Case: EEOC v. HEATHER'S HOSPITALITIES, INC.

7:04-cv-06198 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 11, 2004

Closed Date: 2012

Clearinghouse coding complete

Case Summary

The New York District Office of the EEOC brought this action in the U.S. District Court for the Southern District of New York, against Heather's Hospitalities, Inc d/b/a Heather's Open Cucina and Lushane's Restaurants. The complaint, filed in August 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant maintained a hostile work environment and constructively discharged the charging party because of her sex, female. The charging p…

The New York District Office of the EEOC brought this action in the U.S. District Court for the Southern District of New York, against Heather's Hospitalities, Inc d/b/a Heather's Open Cucina and Lushane's Restaurants. The complaint, filed in August 2004, alleged sex discrimination in violation of Title VII of the Civil Rights Act of 1964; specifically that Defendant maintained a hostile work environment and constructively discharged the charging party because of her sex, female. The charging party intervened in March 2005 and in June 2007 the parties entered into a consent decree.

The decree, valid for five years, required Defendant to pay the charging party $50,000 ($30,000 in compensatory damages, $3,046.02 in back pay and $16,953.98 for attorney's fees and costs). Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to implement an anti-discrimination policy, post a notice of non-discrimination, provide Title VII training to its employees and report any complaints of sex discrimination to the EEOC. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2012.

Summary Authors

Shankar Viswanathan (7/26/2007)

Clearinghouse (6/11/2017)

Documents in the Clearinghouse

Document

7:04-cv-06198

Docket (PACER)

EEOC v. Heather's Hospitalities, Inc.

June 19, 2007

June 19, 2007

Docket
1

7:04-cv-06198

Complaint

EEOC v. Heather's Hospitalities, Inc. d/b/a Heather's Open Cucina and Lushane's Restaurants

Aug. 11, 2004

Aug. 11, 2004

Complaint
42

7:04-cv-06198

Consent Decree

EEOC v. Heather's Hospitalities, Inc. d/b/a Heather's Open Cucina and Lushane's Restaurants

June 19, 2007

June 19, 2007

Settlement Agreement

Resources

Docket

Last updated March 24, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Heather's Hospitalities, Inc. Document filed by Equal Employment Opportunity Commission.(mov, ) (Entered: 08/16/2004)

Aug. 11, 2004

Aug. 11, 2004

Clearinghouse

Magistrate Judge Lisa M. Smith is so designated. (mov, ) (Entered: 08/16/2004)

Aug. 11, 2004

Aug. 11, 2004

Case Designated ECF. (mov, ) (Entered: 08/16/2004)

Aug. 11, 2004

Aug. 11, 2004

2

NOTICE of Appearance by Susanne Kantor on behalf of Heather's Hospitalities, Inc (Kantor, Susanne) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

3

RULE 7.1 DISCLOSURE STATEMENT. Document filed by Heather's Hospitalities, Inc.(Kantor, Susanne) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

4

FIRST MOTION for More Definite Statement. Document filed by Heather's Hospitalities, Inc. Responses due by 10/28/2004 Return Date set for 11/12/2004 11:00 AM. (Kantor, Susanne) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

5

AFFIRMATION of Susanne Kantor in Support re: 4 FIRST MOTION for More Definite Statement.. Document filed by Heather's Hospitalities, Inc. (Attachments: # 1 Exhibit A to Affirmation of Susanne Kantor in Support of Motion for More Definite Statement)(Kantor, Susanne) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

6

MEMORANDUM OF LAW in Support re: 4 FIRST MOTION for More Definite Statement.. Document filed by Heather's Hospitalities, Inc. (Kantor, Susanne) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

7

FIRST MEMORANDUM OF LAW in Opposition re: 4 FIRST MOTION for More Definite Statement.. Document filed by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

8

AFFIRMATION of Monique J. Roberts in Opposition re: 4 FIRST MOTION for More Definite Statement.. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit A# 3 # 4 # 5 # 6 # 7 # 8)(Roberts, Monique) (Entered: 10/26/2004)

Oct. 26, 2004

Oct. 26, 2004

9

ENDORSED LETTER addressed to Judge robinson from Michael R. Scolnick dated 10/18/2004 re:..permission to peper file a motion in the above matter....to be able to file eletronically as per the rules of the Court within a matter of weeks....ENDORSMENT: So Ordered (Signed by Judge Stephen C. Robinson on 10/26/2004) (mov, ) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

10

MOTION to Intervene. Document filed by Rebeccah Desselle. (Attachments:, # 1 Exhibits to Moiton)(pf, ) (Entered: 10/29/2004)

Oct. 27, 2004

Oct. 27, 2004

11

MEMORANDUM OF LAW in Support re: 10 MOTION to Intervene.. Document filed by Rebeccah Desselle. (pf, ) (Entered: 10/29/2004)

Oct. 27, 2004

Oct. 27, 2004

12

REPLY MEMORANDUM OF LAW in Support re: 4 FIRST MOTION for More Definite Statement.. Document filed by Heather's Hospitalities, Inc. (Kantor, Susanne) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

14

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Susanne Kantor dated 11/5/04 re: Request for an extension of time to serve reply papers. Endorsement: So Ordered.. (Signed by Judge Stephen C. Robinson on 11/15/04 (nunc pro tunc 10/08/04)) (fk, ) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

15

ENDORSED LETTER addressed to Mr. Skolnik from Michael R. Scolnick dated 12/17/04 re: Request for the Court's permission to adjourn the upcoming conference scheduled for January 7, 2005. ENDORSED: New Conference is scheduled for April 1, 2005. SO ORDERED: (Signed by Judge Stephen C. Robinson on 01/05/05) Clerk's Office Mailed Copies..(dcr, ) (Entered: 01/07/2005)

Jan. 6, 2005

Jan. 6, 2005

16

MOTION to Intervene Inquiry as to status of motion. Request for decision. . Document filed by Rebeccah Desselle. (Scolnick, Michael) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

17

ORDER granting 10 Motion to Intervene . The caption of the case shall be amended to reflect this order. (Signed by Judge Stephen C. Robinson on 3/30/05) (ae, ) (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

18

MEMORANDUM DECISION & ORDER re: 4 FIRST MOTION for More Definite Statement. filed by Heather's Hospitalities, Inc,, Motions terminated: 4 FIRST MOTION for More Definite Statement. filed by Heather's Hospitalities, Inc,.... Dft's FRCP 12(e) motion is denied. ThePlntff EEOC is granted leave to amend its complaint. The Amended Complaint must be filed on or by 4/29/05. So Ordered: (Signed by Judge Stephen C. Robinson on 3/31/05) Copies sent by Clerk's Office.(pf, ) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 4/1/2005. Scheduling order entered. Next PTC set for 10/14/05 at 10:00 am. Submitted by: Brandon Skolnik, Courtroom Deputy (Court Reporter Albi Gorn) (ll, ) (Entered: 04/06/2005)

April 1, 2005

April 1, 2005

19

CASE MANAGEMENT PLAN: Answer and Rule 26 Initial Disclosure due 4/29/05; Amended Pleadings due by 5/27/2005. Joinder of Parties due by 5/27/2005. Discovery due by 10/28/2005. Case Management Conference set for 10/14/2005 10:00 AM before Stephen C. Robinson. (Signed by Judge Stephen C. Robinson on 4/1/05) (ae, ) (Entered: 04/04/2005)

April 4, 2005

April 4, 2005

20

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Susanne Kantor dated 4/28/05 re: Defendants requests a one week extension for the parties' to serve their initial disclosures and for the aforementioned Defendants to serve their Answers to the Complaints in this action, from 4/29/05 to and including 5/6/05. (Signed by Judge Stephen C. Robinson on 4/28/05) (ae, ) (Entered: 05/02/2005)

April 28, 2005

April 28, 2005

21

ANSWER to Complaint. Document filed by Heather's Hospitalities, Inc.(Kantor, Susanne) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

22

ENDORSED LETTER addressed to Brandon Skolnik from Michael R. Scolnick dated 5/6/05 re: requests a one week adjournment of the Rule 26 Disclosure.......ENDORSED, SO ORDERED.. (Signed by Judge Stephen C. Robinson on 5/9/05) "The Clerk's Office Has Mailed Copies".(jma, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

23

RULE 26 DISCLOSURE.Document filed by Rebeccah Desselle.(Scolnick, Michael) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

24

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Michael R. Scolnick dated 5/27/05 re: Granting Plaintiff-Intervenor's request that the Scheduling Order be adjourned as set forth in this Endorsed Letter. Amended Pleadings due by 6/10/2005. Answer to Interrogatories due by 7/10/2005. Discovery due by 11/11/2005. Interrogatories due by 6/10/2005. Joinder of Parties due by 6/10/2005. Request for Production of Documents due by 6/10/2005. Case Management Conference set for 10/28/2005 09:00 AM before Stephen C. Robinson. (Signed by Judge Stephen C. Robinson on 5/31/05) (ae, ) (Entered: 06/01/2005)

May 31, 2005

May 31, 2005

25

INTERVENOR COMPLAINT against Heather's Hospitalities, Inc..Document filed by Rebeccah Desselle.(jma, ) (Entered: 06/09/2005)

June 7, 2005

June 7, 2005

26

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Susanne Kantor dated 8/16/05 re:....request an extension of the internal discovery deadline for the completion of depositions from 8/31/05 to 10/28/05...ENDORSEMENT: So Ordered:. (Signed by Judge Stephen C. Robinson on 8/22/05) Copies sent by Clerk's Office.(pf, ) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 11/3/2005. Settlement conference set for 12/13/05 at 2:00 p.m.. Parties to submit settlement conference letters by. See transcript. (Court Reporter Sue Ghorayeb) (pf, ) (Entered: 11/04/2005)

Nov. 3, 2005

Nov. 3, 2005

Minute Entry for proceedings held before Judge Stephen C. Robinson : Settlement Conference held on 12/15/2005; plaintiff intervenar to produce interrogatories request by 01/13/2006; amended scheduling order entered; plaintiff intervenor to serve defendant intervenor by 12/23/05; no court reporter; submitted by Brandon Skolnik. (jma, ) (Entered: 12/16/2005)

Dec. 15, 2005

Dec. 15, 2005

27

CERTIFICATE OF SERVICE of Summons and Intervenor Complaint. Patrick Kelly served on 12/20/2005, answer due 1/9/2006. Service was accepted by Patrick Kelly. Document filed by Rebeccah Desselle. (Scolnick, Michael) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

28

AFFIDAVIT OF SERVICE of Summons and Intervenor Complaint. Service was accepted by Patrick Kelly. Document filed by Rebeccah Desselle. (Scolnick, Michael) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

30

AMENDED CASE MANAGEMENT PLAN: Depositions to be completed by 4/28/06; Discovery due by 6/16/2006. (Signed by Judge Stephen C. Robinson on 1/20/06) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 01/24/2006)

Jan. 20, 2006

Jan. 20, 2006

31

MOTION for Susanne Kantor, Joseph A. Saccomano, Jr., Jackson Lewis LLP to Withdraw as Attorney. Document filed by Heather's Hospitalities, Inc, Heather's Hospitalities, Inc., OPUS 15, INC., OPUS ACQUISITION, INC., Henry Hovorka. (Kantor, Susanne) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

32

AFFIRMATION of Susanne Kantor in Support re: 31 MOTION for Susanne Kantor, Joseph A. Saccomano, Jr., Jackson Lewis LLP to Withdraw as Attorney.. Document filed by Heather's Hospitalities, Inc, Heather's Hospitalities, Inc., OPUS 15, INC., OPUS ACQUISITION, INC., Henry Hovorka. (Kantor, Susanne) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

33

RESPONSE to Motion re: 31 MOTION for Susanne Kantor, Joseph A. Saccomano, Jr., Jackson Lewis LLP to Withdraw as Attorney. Response in Partial Opposition to Defendant's Motion to Withdraw as Counsel pursuant to Local Rule 1.4 . Document filed by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

Minute Entry for proceedings held before Judge Stephen C. Robinson : Ex Parte held on 3/31/2006. Judge's Decision: Dft's & Dft's counsel present. Court grants defense counsel to withdraw as counsel. Next PTC set for 5/26/2006 at 11:00 a.m. See transcript. (Submitted by Brandon Skolnik). (Court Reporter Albi Gorn) (mde, ) (Entered: 04/05/2006)

March 31, 2006

March 31, 2006

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 7/5/2006. Deft's. to have any atty's. by Aug. 7, 2006. Next PTC set for 9/1/06 at 11am. (Court Reporter Mary Staten) (jma, ) (Entered: 07/06/2006)

