Case: EEOC v. THE PLAZA HOTEL INC

EEOC v. The Plaza Hotel, Inc.

EEOC v. The Plaza Hotel, et al.

No Court

EEOC v. The Plaza Hotel, et al.

EEOC v. The Plaza Hotel, et al.

EEOC v. The Plaza Hotel, et al.

No Court

EEOC v. The Plaza Hotel, et al.

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

Magistrate Judge Frank Maas is so designated. (jjm) (Entered: 10/01/2003)

PRELIMINARY PRETRIAL ORDER, that a pretrial conference shall be held in this matter on 1/16/04 at 3:00 p.m. in Courtroom No. 444, 40 Foley Square, New York, New York 10007 . ( signed by Judge Laura T. Swain ); Copies mailed by Chambers. (tp) (Entered: 10/16/2003)

NOTICE OF MOTION by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed for an Order permitting Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed to intervene as of right as party plaintiffs in this case pursuant to Rule 24 of the FRCP and 42 U.S.C. 2000e-5(f)(1) and, permitting plaintiffs-intervenors to prosecute their supplemental City law claims in this Court . Return Date 12/4/03. Affirmation of Mark B. Stumer in support attached. Proposed complaint in intervention attached. (yv) Modified on 10/31/2003 (Entered: 10/31/2003)

MEMORANDUM OF LAW by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed in support of [3-1] motion for an Order permitting Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed to intervene as of right as party plaintiffs in this case pursuant to Rule 24 of the FRCP and 42 U.S.C. 2000e-5(f)(1), [3-2] motion permitting plaintiffs-intervenors to prosecute their supplemental City law claims in this Court . (yv) (Entered: 10/31/2003)

AMENDED COMPLAINT by Equal Employment (Answer due 11/17/03 for Fairmont Hotels, for The Plaza Hotel ) amending [1-1] complaint against Fairmont Management; Summons issued. (db) (Entered: 11/12/2003)

DEMAND for jury trial by Equal Employment . (db) (Entered: 11/12/2003)

RULE 7.1 DISCLOSURE STATEMENT. Document filed by The Plaza Hotel.(sac, ) (Entered: 12/09/2003)

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Fairmontr Hotel Management LP.(sac, ) (Entered: 12/09/2003)

ANSWER to Amended Complaint. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel. Related document: [5] Amended Complaint filed by Equal Employment Opportunity Commission.(sac, ) (Entered: 12/09/2003)

ORDER granting [3] Motion to Intervene. The initial conference in this action is adjourned to 2/27/04 at 3:00 p.m., and the related deadlines are modified accordingly, so that an updated Joint Preliminary Pre-Trial Statement may be prepared. (Signed by Judge Laura Taylor Swain on 1/13/04) Copies Faxed By Chambers.(kw, ) (Entered: 03/05/2004)

DEMAND for Trial by Jury. Document filed by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed. (kw, ) (Entered: 03/05/2004)

ANSWER to Intervenor Complaint. Document filed by The Plaza Hotel.(kw, ) (Entered: 01/29/2004)

NOTICE of Appearance by Nora Ellen Curtin on behalf of Equal Employment Opportunity Commission (db, ) (Entered: 02/26/2004)

PRELIMINARY PRETRIAL STATEMENT. Document filed by Equal Employment Opportunity Commission, Fairmont Hotels and Resorts, Inc., Fairmontr Hotel Management LP, The Plaza Hotel.(db, ) (Entered: 03/03/2004)

Plaintiffs' Tulun Ahmed, MOhammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan,Mohammad Mamun, and Mohab Sayed's Initial Disclosures; Document filed by Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed. (djc, ) (Entered: 03/04/2004)

MEMORANDUM TO THE DOCKET CLERK: that a pretrial conference was held on 3/8/04 and adjourned to 6/3/05 at 10:00 a.m. before Judge Swain. (pl, ) (Entered: 03/15/2004)

Minute Entry for proceedings held before Judge Laura Taylor Swain : Interim Pretrial Conference held on 3/8/2004. (pl, ) (Entered: 03/15/2004)

Set/Reset Scheduling Order Deadlines: Pretrial Conference reset for 6/3/2004 10:00 AM before Judge Laura Taylor Swain. (pl, ) (Entered: 03/15/2004)

SCHEDULING ORDER: Amended Pleadings due by 4/16/2004. Joinder of Parties due by 4/16/2004. Motions due by 4/22/2005. Discovery due by 1/21/2005. Final Pretrial Conference set for 6/3/2005 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/8/2004) Copies mailed by Chambers.(jsa, ) (Entered: 03/10/2004)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial. Referred to Magistrate Judge Frank Maas. (Signed by Judge Laura Taylor Swain on 3/8/04) (dg, ) (Entered: 03/24/2004)

ENDORSED LETTER addressed to Hon. Frank Maas from Nora E. Curtin dated 3/22/04 re: request for an adjournment of the settlement conference.The Settlement Conference is adjourned to 4/30/2004 at 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Frank Maas on 3/29/04) (yv, ) (Entered: 03/31/2004)

AFFIRMATION of Lois M. Traub in Support re: [19] MOTION to Dismiss..(nite dep. box) Document filed by Fairmont Hotels and Resorts, Inc.. (pa, ) (Entered: 04/22/2004)

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Fairmont Hotels and Resorts, Inc..(nite dep. box)(pa, ) (Entered: 04/22/2004)

MEMORANDUM OF LAW in Support re: [19] MOTION to Dismiss. (nite dep. box). Document filed by Fairmont Hotels and Resorts, Inc.. (pa, ) (Entered: 04/22/2004)

Minute Entry for proceedings held before Judge Frank Maas : Settlement Conference held on 4/30/2004. (cd, ) (Entered: 05/18/2004)

ORDER; Each side shall be limited to twenty depositions unless there has been a showing of good cause to take additional depositions. On or before May 14, 2004, the intervenor plaintiffs shall turn over to the defendants medical record releases from their treating physicians and mental healthcare professionals. A further telephone conference shall be held on 09/09/04 at 10 a.m. Plaintff's counsel are directed to initiae the call; (Signed by Judge Frank Maas on 04/30/04) copies forwarded by Chambers.(djc, ) (Entered: 05/04/2004)

DECLARATION of Nora E. Curtin in Support.of its memo of law in opposition to deft Fairmont motion to dismiss for lack of personal jurisdiction and to furnish the court with exhibits to the memo of law. Document filed by Equal Employment Opportunity Commission. (pa, ) (Entered: 05/10/2004)

MEMORANDUM OF LAW in Opposition re: [19] MOTION to Dismiss.. Document filed by Equal Employment Opportunity Commission. (pa, ) (Entered: 05/10/2004)

REPLY MEMORANDUM OF LAW in Support to [19] MOTION to Dismiss. Document filed by Fairmont Hotels and Resorts, Inc. (db, ) (Entered: 05/18/2004)

AFFIDAVIT of Terence P. Badour in Further Support of [26] Reply Memorandum of Law in Support of Motion. Document filed by Fairmont Hotels and Resorts, Inc. (db, ) (Entered: 05/18/2004)

ORDER denying [19] Motion to Dismiss . (Signed by Judge Laura Taylor Swain on 8/13/2004) Copies mailed by Chambers.(jsa, ) (Entered: 08/16/2004)

Minute Entry for proceedings held before Judge Frank Maas : Telephone Conference held on 9/9/2004. Discovery issues addressed. (jco, ) (Entered: 09/14/2004)

ORDER, that on or before 9/16/04, the Plaza Hotel may submit a letter-appliation detailing the reasons why the EEOC investigative report should be produced despite EEOC's assertion of privilege. On or before 9/23/04, the EEOC shall respond, as further set forth in this document. A further telephone conference shall be held on 1/6/05, at 10 am. Plntf's counsel are directed to initiate the call. (Signed by Judge Frank Maas on 9/9/04) copies sent by chambers.(cd, ) (Entered: 09/14/2004)

Set/Reset Hearings: Telephone Conference set for 1/6/2005 10:00 AM before Magistrate Judge Frank Maas. (cd, ) (Entered: 09/14/2004)

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Nora E. Curtin dated 9/23/04. I have reviewed the letters concerning the defendants' application preliminarily, concluding that I should inspect the documents at issue in camera. I also note that there is no affidavit from an appropriate individual at the EEOC establishing the legitmacy of, and basis for, the privilege claimed. *Accordingly, the EEOC is directed to provide an affidavit (to be served on Ms. Traub and Mr. Stumer) and the underlying documents (ex parte). These submission shall be made within ten days. * I note that this gap may result from my direction that the defendant hotel submit a letter application to which the EEOC would respond. (Signed by Judge Frank Maas on 10/1/04) (kw, ) (Entered: 10/07/2004)

NOTICE of Appearance by Sunu P. Chandy on behalf of Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal, Equal Employment Opportunity Commission, Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed (pl, ) (Entered: 10/15/2004)

DISCOVERY ORDER; for the reasons set forth on this Order, the EEOC's letter-request that the Hotel be required to either produce additional materials set forth on its privilege log or waive its sixth affirmative defense is denied. (Signed by Judge Frank Maas on 10/20/2004) (jp, ) (Entered: 10/22/2004)

ENDORSED LETTER addressed to Judge Maas from Mark Sturner dated 10/21/2004 re: granting counsels request to proceed with the deposition of Mr. Mamun on 11/19/2004. (Signed by Judge Frank Maas on 10/21/2004) (jp, ) (Entered: 10/26/2004)

ANSWER to Amended Complaint. Document filed by Fairmont Hotels and Resorts, Inc. Related document: [5] Amended Complaint filed by Equal Employment Opportunity Commission.(kw, ) (Entered: 11/04/2004)

ANSWER to Intervenor Complaint. Document filed by Fairmont Hotels and Resorts, Inc. (kw, ) (Entered: 11/04/2004)

ENDORSED LETTER addressed to Magistrate Judge Maas from Kam S.Wong and Sunu Chandy dated 10/27/2004 re: The clear impact of the Hotel's objections to the EEOC's application was that documents created by outside counsel after 4/26/2002, were not a part of the investigation asserted as an affirmative defense. Accordingly, the documents on the Hotel's privilege log need not be produced. The Hotel obviously cannot rely trial on any document witheld on privilege grounds or which has not been produced. The EEOC's concern seems therefore misplaced. So ordered. (Signed by Judge Frank Maas on 10/28/2004) (jsa, ) (Entered: 11/04/2004)

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Sunu Chandy dated 12/9/04; re: My direction at the conference was not as narrow as defendants suggest. Indeed, I indicated that anything which could servce as a "backdrop" for the depositions was discoverable. Accordingly, to the extent they have not already done so, defendants are to produce any disciplinary files, performance evalutions, and documents concerning the witnesses' cessation of employment. (Signed by Judge Frank Maas on 12/9/04) (sac, ) (Entered: 12/15/2004)

Minute Entry for proceedings held before Judge Frank Maas : Telephone Conference held on 1/6/2005.(Discovery issues addressed) (jeh, ) (Entered: 01/11/2005)

ORDER. On or before 1/14/05, the Plaza Hotel shall submit a letter to him detailing the reasons why the EEOC's two additional proposed claimants should not be permitted to participate in this action. On or before 1/21/05, the EEOC shall respond. On or before 1/20/05, the defendants shall produce to the plaintifffs, "for attorney's eyes only," copies of the defendants' year end financial statements for 2003. A further telephone conference shall be held on 3/1/2005 at 02:00 PM. Plaintiffs' counsel are directed to initiate the call (Signed by Judge Frank Maas on 1/6/05) Copies sent by Chambers.(yv, ) (Entered: 01/12/2005)

LETTER addressed to Magistrate Judge Frank Maas from Sunu Chandy dated 1/21/05 re: Plaintiffs request that the Court required Defedants to produce their 2004 financial statement, in addition to the 2003 documents. Document filed by Adel Fathelbab, Ehsan Khan, Mohammad Mamun, Mohab Sayed, Equal Employment Opportunity Commission, Tulun Ahmed, Mohammed Alam, Musa Choudhury, Emdadur Chowdhury, Shamsul Chowdhury, Abdel El Bettal.(sac, ) (Entered: 02/08/2005)

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Judith Stoll dated 1/21/05 re: counsel for dfts request that the court deny plaintiffs' request for production of the 2004 financial statement for attorneys eys only.. The financial material was sought in relation to the EEOC's punitive damages claim, not with regard to collectability. The sale is a changed circumstance which warrants the production of the 2004 statements within 30 days after they are finalized. Finally, I do not read the EEOC's use of the phrase "at this time" as a suggestion that the EEOC intends to flout my order, but, rather, simply as a reservation of its rights to make an application to Judge Swain in connection with the trial. (Signed by Judge Frank Maas on 1/24/05) (dle, ) (Entered: 01/31/2005)

ORDER. For the reasons further set forth in this Order, the EEOC is granted leave to add Waheed Gill and Mohammed Azad, but not Sayed Rahmani, provided that the 2 new claimants are deposed prior to 2/28/05 and on condition that, in the event of an award in their favor, the Hotel will be reimbursed for the reasonable cost of their depositions. Furthermore, the request for clarification is granted, but the Court finds that the defendants in question are not defendants in the intervenor action, and denies the request to add them now (Signed by Judge Frank Maas on 2/7/05) Copies sent by Chambers.(yv, ) (Entered: 02/09/2005)

ENDORSED LETTER addressed to Judge Maas from Sunu Chandy dated 2/11/05: I am award of Rule 54(d)(1). My ruling was not made purs to that Rule, but in an attempt to ameliorate, to a certain extent, the EEOC's belated designation of claimants. I also fail to see any ambiguity if either Gill or Azad are awarded a judgment....Finaly, I stress that this requirement was intended, in part, to send a message to the EEOC, which evidently got lost in translation. (Signed by Judge Frank Maas on 2/14/05) (cd, ) (Entered: 02/17/2005)

MEMORANDUM OF LAW in Support re: [43] MOTION to Set Aside.. Document filed by Equal Employment Opportunity Commission. (jmi, ) (Entered: 03/03/2005)

DECLARATION of Sunu P. Chandy in Support re: [43] MOTION to Set Aside.. Document filed by Equal Employment Opportunity Commission. (jmi, ) (Entered: 03/03/2005)

MEMORANDUM OF LAW in Opposition re: [43] MOTION to Set Aside.. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (ll, ) (Entered: 03/09/2005)

ENDORSED LETTER addressed to Magistrate Judge Maas from Loios M. Traub dated 2/28/2005 re: the telephone conference will be held on 3/18/2005 at 11:00am. (Signed by Judge Frank Maas on 2/28/2005) (jsa, ) (Entered: 03/07/2005)

Set Deadlines/Hearings: Telephone Conference set for 3/18/2005 11:00 AM before Magistrate Judge Frank Maas. (jsa, ) (Entered: 03/07/2005)

ENDORSED LETTER addressed to Mag. Judge Frank Maas from Mark B. Stumer, Esq. dated 3/11/05 re: We will begin the Conf. 5/19 @11:00 a.m. and continue in the afternoon if necessary. My settlement procedures are attached. (Signed by Judge Frank Maas on 3/11/05) (pl, ) (Entered: 03/16/2005)

Minute Entry for proceedings held before Judge Frank Maas : Status Conference held on 3/18/2005. Discovery issues addressed. (pf, ) (Entered: 03/23/2005)

NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc, ) (Entered: 03/21/2005)

ORDER REFERRING CASE to Mediation...referring action to the Clerk to assign the above-entitled action to mediation. This case is referred for mediation, provided it can be mediated on one ( or more) of the following dates: April 14, 15, or 20 or May 2,3,or 6, 2005. (Signed by Judge Frank Maas on 3/18/2005) (jsa, ) (Entered: 03/24/2005)

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Judith A. Stoll dated 4/1/05 re: requesting an extension of the briefing schedule and permission to exceed the length of memoranda of law. Plaintiffs' opposition to motion for summary judgment due by 6/3/2005. Defendants' Reply due by 7/1/2005. Defendants may file and serve a consolidated brief of no more than 50 pages, and a reply brief of no more than 20 pages. Plaintiff's opposition brief shall not exceed 50 pages. (Signed by Judge Laura Taylor Swain on 4/4/05) Copies Mailed By Chambers.(kw, ) (Entered: 04/11/2005)

NOTICE OF MOTION for Summary Judgment, dismissing the Amended Complaint and the Complaint in Intervention in their entirety or for such other and further relief as this Court deems to be just, proper and equitable. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (mde, ) (Entered: 04/28/2005)

MEMORANDUM OF LAW in Support re: [52] MOTION for Summary Judgment.. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (mde, ) (Entered: 04/28/2005)

AFFIRMATION of Lois M. Traub in Support re: [52] MOTION for Summary Judgment.. Document filed by Fairmontr Hotel Management LP, The Plaza Hotel, Fairmont Hotels and Resorts, Inc.. (mde, ) (Entered: 04/28/2005)

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Mark B. Stumer dated 6/1/05 re: The pretrial conference is adjourned to 7/25/05 at 11:45 a.m. Counsel shall either make a formal motion (serve on Mr. Ahmed and counsel for other parties, with dice precautions or to privilege issues), or serve and file a stipulation concerning relief from the representation if Mr. Ahmed is consulting and signs such a stipulation. (Signed by Judge Laura Taylor Swain on 6/2/05) Copies Faxed By Chambers.(sac, ) (Entered: 06/06/2005)

CONSENT DECREE AND JUDGMENT settling action. (Signed by Judge Laura Taylor Swain on 6/7/05) (ml, ) (Entered: 06/08/2005)

Mailed notice of Right to Appeal re: [56] Consent Judgment and to Attorney(s) of Record: Katherine Elizabeth Bissell, Sunu P. Chandy, Nora Ellen Curtin, Elizabeth Anne Grossman, Judith A. Stoll, Mark B. Stumer, Kam Sau Wong. (lma, ) (Entered: 06/09/2005)

ORDER that Mr. Ahmed shall submit to the Court (by mailing to Chambers of The Honorable Laura Tayor Swain, Thurgood Marshall United States Courthouse #1205, New York, NY 10007) and shall serve on the Stumer firm, but NOT on defense or EEOC counsel, his written opposition, if any, to the Stumer firm's motion to be relieved. Any such opposition papers must be sent so as to be received by 6/30/05; that the Court will decide the Stumer firm's motion based on the written submissions; that Intervenor Plaintiff Ahmed's deadline for submitting opposition papers to the pending motion for Summary Judgment is extended pending further order of the Court; that the Stumer firm shall cause copies of this Order to be delivered to Mr. Ahmed by overnight mail and by regular mail. (Signed by Judge Laura Taylor Swain on 6/9/052) "Copies Faxed By Chambers"(jco, ) (Entered: 06/16/2005)

ORDER;... Mr. Ahmed shall cause a notice of appearance by new counsel or a notice of appearance pro se to be filed and served on counsel for the Plaza Hotel and Fairmont Hotels and Resorts, Inc., no later than 09/30/05....; (Signed by Judge Laura Taylor Swain on 6/27/05) (djc, ) (Entered: 06/29/2005)

ORDER: the final pre-trial conference set for 7/25/05 at 11:45 a.m. is adjourned pending further order of the Court. This case remains referred to Magistrate Judge Frank Maas for general pre-trial supervision. (Signed by Judge Laura Taylor Swain on 7/13/05) Copies Faxed by Chambers. (db, ) (Entered: 07/15/2005)

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Tulun Ahmed dated 9/16/05 re: Counsel writes to request from the Court an extension of sixty days to find new counsel. Plaintiff Ahmed's deadline to file a notice of appearance by new counsel or pro se is extended to 10/31/05 and will not be extended further. The parties shall appear for a pretrial conference on 11/8/05, at 4:30 p.m. in Courtroom 1305, United States Courthouse, 40 Centre Street, NY NY. Plaintiff is reminded that all of his communications with the Court must be copied to defense counsel. So Ordered. (Signed by Judge Laura Taylor Swain on 9/21/05) "Copies Mailed By Chambers".(jco, ) (Entered: 09/23/2005)

Minute Entry for proceedings held before Judge Laura Taylor Swain : Pretrial Conference held on 11/8/2005. Pltf Tulun Ahmed to file notice of appearance by 11/18/05- if not timely filed, pltf's claim will be dismissed w/prejudice. Deft to notify Court as to whether they will meet with MJ. Deft to submit revised summary judgment motion. (jco, ) (Entered: 11/15/2005)

NOTICE of Appearance of Tulun Ahmed (djc, ) Modified on 11/18/2005 (kkc, ). (Entered: 11/17/2005)

ORDER: Settlement Conference set for 1/23/2006 at 02:00 PM before Magistrate Judge Frank Maas. (Signed by Judge Laura Taylor Swain on 11/15/2005) Copies Mailed By Chambers.(lb, ) (Entered: 11/16/2005)

Minute Entry for proceedings held before Judge Frank Maas : Settlement Conference held on 1/23/2006. (sac, ) (Entered: 01/26/2006)

ORDER OF DISCONTINUANCE; this action is hereby discontinued with prejudice and without costs provided that within 30 days of the date of this order, counsel may apply by letter for restoration of the action. (Signed by Judge Frank Maas on 1/23/06) (kco, ) (Entered: 01/26/2006)