Case: EEOC v. BENIHANA, INC. and BENIHANA of TOKYO, INC.

Equal Employment v. Benihana, Inc., et al

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed and summons(es) issued for Benihana, Inc., Benihana of Tokyo (Kearney, Tom) (Entered: 06/30/1997)

ORDER dated 8/8/97, this case has been referred to Mag. Judge Boyle for purposes of case management, the scheduling of discovery, resolution of discovery disputes, settlement conferences and any other purposes set forth. ( signed by Magistrate-Judge E. T. Boyle ) (Donovan, Donna) (Entered: 08/11/1997)

AMENDED COMPLAINT by Equal Employment , (Answer due 8/23/97 for Benihana of Tokyo, for Benihana, Inc. ) amending [1-1] complaint (Donovan, Donna) (Entered: 08/15/1997)

DEMAND for jury trial by Equal Employment (entered on doc #3) (Donovan, Donna) (Entered: 08/15/1997)

LETTER dated 8/12/97 from Michael B. Ranis to Judge Platt RE: enclosed please find a courtesy copy of the amended complaint. (fe) (Entered: 08/20/1997)

WAIVER OF SERVICE Returned Executed as to Benihana, Inc., Benihana of Tokyo 7/2/97 Answer due on 8/31/97 for Benihana of Tokyo, for Benihana, Inc. (Donovan, Donna) (Entered: 09/05/1997)

Disclosure of interested parties by Benihana, Inc., Benihana of Tokyo (Donovan, Donna) (Entered: 09/05/1997)

Returning request papers to be admitted pro hac vice by William Briggs for dfts, sent on 9/4/97 . (Donovan, Donna) (Entered: 09/04/1997)

AFFIDAVIT by Kyle P. Kelley on behalf of Benihana, Inc., Benihana of Tokyo Re:in support of motion to be admitted pro hac vice. (Donovan, Donna) (Entered: 09/23/1997)

ORDER dated 9/12/97, for Kyle P. Kelley, Richard L. Mann to appear pro hac vice on the conditions that Judith E. Held of Fisher, Fisher and Berger, P.C. will remain responsible for all proceedings including trial on this case ( signed by Judge Thomas C. Platt ) (Donovan, Donna) (Entered: 09/23/1997)

ORDER dated 9/12/97, set status conference for 3:30 11/10/97 before Magistrate-Judge E. T. Boyle ( signed by Magistrate-Judge E. T. Boyle ) cm (fe) (Entered: 09/24/1997)

ORDER dated 9/19/97, granting appearance pro hac vice by Wiliam J. Briggs. ( signed by Judge Thomas C. Platt ) cm (fe) (Entered: 09/24/1997)

AFFIDAVIT of Judith E. Held on behalf of Benihana, Inc., Benihana of Tokyo in support of [9-1] order for Kyle P. Kelley, Richard L. Mann to appear pro hac vice on the conditions that Judith E. Held of Fisher, and Berger, P.C. will remain responsible for all including trial on this case (fe) (Entered: 09/25/1997)

Disclosure of interested parties by Benihana, Inc., Benihana of Tokyo (fe) (Entered: 10/10/1997)

Status conference held (Donovan, Donna) (Entered: 11/14/1997)

Calendar entry: Before Mag. Judge Boyle on 11/10/97 at 3:30 pm. Civil cause for initial conference held. set discovery due for 4/30/98 not including experts , set status conference for 2:30 5/8/98 before Magistrate E. T. Boyle (Donovan, Donna) (Entered: 11/14/1997)

NOTICE of Change of Firm Name by Benihana, Inc., Benihana of Tokyo (Donovan, Donna) (Entered: 12/02/1997)

NOTICE of Change of Firm Name by counsel to Benihana, Inc., Benihana of Tokyo from Richman, Lawrence, Mann, Greene, Chizever & Phillips to Richman, Lawrence, Mann, Chizever & Phillips. (fe) (Entered: 01/27/1998)

Letter MOTION by Equal Employment reset status conference within 45 days of the 4/29/98 date before Magistrate E. T. Boyle , Motion hearing [17-1] motion (Barhome, Sydelle) (Entered: 05/04/1998)

ENDORSED ORDER dtd. 4/29/98: Referring to Doc. #17, the pre-trial conference is cancelled. The parties are directed to the Consent Decree to Judge Platt for his approval, within 45 days. ( signed by Mag. J. Boyle) (Barhome, Sydelle) Modified on 05/04/1998 (Entered: 05/04/1998)

REQUEST for a pro se attorney through the court to contest the Consent Decree from Chong Kum You to Mag. Judge Boyle (Lundy, Lisa) (Entered: 06/22/1998)

Letter MOTION by Benihana of Tokyo, Benihana, Inc. to extend time three weeks in which to attempt to finalize a Consnet Decree , Motion hearing (Lundy, Lisa) (Entered: 06/22/1998)

Endorsed order The applicant for counsel is directed to contact the pro-se clerk, Allen Herrzfeld, and complete the formal prerequisites for this application, which should be provided to the court [19-1] requested ( Signed by Magistrate E. T. Boyle ) c/m (Lundy, Lisa) (Entered: 06/22/1998)

Endorsed order granting [20-1] motion to extend time three weeks in which to attempt to finalize a Consnet Decree, In the event that this matter is not settled by 7/7/98 this matter is scheduled for a set status conference for 10:30 7/17/98 before Magistrate E. T. Boyle ( Signed by Magistrate E. T. Boyle ) c/f (Lundy, Lisa) (Entered: 06/22/1998)

LETTER dated 6/24/98 from Wayne Holder to USDJ Platt RE: Requesting a conference to attempt to resolve a dispute which arose in this matter regarding attorney's fees. (Branciforte, Ralph) (Entered: 08/05/1998)

MOTION by Chong Kum You for appointment of counsel , Motion hearing (Branciforte, Ralph) (Entered: 07/08/1998)

AFFIDAVIT by Chong Kum You in support of her [21-1] motion for appointment of counsel (Branciforte, Ralph) (Entered: 07/08/1998)

ORDER dtd. 7/7/98 granting [21-1] motion for appointment of counsel ( signed by Magistrate E. T. Boyle ) CM, CF (Branciforte, Ralph) (Entered: 07/08/1998)

Status conference held (Branciforte, Ralph) (Entered: 07/20/1998)

Calendar entry: Before USMJ Boyle 7/17/98 @ 10:30 AM. Civil Cause For Status Conference. Case called. Counsel for parties present. setting status conference for 10:30 8/25/98 before Magistrate E. T. Boyle The brief schedule for Messrs. Holden and Flores motion for counsel fees is as follows: movant papers by 9/12/98 , Response to motion by 9/16/98 , Reply to Response to Motion by 9/23/98 CG (Branciforte, Ralph) (Entered: 07/20/1998)

Status conference held (Branciforte, Ralph) (Entered: 07/22/1998)

Calendar entry: Before USDJ Platt on 7/17/98 @ 10:30 AM. Civil Cause For Pre-Motion Conference (Attorney Fees). Case called. Counsel for parties present. C/R Mary Cutrell. Case referred to USMJ Boyle to hear the motion. (Branciforte, Ralph) (Entered: 07/22/1998)

LETTER dated 8/11/98 from Michael Ranis to USMJ Boyle RE: Enclosed please find the Consent Decree executed by both parties in this case. (Branciforte, Ralph) (Entered: 10/22/1998)

Endorsed order granting [27-1] motion request to be permitted to attend the conference scheduled for 8/25/98 by telephone ( Signed by Magistrate E. T. Boyle ) c/f (Lundy, Lisa) (Entered: 08/25/1998)

LETTER dated 8/25/98 from Judith Held to Mag. Judge Boyle; Notification to the court that Judith Held will participate by telephone at the 8/25/98 status conf. (Lundy, Lisa) (Entered: 08/25/1998)

Status conference held (Branciforte, Ralph) (Entered: 08/26/1998)

Calendar entry: Before USMJ Boyle on 8/25/98 @ 10:30 AM. Civil Cause for Telephone Status Conference. Case called. Counsel for parties present. setting status conference for 11:30 9/1/98 by phone or personal appearance before Magistrate E. T. Boyle (Branciforte, Ralph) (Entered: 08/26/1998)

SEALED DOCUMENT placed in vault RE: Application & Order (Toritto, James) (Entered: 09/02/1998)

Status conference held (Branciforte, Ralph) (Entered: 09/08/1998)

Calendar entry: Before USMJ Boyle on 9/1/98 @ 11:30 AM. Civil Cause For Status Conference. Case called. Counsel for parties present. setting status conference and oral argument for 10:00 10/2/98 before Magistrate E. T. Boyle CG (Branciforte, Ralph) (Entered: 09/08/1998)

Letter MOTION by Equal Employment request to adjourn the oncference scheduled for 10/2/98 ,on consent Motion hearing (Lundy, Lisa) Modified on 09/24/1998 (Entered: 09/24/1998)

Endorsed order granting [31-1] motion request to adjourn the conference scheduled for 10/2/98 is rescheduled to 10/6/98 at 4:00 P.M. ( Signed by Magistrate E. T. Boyle ) c/f (Lundy, Lisa) (Entered: 09/24/1998)

LETTER dated 9/24/98 from Judith E. Held to Mag. Judge Boyle; Notification to the court that Ms Held can attend the adjourned conference on 10/5/98 and 10/6/98. (Lundy, Lisa) (Entered: 09/24/1998)

SEALED DOCUMENT placed in vault Letter application dtd 10/6/98 (Lundy, Lisa) Modified on 04/05/1999 (Entered: 10/13/1998)

TRANSCRIPT filed before Mag. Judge Boyle for dates of 10/6/98 (Lundy, Lisa) (Entered: 10/21/1998)

ORDER Based on the failure by Messrs. Holder and Flores to adhere to the briefing scheduled and their failure to request an extension of time to file papers, counsel have waived any right to assert an attorneys' lien over the proceeds of settlement to be paid to the claimant, Susan Shiau. This ruling is without prejudice to counsel bringing an appropriate action in the state court based on any alleged breach of the retainer agreement. ( signed by Magistrate E. T. Boyle ) c/f (Lundy, Lisa) (Entered: 10/21/1998)

ORDER dtd. 10/20/98 dismissing party, Benihana of Tokyo with prejudice ( signed by Judge Thomas C. Platt ) (Branciforte, Ralph) (Entered: 10/22/1998)

Case closed (Branciforte, Ralph) (Entered: 10/22/1998)

Letter MOTION by Jocelyne Kristal request on how to proceed with case , Motion hearing (Lundy, Lisa) (Entered: 03/03/1999)

Endorsed order denying [38-1] motion request on how to proceed with case with leave to renew on notice to all parties. ( Signed by Magistrate E. T. Boyle ) c/f (document not to be filed under seal) (Lundy, Lisa) (Entered: 03/03/1999)

SEALED DOCUMENT placed in vault letter of Jocelyne S. Kristal dtd 3/8/99 (Lundy, Lisa) (Entered: 03/17/1999)