Case Details

CourtNorthern District of New York
Docket number1:09-cv-01320
Date case filed2009-11-25
Date case closed2011-05-27
Date of latest filing
Assigned toSenior Judge Thomas J. McAvoy
Case cause42:2000e Job Discrimination (Employment)
Nature of suit442 Civil Rights: Jobs
Jury demandPlaintiff
Demand
JurisdictionU.S. Government Plaintiff

Case Parties

Party: Equal Employment Opportunity Commission
Party type: Plaintiff
Attorney name: Adela P. Santos
Attorney Contact:
Equal Employment Opportunity Commission - NY
33 Whitehall Street
5th Floor
New York, NY 10004
212-336-3695
Fax: 212-336-3623
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Elizabeth Grossman
Attorney Contact:
Equal Employment Opportunity Commission - NY
33 Whitehall Street
5th Floor
New York, NY 10004
212-336-3696
Fax: 212-336-3623
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: H.S.
Party type: Consol Plaintiff
Attorney name: Elena DeFio Kean
Attorney Contact:
Towne, Ryan Law Firm - Albany Office
450 New Karner Road
P.O. Box 15072
Albany, NY 12205
518-452-1800
Fax: 518-452-6435
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: H.S.
Party type: Intervenor Plaintiff
Attorney name: Elena DeFio Kean
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Susan F. Bartkowski
Attorney Contact:
Towne, Ryan Law Firm - Albany Office
450 New Karner Road
P.O. Box 15072
Albany, NY 12205
518-452-1800
Fax: 518-452-6435
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: College View Donuts LLC
Party type: Defendant
doing business asDunkin' Donuts
Attorney name: Robert A. Lippman
Attorney Contact:
Lemery, Greisler Law Firm - Saratoga Springs Office
10 Railroad Place
Saratoga Springs, NY 12866
518-581-8800
Fax: 518-581-8823
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ivo Garcia
Party type: Consol Defendant
Attorney name: Robert A. Lippman
Attorney Contact:
Lemery, Greisler Law Firm - Saratoga Springs Office
60 Railroad Place
Suite 502
Saratoga Springs, NY 12866
518-581-8800
Fax: 518-581-8823
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Paul Chiarello
Party type: Consol Defendant
Attorney name: E. David Duncan
Attorney Contact:
Office of E. David Duncan
112 State Street
Suite 1200
Albany, NY 12207
518-463-2196
Fax: 518-432-4847
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Ivo Garcia
Party type: Intervenor Defendant
Attorney name: Robert A. Lippman
Attorney Contact:
(See above for address)
LEAD ATTORNEY
Party: Paul Chiarello
Party type: Intervenor Defendant
Attorney name: E. David Duncan
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-11-25 COMPLAINT with Jury Demand against College View Donuts LLC filed by Equal Employment Opportunity Commission. (Filing Fee Waived) (Attachments: # 1 Civil Cover Sheet)(ban) (Entered: 11/25/2009)
1.2 Civil Cover Sheet
22009-11-25 Summons Issued as to College View Donuts LLC. (ban) (Entered: 11/25/2009)
32009-11-25 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/22/2010 09:00 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 4/12/2010. (ban) (Entered: 11/25/2009)
42009-12-16 ANSWER to Complaint by College View Donuts LLC.(Lippman, Robert) (Entered: 12/16/2009)
52010-01-05 Amended ANSWER to Complaint by College View Donuts LLC.(Lippman, Robert) (Entered: 01/05/2010)
62010-02-05 MOTION to Intervene Motion Hearing set for 3/8/2010 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 2/19/2010 filed by Intervenor Pltf H.S.. (Attachments: # 1 Affirmation, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Memorandum of Law) Motions referred to Randolph F. Treece. (Bartkowski, Susan) (Entered: 02/05/2010)
72010-02-19 RESPONSE in Opposition re 6 MOTION to Intervene Memorandum of Law in Opposition filed by College View Donuts LLC. (Attachments: # 1 Supplement EEOC v. National Cleaning Contractors, Inc. 1991 WL 161364 (S.D.N.Y.))(Lippman, Robert) (Entered: 02/19/2010)
82010-02-25 REPLY to Response to Motion re 6 MOTION to Intervene filed by H.S.. (Attachments: # 1 Memorandum of Law)(Bartkowski, Susan) (Entered: 02/25/2010)
92010-02-25 REPLY to Response to Motion re 6 MOTION to Intervene filed by H.S.. (Bartkowski, Susan) (Entered: 02/25/2010)
102010-02-25 REPLY to Response to Motion re 6 MOTION to Intervene filed by H.S.. (Bartkowski, Susan) (Entered: 02/25/2010)
112010-02-25 REPLY to Response to Motion re 6 MOTION to Intervene filed by H.S.. (Bartkowski, Susan) (Entered: 02/25/2010)
122010-02-25 REPLY to Response to Motion re 6 MOTION to Intervene filed by H.S.. (Bartkowski, Susan) (Entered: 02/25/2010)
132010-02-26 NOTICE by H.S. re 8 Reply to Response to Motion Casper Case Part I (Bartkowski, Susan) (Entered: 02/26/2010)
142010-02-26 NOTICE by H.S. Casper II (Bartkowski, Susan) (Entered: 02/26/2010)
152010-02-26 CERTIFICATE OF SERVICE by H.S. re 6 MOTION to Intervene (Attachments: # 1 Supplement Cert. Svc by Mail)(Bartkowski, Susan) (Entered: 02/26/2010)
162010-02-26 AFFIDAVIT of Service for Notice of Motion served on Chairello, Garcia on 2/8/10, filed by H.S.. (Bartkowski, Susan) (Entered: 02/26/2010)
172010-02-26 CERTIFICATE OF SERVICE by H.S. re 8 Reply to Response to Motion (Attachments: # 1 Supplement Cert. Service, # 2 Supplement Cert Svce by Mail)(Bartkowski, Susan) (Entered: 02/26/2010)
182010-03-08 Minute Entry: MOTION CALENDAR held 3/08/2010 bef Sr. Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/JC; CRD/mp. INTEVENOR Pltf H.S. 6 MOTION to Intervene - TAKEN ON SUBMIT. (cml) (Entered: 03/09/2010)
192010-03-12 NOTICE of Appearance by E. David Duncan on behalf of Paul Chiarello (Duncan, E.) (Main Document 19 replaced on 3/12/2010) (cml) (Entered: 03/12/2010)
202010-03-12 AFFIDAVIT in Opposition re 6 MOTION to Intervene INTERESTED PARTY PAUL CHIARELLO filed by Paul Chiarello. (Attachments: # 1 Affidavit)(Duncan, E.) (Entered: 03/12/2010)
212010-03-12 Letter Motion from E.David Duncan,Esq. for Paul Chiarello requesting leave to submitt late memorandum of law submitted to Judge McAvoy. (Duncan, E.) (Entered: 03/12/2010)
222010-03-15 CERTIFICATE OF SERVICE by Paul Chiarello (Duncan, E.) (Entered: 03/15/2010)
232010-03-15 ENDORSED ORDER granting Interested Party Chiarello's 21 Letter Request for an ext/time to submit supporting memo/law w/ such briefing t/b filed w/in 11 days from date of this order; Signed by Sr. Judge Thomas J. McAvoy dtd 3/15/2010 (cml) (Entered: 03/16/2010)
242010-03-26 MEMORANDUM OF LAW filed by Paul Chiarello. (Duncan, E.) (Entered: 03/26/2010)
252010-03-31 AFFIDAVIT of Service for Respondent's Memorandum of Law served on Susan F. Bartkowski, Esq., Robert A. Lippman, Esq. and Elizabeth Grossman, Esq. on March 26, 2010, filed by Paul Chiarello. (Duncan, E.) (Entered: 03/31/2010)
262010-04-05 Letter Motion from Susan F. Bartkowski for H.S. requesting Attend 4/22 conference submitted to Judge Treece. (Bartkowski, Susan) (Entered: 04/05/2010)
272010-04-09 DECISION AND ORDER granting 6 Motion to Intervene. Intervenor must file a complaint by 4/23/10. Signed by Senior Judge Thomas J. McAvoy on 4/9/10. (sfp, ) (Entered: 04/09/2010)
282010-04-12 CIVIL CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission. (Santos, Adela) (Entered: 04/12/2010)
292010-04-19 INTERVENOR COMPLAINT against Paul Chiarello, College View Donuts LLC (Filing fee $350 receipt number 0206-1548335) filed by H.S..(Bartkowski, Susan) [Modified on 4/19/2010 to reflect this is an intervenor complaint and contacted atty re: filing fee refund.](sfp, ). (Entered: 04/19/2010)
302010-04-21 CERTIFICATE OF SERVICE by H.S. re 29 Complaint, (Bartkowski, Susan) (Entered: 04/21/2010)
312010-04-21 NOTICE of Appearance by Adela P. Santos on behalf of Equal Employment Opportunity Commission (Santos, Adela) (Entered: 04/21/2010)
322010-04-22 Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Appearances by Adela Santos, Esq. (EEOC), Susan Bartkowsla, Esq. (Int H.S.), and Robert Lippman (Donuts).Initial Pretrial Conference held on 4/22/2010. (ban) (Entered: 04/23/2010)
332010-04-26 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: five days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 9/10/2010. Amended Pleadings due by 9/10/2010. Discovery due by 3/30/2011. Motions to be filed by 5/30/2011. Trial Ready Date is 8/30/2011. Deadline for completion of mediation is 3/30/2011. Jury Trial set for 9/5/2011 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Status Report due by 10/15/2010 and 2/1/2011. Signed by Magistrate Judge Randolph F. Treece on 4/26/2010. (sg ) (Entered: 04/26/2010)
342010-05-06 Defendants' ANSWER to Complaint of Intervenor H.S. by College View Donuts LLC, Ivo Garcia.(Lippman, Robert) (Entered: 05/06/2010)
352010-05-14 VERIFIED ANSWER to 1 Complaint OF H.S., INTERVENOR/PLAINTIFF by Paul Chiarello.(Duncan, E.) (Entered: 05/14/2010)
362010-05-14 AFFIDAVIT of Service for Verified Answer to Intervenor's Complaint was served on Susan F. Bartkowski, Esq., Adela Santos, Esq.and Robert A. Lippman, Esq. on May 12, 2010, filed by Paul Chiarello. (Duncan, E.) (Entered: 05/14/2010)
372010-05-18 Amended ANSWER to Complaint of Intervenor H.S. by College View Donuts LLC, Ivo Garcia.(Lippman, Robert) (Entered: 05/18/2010)
382010-05-27 STIPULATION Selecting Mediator(Santos, Adela) (Entered: 05/27/2010)
392010-10-15 STATUS REPORT Letter to Judge Treece by Equal Employment Opportunity Commission. (Santos, Adela) (Entered: 10/15/2010)
402010-11-18 NOTICE of Appearance by Elena DeFio Kean on behalf of H.S. (DeFio Kean, Elena) (Entered: 11/18/2010)
412011-02-07 Letter Motion from Elena DeFio Kean for H.S. requesting Conference submitted to Judge Randolph F. Treece. (DeFio Kean, Elena) (Entered: 02/07/2011)
422011-02-07 ORDER granting 41 , Intervenor Plaintiff's Letter Request, seeking a telephone conference to address an issue related to the deposition of Defendant Paul Chiarello. The parties are directed to electronically file the dates and times that they may be available for a telephone conference, on the record, during the weeks ending February 18 and 25, 2011. The parties are further directed to provide the telephone number by which they can be reached for this telephone conference. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 2/7/2011. (Treece, Randolph) (Entered: 02/07/2011)
432011-01-31 Letter dated 1/28/11 from E. David Duncan, Esq. to counsel re Paul Chiarello and settlement. (sfp, ) (Entered: 02/08/2011)
442011-02-09 STATUS REPORT regarding mediation by H.S.. (DeFio Kean, Elena) (Entered: 02/09/2011)
452011-03-01 STIPULATION of Consolidation by College View Donuts LLC, Ivo Garcia submitted to Judge Treece. (Attachments: # 1 Letter to Magistrate Treece)(Lippman, Robert) (Entered: 03/01/2011)
462011-03-02 CONSOLIDATION ORDER. Case number 1:10-CV-1536 shall be consolidated with 1:09-CV-1320. 1:10-CV-1320 shall be designated the lead case and 1:10-CV-1536 shall be designated the member case. All future filings shall be filed in the lead case. Signed by Magistrate Judge Randolph F. Treece on 3/2/2011. (sg ) (Entered: 03/03/2011)
472011-03-25 LETTER REQUEST/STATUS REPORT regarding Mediation, discovery matters, and request for conference.(DeFio Kean, Elena) Modified on 3/25/2011 (sg ). (Entered: 03/25/2011)
482011-03-29 REPORT of Mediation filed by Ira Lobel. Case did not settle.(sg ) (Entered: 03/29/2011)
492011-03-30 Letter Motion from Elena DeFio Kean for H.S. requesting Availability for conference submitted to Judge Randolph F. Treece. (DeFio Kean, Elena) (Entered: 03/30/2011)
502011-04-08 ORDER AMENDING THE SCHEDULING ORDER: On April 8, 2011, a Telephone Conference was held to address several issues. During the Conference, the parties ask for an extension of the deadlines. After conferring with Judge McAvoy's Chambers, the Court will grant an extension of the deadlines. Accordingly, the Scheduling Order is amended as follows: (1) Discovery Deadline is 6/30/2011; (2) The Final Day to file Dispositive Motions is 7/29/2011; (3) Trial Ready Deadline is 11/18/2011; (4) Judge McAvoy will set the new trial date; (5) All other provisions of the Scheduling Order shall remain in effect; and (6) NO FURTHER EXTENSIONS WILL BE CONSIDERED. Plaintiffs advise the Court that they intend to amend the Complaint. Because of the timing of the motion(s), a motion to amend must be on an expedited basis. Therefore, the motion to amend shall be filed on or before April 20, the opposition to the motion on or before April 29, and the motion shall be on submit. The Notice of Motion shall refer to this Order. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 4/8/2011. (Treece, Randolph) (Entered: 04/08/2011)
512011-04-20 MOTION to Amend/Correct 29 Complaint, filed by H.S.. (Attachments: # 1 Affidavit of Attorney Kean, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Memorandum of Law) Motions referred to Randolph F. Treece. (DeFio Kean, Elena) (Entered: 04/20/2011)
522011-04-20 MOTION to Amend/Correct Complaint filed by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Attorney Santos, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Memorandum of Law) Motions referred to Randolph F. Treece. (Santos, Adela) (Entered: 04/20/2011)
532011-04-21 CERTIFICATE OF SERVICE by H.S. re 51 MOTION to Amend/Correct 29 Complaint, MOTION to Amend/Correct 29 Complaint, (DeFio Kean, Elena) (Entered: 04/21/2011)
542011-04-22 Letter Motion from Robert A. Lippman, attorney for Defendants for College View Donuts LLC, Ivo Garcia, Ivo Garcia requesting extension submitted to Judge Treece. (Lippman, Robert) (Entered: 04/22/2011)
552011-05-05 Letter Motion from Robert A. Lippman, attorney for Defendants for College View Donuts LLC, Ivo Garcia, Ivo Garcia requesting extension submitted to Judge Treece. (Lippman, Robert) (Entered: 05/05/2011)
562011-05-24 NOTICE of Settlement Consent Decree by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G)(Santos, Adela) (Entered: 05/24/2011)
572011-05-27 CONSENT JUDGMENT. Signed by Senior Judge Thomas J. McAvoy on 5/26/11. (sfp, ) (Entered: 05/27/2011)