Case: EEOC v. MOTORCYCLE EQUITIES, d/b/a HARLEY DAVID

1:98-cv-08842 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 15, 1998

Closed Date: Jan. 1, 2001

Clearinghouse coding complete

Case Summary

In December 1998, the New York District Office of the EEOC filed this lawsuit against Motorcycle Equities, Inc., doing business as Harley Davidson Cafe, in the U.S. District Court for the Southern District of New York. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. Following some discovery, the parties settled the lawsuit through a consent decree in December 1999. We do not have a copy of the consent decree; therefore, the exact remedies involved are unknown.

Summary Authors

David Friedman (12/14/2007)

Documents in the Clearinghouse

Document

1:98-cv-88842

Docket (PACER)

E.E.O.C. v. Motorcycle Equities

Sept. 12, 2000

Sept. 12, 2000

Docket

Resources

Docket

Last updated March 25, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (No Fees Due - U.S.A.). (em) (Entered: 12/16/1998)

Dec. 15, 1998

Dec. 15, 1998

Magistrate Judge Pitman is so Designated. (em) (Entered: 12/16/1998)

Dec. 15, 1998

Dec. 15, 1998

2

Order referring action to the Clerk to assign the above-entitled action to mediation. Eligible for mediation subject to the limitations and restrictions noted below; all issues are eligible (signed by Judge Richard M. Berman) (lam) (Entered: 02/25/1999)

Feb. 24, 1999

Feb. 24, 1999

3

Case Management Plan: Discovery cutoff 6/25/99; Settlement conference for 9:30 7/16/99 - with full settlement authority; Joint Pretrial order to be submitted on or before 7/30/99; Jury Trial date set for 9:00 11/15/99; Referred to Mediation: Parties to seek to expedite (George O'Malley) ( signed by Judge Richard M. Berman ); Copies mailed. (lam) (Entered: 02/25/1999)

Feb. 24, 1999

Feb. 24, 1999

4

ANSWER to Complaint by Motorcycle Equities (Attorney David Jaroslawicz); jury demand. (kw) (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

5

RULE 1.9 CERTIFICATE filed by Motorcycle Equities. (kw) (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

6

Notice of selection of mediator. (sc) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

7

Filed Memo-Endorsement on letter to Judge Berman from Rose Reyes-McKiernan dated 5/7/99, reset scheduling order deadlines: discovery (fact + expert) cutoff 8/13/99; pretrial order + charges to jury due on 9/10/99; settlement conference on 7/16/99 + pretrial conference by 9/24/99; 11/15/99 trial dates are firm ( signed by Judge M. Berman ) (kw) (Entered: 05/18/1999)

May 14, 1999

May 14, 1999

Pretrial Conference held before Judge Richard M. Berman . (lam) (Entered: 08/03/1999)

July 16, 1999

July 16, 1999

8

Filed Memo-Endorsement on letter addressed to Judge Berman from Rose R. McKiernan, EEOC dated 8/6/99; counsel requests an informal conference with the court purs to Local Civil Rule 37.2 since pltff seeks a protective order prohibiting deft from inquiring into areas of financial support by Mr. Sealy to Ms McDonald from 1995 to the present; discovery disputes should forthwith be taken up by counsel with Magistrate Judge Pitman ( signed Judge Richard M. Berman ); Copies mailed. (lam) (Entered: 08/20/1999)

Aug. 19, 1999

Aug. 19, 1999

10

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/After Initial Case Management Conference held by District Judge (signed by Judge Richard M. Berman ) Referred to Magistrate Judge Henry B. Pitman (lam) (Entered: 08/31/1999)

Aug. 30, 1999

Aug. 30, 1999

11

ORDER, plaintiff shall serve a supplemental response to Interrogatory No. 4 by the close of business on 9/13/99. The supplemental response shall set forth with specificity the precise amount of compensatory and punitive damages that are sought with respect to each claimant and the basis, if any, for the amount sought ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (kw) (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

12

Filed Memo-Endorsement on letter addressed to Judgme Berman from David Jaroslawicz, dated 9/9/99, plaintiff's counsel requests a conference to fix a schedule for summary judgment. No motion(s) need yet be filed ; set settlement conference for 10:00 a.m. on 9/24/99 ( signed by Judge Richard M. Berman ); Copies mailed. (kw) Modified on 09/14/1999 (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

13

ORDER, reset pre-trial order due for 9/17/99 ; pltff is directed to provide a draft of its portion of the Pretrial Order to counsel for deft by 5:00pm on 9/13/99 ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed by Chambers. (lam) Modified on 09/14/1999 (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

14

Filed Memo-Endorsement on letter addressed to Judge Berman from Rose Reyes McKiernan, atty for pltff, dated 9/8/99; granting counsel's request for an extension; reset pre-trial order due for 9/24/99 ; counsel to confer with Court Deputy re: conference date after 10/15/99 ( signed by Judge Richard M. Berman ); Copies mailed. (lam) (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

15

Objections by Motorcycle Equities to Magistrate Judge Pitman's oral ruling of 9/21/99. (kw) (Entered: 10/06/1999)

Oct. 5, 1999

Oct. 5, 1999

Pretrial Conference held before Judge Richard M. Berman (lam) (Entered: 11/01/1999)

Oct. 5, 1999

Oct. 5, 1999

16

Memo-Endorsement on letter addressed to Magistrate Judge Pitman from David Jaroslawicz, atty for deft, dated 9/29/99; treating the letter as a motion for sanctions or to compel, the motion is denied ; interrogator., 4 has been answered adequately ( signed by Judge Richard M. Berman ); Copies mailed. (lam) (Entered: 10/18/1999)

Oct. 14, 1999

Oct. 14, 1999

17

Letter filed by E.E.O.C. addressed to Magistrate Judge Pitman from Rose Reyes McKiernan, dated 9/30/99, re: in response to deft's letter to the Court dated 9/29/99. (lam) (Entered: 10/18/1999)

Oct. 14, 1999

Oct. 14, 1999

18

CONSENT DECREE, this Decree resolves all issues raised in EEOC's Complaint filed herein, the draft pre-trial order and EEOC Charge # 160960770 up to the date of the entry of this Decree; deft, its managers, officers, agents, successors and assigns agree not to discriminate against any individual because of the individual's race or sex, engage in sexual harassment toward any employee, or retaliate against any individual asserting his rights under Title VII ; in settlement of this dispute, Mororcycle Equities shall pay a total of $175,000 ; the EEOC and deft agree to bear their own attorney fees and costs in connection with this case ; this Decree will remain in effect until January 1, 2001 ( signed by Judge Richard M. Berman ) (lam) Modified on 01/05/2000 (Entered: 01/03/2000)

Dec. 29, 1999

Dec. 29, 1999

Case closed. (lam) (Entered: 01/03/2000)

Dec. 29, 1999

Dec. 29, 1999

19

CONSENT DECREE, this Decree resolves all issues raised in EEOC's Complaint filed herein, the draft pre-trial order and EEOC Charge # 160960770 up to the date of the entry of this Decree ; deft, its managers, officers, agents, successors and assigns agree not to discriminate against any individual because of the individual's race or sex, engage in sexual harrassment toward any employee, or retaliate against any individual asserting his rights under Title VII; in settlement of this dispute, Motorcycle Equities shall pay a total of $175,000 ; the EEOC and deft agree to bear their own atty fees and costs in connection with this case ; this Decree will remain in effect until January 1, 2001 ( signed by Judge Richard M. Berman ) (lam) (Entered: 01/07/2000)

Jan. 3, 2000

Jan. 3, 2000

20

Report of the Clerk of Court regarding court-ordered mediation: Paragraph 4 or 5 and unresolved issues should be treated as if they had not been sent to mediation. (Signed by George O'Malley, Counsel for the Clerk of Court) (sc) (Entered: 09/12/2000)

Sept. 12, 2000

Sept. 12, 2000

21

Report of Mediator to the Clerk that the court-ordered mediation in this case was held and produced a stipulation settling less than all of the issues of the case. The unresolved issues should be treated as if they had not been sent to mediation. (sc) (Entered: 09/12/2000)

Sept. 12, 2000

Sept. 12, 2000

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 15, 1998

Closing Date: Jan. 1, 2001

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

Motorcycle Equities, Inc., Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 175000

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits