 at 9:00 a.m. at a convenient time for Your Honor. Document filed by Quick Quality Restaurant, Inc..(ae, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

Minute Entry for proceedings held before Judge Charles L. Brieant : Interim Pretrial Conference held on 7/15/2005. (Court Reporter Sue Ghorayeb) (pf, ) (Entered: 07/18/2005)

July 15, 2005

July 15, 2005

18

LETTER addressed to Judge Charles L. Brieant from Kenneth Nowak dated 7/13/05 re:........to inform you of scheduled non-refundable vacation plans for myself and the dfts-witnesses..... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(pf, ) (Entered: 07/18/2005)

July 15, 2005

July 15, 2005

19

CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge George A. Yanthis. (Signed by Judge Charles L. Brieant on 7/15/05) (ae, ) (Entered: 07/19/2005)

July 15, 2005

July 15, 2005

20

TRIAL ORDER: Jury selection 9/19/05 at 9:30 a.m. in courtroom 118; Trial 9/19/05; Proposed voir dire and witness lists by 9/6/05; Proposed jury instructions, optional trial memoranda and motions in limine by 9/6/05; Responses to motions in limine by 9/13/05; So Ordered: (Signed by Judge George A. Yanthis on 7/18/05) Copies sent by Clerk's Office.(pf, ) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

21

LETTER addressed to Dear Judge Brieant from Kenneth I. Nowak dated 7/13/2005 re: In anticipation of Your Honor setting a trial date, I wish to inform you of scheduled, non-refundable vacation plans for myself and the deft's. witnesses...... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(jma, ) (Entered: 07/20/2005)

July 19, 2005

July 19, 2005

22

Proposed Jury Instructions. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

23

Proposed Voir Dire Questions. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

24

JOINT MOTION in Limine re: Unemployment Benefits . Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

25

JOINT MOTION in Limine re: Habit Evidence . Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

26

Witness List. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

27

JOINT MOTION in Limine re: EEOC's Interviews and File . Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

28

JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury . Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

29

MOTION in Limine to exclude testimony and clinical notes . Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

30

MOTION in Limine exclude testimony & information re: calculation of front pay damages . Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

31

MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony . Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

33

TRIAL MEMORANDUM. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

34

Proposed Jury Instructions. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Jury Verdict Form-Daniel Fakhoury# 2 Jury Verdict Form-Murad Qaqish# 3 Jury Verdict Form-Farida Kahn# 4 Jury Verdict Form-Laila Fakhoury# 5 Jury Verdict Form-Maged Eid)(Nowak, Kenneth) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

35

Proposed Voir Dire Questions. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

36

Witness List. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

39

LETTER addressed to Judge George A. Yanthis from Kenneth I. Nowak dated 7/19/2005 re: For Your Honors's convenience, I am enclosing a copy of both letters.... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(mde, ) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

40

LETTER addressed to Judge George A. Yanthis from Kenneth I. Nowak dated 8/15/2005 re: Please accept this letter as response in opposition the the 8/2/2005 letter from Michael Ranis... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(mde, ) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

41

LETTER addressed to Judge George A. Yanthis from Michael Ranis dated 8/2/2005 re: I was on leave and unable to meet you at the conference on 7/15 regarding the scheduling of the trial in this matter, nor discuss the unresolved discovery issue... Document filed by Equal Employment Opportunity Commission.(mde, ) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

42

MEMORANDUM DECISION AND ORDER; regarding resolution of the discovery disputes in regards to the financial information concerning the defendants. (Signed by Judge George A. Yanthis on 9/6/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 09/08/2005)

Sept. 6, 2005

Sept. 6, 2005

37

MOTION in Limine. Document filed by Daniel Fakhoury. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Appendix Exhibit 1)(Gaughran, Julie) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

38

MOTION in Limine. Document filed by Daniel Fakhoury. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Appendix Exhibits 1 and 2)(Gaughran, Julie) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

43

RESPONSE in Opposition re: 31 MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony ., 29 MOTION in Limine to exclude testimony and clinical notes .. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

44

RESPONSE in Opposition re: 25 JOINT MOTION in Limine re: Habit Evidence .. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit Defendants' Response in Oppositon to Plaintiffs' Motion in Limine Seeking Admission of Testimony Regarding Defendants' Routine Practices)(Nowak, Kenneth) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

45

RESPONSE in Opposition re: 27 JOINT MOTION in Limine re: EEOC's Interviews and File .. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

46

RESPONSE in Opposition re: 24 JOINT MOTION in Limine re: Unemployment Benefits .. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

47

RESPONSE in Opposition re: 28 JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury .. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

48

RESPONSE in Opposition re: 30 MOTION in Limine exclude testimony & information re: calculation of front pay damages . Requesting Admission of Charts . Document filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Ranis, Michael) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

49

RESPONSE in Opposition re: 29 MOTION in Limine to exclude testimony and clinical notes . Admission of Emotional Distress Witnesses and Medical Notes . Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

50

MOTION in Limine Opposition . Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury. (Gaughran, Julie) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

51

MOTION in Limine Re: Def. Financial Documents . Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Exhibit Exhibits 1-7# 2 Exhibit 8-11 to Brief)(Ranis, Michael) (Entered: 09/18/2005)

Sept. 18, 2005

Sept. 18, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Selection held on 9/19/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial begun on 9/19/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Motion Hearing held on 9/19/2005 re: 31 MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony . filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 32 MOTION in Limine to exclude memoranda of EEOC Investigator Marchese . filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 50 MOTION in Limine Opposition . filed by Daniel Fakhoury,, Leila fakhoury,, Murad qaqish,, farida kahn,, 51 MOTION in Limine Re: Def. Financial Documents . filed by Equal Employment Opportunity Commission,, 27 JOINT MOTION in Limine re: EEOC's Interviews and File . filed by Equal Employment Opportunity Commission,, 28 JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury . filed by Equal Employment Opportunity Commission,, 37 MOTION in Limine. filed by Daniel Fakhoury,, 29 MOTION in Limine to exclude testimony and clinical notes . filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 24 JOINT MOTION in Limine re: Unemployment Benefits . filed by Equal Employment Opportunity Commission,, 38 MOTION in Limine. filed by Daniel Fakhoury,, 30 MOTION in Limine exclude testimony & information re: calculation of front pay damages . filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 25 JOINT MOTION in Limine re: Habit Evidence . filed by Equal Employment Opportunity Commission,. Motions Resolved. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/20/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 20, 2005

Sept. 20, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/21/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484)) (ae, ) (Entered: 09/28/2005)

Sept. 21, 2005

Sept. 21, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/22/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 22, 2005

Sept. 22, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/23/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 23, 2005

Sept. 23, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/26/2005. (Court Reporter Albi Gorn) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 26, 2005

Sept. 26, 2005

Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial completed on 9/27/2005. Clerk to enter judgment. (Court Reporter Albi Gorn) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)

Sept. 27, 2005

Sept. 27, 2005

JURY VERDICT, in favor of both.(ae, ) (Entered: 09/28/2005)

Sept. 27, 2005

Sept. 27, 2005

52

AFFIDAVIT of Stanley J. Moskowitz; regarding his appointment by the Court as an "Accounting Expert". (ae, ) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

53

FIRST MOTION for New Trial on Basis of Voir Dire . Document filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Part I, Exhibits# 2 Exhibit Part 2 of Exhibits)(Ranis, Michael) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

54

JUDGMENT... ORDERED, ADJUDGED AND DECREED: that the verdict handed down by the jury on September 27, 2005, is in favor of all defendants and the case is hereby closed in accordance with the jury verdict. (Signed by Judge George A. Yanthis and Clerk of Courts J. Michael McMahon on 10/11/2005) (tb, ) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

55

ENDORSED LETTER addressed to USMJ Yanthis from Cynthia Revesz dated 10/20/05 re:... to request an extension of time to answer the EEOC's motion for a new trial....ENDORSEMENT: Application Granted. So Ordered: (Signed by Judge George A. Yanthis on 10/20/05) Copies sent by Clerk's Office.(pf, ) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

57

FIRST MOTION to Amend/Correct To Submit Voir Dire Transcript to Motion for New Trial . Document filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Ranis, Michael) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

58

BILL OF COSTS in favor of Defendants against Plaintiffs for the sum of $29,582.58.(ae, ) (Entered: 11/07/2005)

Nov. 3, 2005

Nov. 3, 2005

59

AFFIDAVIT of Kenneth I. Nowak in Support re: 58 Bill of Costs. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc. (ae, ) (Entered: 11/07/2005)

Nov. 3, 2005

Nov. 3, 2005

60

NOTICE of Hearing: on Bill of Costs, that on 11/16/05, at 10:00 a.m., or as soon thereafter as counsel may be heard, the Deputy-in-Charge, Robert Rogers, of the U.S.D.C., S.D.N.Y., U.S. Courthouse, 300 Quarropas Street, White Plains, New York, shall hear defendants' request for the taxing of their costs, as set forth in their Bill of Costs, to be included in the judgment of the w/in matter. (ae, ) (Entered: 11/07/2005)

Nov. 3, 2005

Nov. 3, 2005

61

AFFIDAVIT of Elaine Barnett re: 58 Bill of Costs. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments:, # 1)(ae, ) (Entered: 11/07/2005)

Nov. 3, 2005

Nov. 3, 2005

62

CERTIFICATE OF SERVICE of Notice of Hearing on Bill of Costs together w/ Aff. of Kenneth I. Nowak, Esq. and the Aff. of Elaine Barnett, and exhibits annexed hereto served on Michael Ranis and Julie E. Gaughran on 11/2/05. Service was made by UPS Overnight Service. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (ae, ) (Entered: 11/07/2005)

Nov. 3, 2005

Nov. 3, 2005

63

BILL OF COSTS STIPULATION BTW. PARTIES Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

64

STIPULATION AND ORDER REGARDING DEFENDANTS' BILL OF COSTS. (Signed by Judge George A. Yanthis on 11/21/05) (ae, ) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

65

ORDER denying 53 Motion for New Trial, denying 57 Motion to Amend/Correct... Court blieves that no prejudicial error exists in the record and that plaintiff EEOC received a fair trial by an impartial jury. Accordingly, EEOC's motion for post-verdict relief is Denied. (Signed by Judge George A. Yanthis on 11/23/2005) Copies Mailed by Chambers.(tb, ) (Entered: 11/28/2005)

Nov. 23, 2005

Nov. 23, 2005

66

MOTION for Attorney Fees. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 # 2 # 3)(Nowak, Kenneth) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

67

MOTION for Attorney Fees. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. Return Date set for 12/19/2005 09:00 AM. (Attachments: # 1 Affidavit Affidavit of Counsel in Support of Application for Attorneys' Fees# 2 Exhibit Exhibit 1 to Affidavit of Counsel)(Nowak, Kenneth) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

Set/Reset Deadlines as to 67 MOTION for Attorney Fees.. Responses due by 1/2/2006 (ae, ) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

69

RESPONSE in Opposition re: 66 MOTION for Attorney Fees., 67 MOTION for Attorney Fees.. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

70

RESPONSE in Support re: 66 MOTION for Attorney Fees., 67 MOTION for Attorney Fees. Defendants' Reply to EEOC's Preliminary Opposition . Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

71

NOTICE of APPEAL under FRAP 3. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

72

NOTICE OF DISMISSAL OF APPEAL. Appeal to Second Circuit of 1/20 . Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) Modified on 4/4/2006 (fk, ). (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

73

DECISION AND ORDER: Plaintiffs' action was not frivolous, unreasonable, or groundless; nor did plaintiff continue to litigate after it clearly became so. Accordingly, the motion by defendants for attorneys fees as prevailing parties is denied. SO ORDERED: (Signed by Judge George A. Yanthis on 2/16/2006) "The Clerk's Office Has Mailed Copies".(mde, )

Feb. 17, 2006

Feb. 17, 2006

RECAP

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: April 2, 2004

Closing Date: Oct. 11, 2005

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: No

Class Action Outcome: Not sought

Defendants

Candu Management, Inc. (Fishkill, NY), Private Entity/Person

Quick Quality Restaurant, Inc. (Fishkill, NY), Private Entity/Person

Case Details

Causes of Action:

State law

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

National origin discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern