University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cerda v. Restaurant Associates EE-NY-0247
Docket / Court 1:04-cv-03394 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Case Summary
On August 9, 2004, plaintiff filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, on behalf of all Hispanic and/or non-white refreshment concession personnel who were hired, employed or offered employment by the defendants, Restaurant Associates ... read more >
On August 9, 2004, plaintiff filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, on behalf of all Hispanic and/or non-white refreshment concession personnel who were hired, employed or offered employment by the defendants, Restaurant Associates and RA Tennis Corp. The plaintiff sued the defendants, two New York corporations, under Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Represented by a private attorney, the plaintiff asked the court for damages and injunctive relief. The plaintiffs alleged that the defendants engaged in unlawful employment discrimination on the basis of national origin and race respecting the assignment of positions and locations to food vendors employed at the U.S. Open Tennis Tournament. Specifically, that the defendants were deliberately and overwhelmingly assigning beer wagons to non-Hispanic white people over other demographics.

Extensive settlement negotiations, supervised by the Court, did not result in a settlement. In December of 2005 plaintiff sought class certification, but before full briefing took place, settlement negotiations resumed and this time were successful. A class-wide settlement established a $90,000 settlement fund to be divided pro rata among non-white employees and employees of non-U.S. national origin who file claims, along with counsel fees of $50,000 and an incentive award to the named plaintiff of $7,500. Plaintiffs' counsel estimated that most class members suffered an individual wage loss of about $400.

After notice to the class and briefing, on July 28, 2006, U.S. District Court Judge Robert M. Levy issued a final approval order of the proposed settlement of this action. In the agreement of settlement, Restaurant Associates was to make payment of $90,000 to be distributed equally among the claimants within 30 days after the entry by the Court of the final order of approval. The named plaintiff in the case was to receive $7,500 dollars. This case is closed.

Saeeda Joseph-Charles - 11/13/2016


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Issues and Causes of Action
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Issues
Discrimination-area
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Treatment
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Asian/Pacific Islander
Black
Causes of Action State Anti-Discrimination Law
Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) RA Tennis Corp.
Restaurant Associates
Plaintiff Description All Hispanic and non-white employees of defendants who worked at the U.S. Open Tennis Tournament in 2003.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2006 - 2006
Filing Year 2004
Case Closing Year 2006
Case Ongoing No
Docket(s)
1:04CV03394 (E.D.N.Y.)
EE-NY-0247-9000.pdf | Detail
Date: 07/28/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-NY-0247-0001.pdf | Detail
Date: 08/09/2004
Source: PACER [Public Access to Court Electronic Records]
Agreement of Settlement [ECF# 16]
EE-NY-0247-0004.pdf | Detail
Date: 03/23/2006
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Settlement Agreement [ECF# 19]
EE-NY-0247-0002.pdf | Detail
Date: 07/20/2006
Source: PACER [Public Access to Court Electronic Records]
Final Approval Order [ECF# 21] (E.D.N.Y.)
EE-NY-0247-0003.pdf | Detail
Date: 07/28/2006
Source: PACER [Public Access to Court Electronic Records]
Judges Irizarry, Dora L. (E.D.N.Y.)
EE-NY-0247-9000
Levy, Robert M. (E.D.N.Y.)
EE-NY-0247-0003 | EE-NY-0247-9000
Plaintiff's Lawyers Bernstein, Roger J. (New York)
EE-NY-0247-0002 | EE-NY-0247-0004 | EE-NY-0247-9000
Gaer, Eugene A. (New York)
EE-NY-0247-0001 | EE-NY-0247-0002 | EE-NY-0247-0004 | EE-NY-0247-9000
Defendant's Lawyers DiMattia, Michael J. (New York)
EE-NY-0247-9000
Harmon, Jonathan P. (Virginia)
EE-NY-0247-0004 | EE-NY-0247-9000
Shetty, Neera Mahajan (Florida)
EE-NY-0247-9000
Sutton, Richard David (New York)
EE-NY-0247-9000

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