July 5, 2006

July 5, 2006

Minute Entry for proceedings held before Judge Stephen C. Robinson : Interim Pretrial Conference held on 10/6/2006. Dft has until 10/27/2006 to have an attorney file an appearance if not, the Pla. may file motion by 10/27/2006, responses due 11/10/2006, replies due 11/17/2006. See transcript. (Submitted by Brandon Skolnik). (Court Reporter Sue Ghorayeb) (mde, ) . (Entered: 10/12/2006)

Oct. 6, 2006

Oct. 6, 2006

34

NOTICE OF APPEARANCE by Kevin Brian Faga on behalf of Heather's Hospitalities, Inc (Faga, Kevin) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

35

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 Lisa Margaret Smith. (Signed by Judge Stephen C. Robinson on 12/20/06) (fk, ) (Entered: 12/21/2006)

Dec. 20, 2006

Dec. 20, 2006

36

LETTER MOTION discharging and releasing as the corporation's attorney. Document filed by Heather's Hospitalities, Inc.Motions referred to Lisa Margaret Smith.(mde) (Entered: 01/16/2007)

Jan. 12, 2007

Jan. 12, 2007

Minute Entry for proceedings held before Judge Lisa Margaret Smith : Interim Pretrial Conference held on 01/16/07. Adjourned Date: 03/01/07 at 2:00 pm. Submitted By: James Galvin, Courtroom Deputy (dcr) (Entered: 02/21/2007)

Jan. 16, 2007

Jan. 16, 2007

Minute Entry for proceedings held before Judge Lisa Margaret Smith : Pretrial Conference held on 1/30/2007. Oral Motion made by Joseph J. Savino Pro Hac Vice. Application granted, fee due. Adjourned to 2/16/2007 at 2:00 p.m.(Submitted by David Cruz). (Tape #1) (mde) (Entered: 01/31/2007)

Jan. 30, 2007

Jan. 30, 2007

37

ORDER...to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case managment plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes.....see doc. for more details. (Signed by Judge Lisa Margaret Smith on 01/30/2007) Copies Hand By Chambers.(jma) Additional attachment(s) added on 2/2/2007 (Keegan, Fiona). (Entered: 01/31/2007)

Jan. 30, 2007

Jan. 30, 2007

38

TRANSCRIPT REQUEST Minutes previously requested are e-filed hereby for distribution to all parties and the Court, i.e., Magistrate Judge Smith for proceedings held on 04/01/05 before Judge Hon. Stephen C. Robinson. Document filed by Rebeccah Desselle.(Scolnick, Michael) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

39

TRANSCRIPT of proceedings held on 4/1/2005 at 10:00 a.m. before Judge Stephen C. Robinson. (aba) (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

Minute Entry for proceedings held before Judge Lisa Margaret Smith : Interim Pretrial Conference held on 3/1/2007. Adjourned Date: 04/10/07 at 10:00 am (IP). Submitted By: James Galvin, Courtroom Deputy. (dcr) (Entered: 03/05/2007)

March 1, 2007

March 1, 2007

40

SCHEDULING ORDER:Conference re-scheduled for 4/20/2007 09:15 AM before Magistrate Judge Lisa Margaret Smith. (Signed by Judge Lisa Margaret Smith on 4/3/07) (fk) (Entered: 04/04/2007)

April 3, 2007

April 3, 2007

41

ORDER Robinson, J. The court having been advised that all claims asserted in the above entitled action having been settled, Ordered, that the above entitled action be and hereby is discontinued, without costs to any party, subject to repoening should the settlement not be concluded within thirty (30) days of the date hereof. So Ordered. (Signed by Judge Stephen C. Robinson on 5/8/2007) (cg) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

42

CONSENT DECREE...Case Closed. So Ordered (Signed by Judge Stephen C. Robinson on 6/14/07) (fk) (Entered: 06/21/2007)

June 19, 2007

June 19, 2007

Clearinghouse

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: Aug. 11, 2004

Closing Date: 2012

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

Patrick Kelly, Private Entity/Person

Henry Hovorka (Jackson Lewis LLP), Private Entity/Person

OPUS 15, Inc., Private Entity/Person

Heather's Hospitalities, Inc. (Nyack), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50000

Order Duration: 2007 - 2012

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits