Case: EEOC v. NEWMARK & COMPANY REAL ESTATE, INC., & KALABI REAL

1:96-cv-09091 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 2, 1996

Closed Date: Jan. 8, 1998

Clearinghouse coding complete

Case Summary

In December 1996, the New York office of the EEOC brought this Title VII suit against Newmark & Company Real Estate, Inc. and Kalabi Realty Company in the U.S. District Court for the Southern District of New York. The complaint alleged that the defendant discriminated against the claimants by subjecting them to harassment, denying them equal terms and conditions of employment and discharging them in retaliation of their complaints of race and national origin discrimination (black and Hispanic). After the court denied the defendant's 12(b)(1) motion to dismiss, the case settled by entry of a consent decree in January 1998. The consent decree required the defendant to pay $40,000 to the claimants. No other information was made available pertaining to the consent decree.

Summary Authors

Kevin Wilemon (7/18/2007)

Documents in the Clearinghouse

Document

1:96-cv-09091

Docket [PACER]

EEOC v. Newmark & Company, et al

Jan. 8, 1998

Jan. 8, 1998

Docket
1

1:96-cv-09091

Complaint

EEOC v. Newmark & Company Real Estate, Inc., and Kalabi Realty Company

Dec. 2, 1996

Dec. 2, 1996

Complaint
12

1:96-cv-09091

Memorandum and Order

EEOC v. Newmark & Company Real Estate, Inc., and Kalabi Realty Company

June 13, 1997

June 13, 1997

Order/Opinion

1997 WL 1997

Resources

Docket

Last updated March 29, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); USA (ricm) (Entered: 12/03/1996)

Dec. 2, 1996

Dec. 2, 1996

Magistrate Judge Eaton is so Designated. (ricm) (Entered: 12/03/1996)

Dec. 2, 1996

Dec. 2, 1996

2

STIPULATION, extending time for the defts to respond to the complaint is extended to 2/11/97 , reset answer due for 2/11/97 for Kalabi Realty Co., for Newmark & Company ( signed by Judge Lawrence M. McKenna ). (kg) (Entered: 02/07/1997)

Feb. 7, 1997

Feb. 7, 1997

4

Rule 9 certificate filed by Newmark & Company, Kalabi Realty Company (ls) Modified on 02/20/1997 (Entered: 02/20/1997)

Feb. 9, 1997

Feb. 9, 1997

3

ANSWER to Complaint by Newmark & Company (Attorney Frances Mary Maloney), ; Firm of: Epstein Becker & Green, P.C. by attorney Frances Mary Maloney for defendant Newmark & Company (ls) (Entered: 02/20/1997)

Feb. 19, 1997

Feb. 19, 1997

5

NOTICE OF MOTION by Kalabi Realty Co. for an order dismissing pltff's complt. against it purs. to Rule 12(b)(1) ofthe F.R.C.P. , Return date 3/14/97 (ls) (Entered: 02/20/1997)

Feb. 19, 1997

Feb. 19, 1997

5

AFFIDAVIT in support of Frances M. Maloney, Esq. by Kalabi Realty Co. Re: [5-1] motion for an order dismissing pltff's complt. against it purs. to Rule 12(b)(1) ofthe F.R.C.P. (ls) (Entered: 02/20/1997)

Feb. 19, 1997

Feb. 19, 1997

6

MEMORANDUM by Kalabi Realty Co. in support of [5-1] motion for an order dismissing pltff's complt. against it purs. to Rule 12(b)(1) ofthe F.R.C.P. (ls) (Entered: 02/20/1997)

Feb. 19, 1997

Feb. 19, 1997

7

STIPULATION, extending time for defts to respond to the Complaint is extended to 2/14/97 , reset answer due for 2/14/97 for Kalabi Realty Co., for Newmark & Company ( signed by Judge Lawrence M. McKenna ). (kg) (Entered: 02/20/1997)

Feb. 20, 1997

Feb. 20, 1997

8

MEMORANDUM OF LAW by EEOC in opposition to [5-1] motion for an order dismissing pltff's complt. against it purs. to Rule 12(b)(1) ofthe F.R.C.P. (kg) (Entered: 04/08/1997)

April 7, 1997

April 7, 1997

9

AFFIDAVIT in support of Roy A. Lindsay by EEOC Re: [8-1] opposition memorandum (kg) (Entered: 04/08/1997)

April 7, 1997

April 7, 1997

10

AFFIDAVIT in opposition of Nancy Boyd by EEOC Re: [8-1] opposition memorandum (kg) (Entered: 04/08/1997)

April 7, 1997

April 7, 1997

11

AFFIDAVIT in support of Carlos Rodriguez by EEOC Re: [8-1] opposition memorandum (kg) (Entered: 04/08/1997)

April 7, 1997

April 7, 1997

12

MEMORANDUM and ORDER denying [5-1] motion for an order dismissing pltff's complt. against it purs. to Rule 12(b)(1) ofthe F.R.C.P. ( signed by Judge Lawrence M. McKenna ); Copies mailed (kw) (Entered: 06/16/1997)

June 13, 1997

June 13, 1997

13

ANSWER to Complaint by Kalabi Realty Co. (Attorney Frances Mary Maloney) (sac) (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

14

Rule 9 certificate filed by Kalabi Realty Co. (sac) (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

15

STIPULATION and ORDER, extending time for defendant Kalabi Realty Co. to answer the Complaint , reset answer due for 6/30/97 for Kalabi Realty Co. ( signed by Judge Lawrence M. McKenna ). (ae) (Entered: 07/03/1997)

July 2, 1997

July 2, 1997

16

Case Management Plan and Scheduling Order: Initial document production to be completed by 9/19/97, including responses to deft Kalabi's First Request for Production of Documents, and responses to Pltff's 1st Request for Production of Documents to deft Kalabi; Party depositions to be completed by 11/30/97; 3rd party depositions to be completed by 11/30/97; Parties and counsel to meet to discuss settlement by 11/30/97; Experts' reports to be served by 12/31/97; Experts' depositions to be completed by 2/27/98; Discovery cutoff 2/27/98; The following depositions will be taken by the defts - deposition of Hazel Stewart on 9/23/97 at 10:00 a.m., deposition of Roy Lindsay on 9/29/97 at 10:00 a.m., deposition of Carlos Rodriguez on 9/30/97 at 10:00 a.m.; The following depositions will be taken by the pltff - deposition of deft Kalabi's Rule 30(b)(6) representative on 10/7/97 at 10:00 a.m., deposition of Benny Caiola on 10/9/97 at 10:00 a.m., deposition of Abi Kalimian on 10/13/97 ( signed by Judge Lawrence M. McKenna ); Copies mailed. (emil) (Entered: 08/18/1997)

Aug. 15, 1997

Aug. 15, 1997

17

Notice of reasgmnt _ to Judge Barbara S. Jones Copy of notice and judge's rules mailed to Attorney(s) of record: Frances Mary Maloney, Dale H. Jurgens . (dg) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

18

CONSENT DECREE, the EEOC and the Defendants desire to settle this action, and therefore, do hereby stipulate and consent to the entry of this Decree as final and binding between the parties signatory hereto and their successors or assigns. This Decree resolves all matters related to Case No. 96 civ. 9091 filed in the USDC for the SDNY. This Decree also resolves the alleged breach of Negotiated Settlement Agreement arrived at in Charge No. 160-95-0890 filed with the EEOC. This Decree also resolves Charges No. 160-95-2426 and 160-95-2669 filed with the EEOC. The parties have agreed that this Decree may be entered without Findings of Fact and Conclusions of Law having been made and entered by the Court. This Consent Decree shall become effective upon the date it is signed by the Court, and such date shall be referred to as the Effective Date ; the defendants shall pay a total of $30,000.00 to Roy Lindsay and a total of $10,000 to Carlos Rodriguez in full settlement of any and all claims for back pay, interest, compensatory and punitive damages, and attorneys' fees, costs and disbursements on behalf of Roy Lindsay and Carlos Rodriguez ( signed by Judge Lawrence M. McKenna ); (kw) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

Case closed (kw) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

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: Dec. 2, 1996

Closing Date: Jan. 8, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kalabi Realty Company (New York), Private Entity/Person

Newmark & Company Real Estate, Inc. (New York), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 40000

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

National Origin/Ethnicity:

Indian