IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

__________________________________________

:

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff,

:

:

v.

:

:

HEATHER’S HOSPITALITIES, INC.,

:

d/b/a HEATHER’S OPEN CUCINA

:

AND LUSHANE’S RESTAURANTS

:

:

Defendant.

:

__________________________________________:

04 CV 6198 (SCR/LMS) COMPLAINT ECF CASE JURY DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex discrimination (female) and constructive discharge, and to provide appropriate relief to Rebeccah Desselle and other similarly situated women who were adversely affected by such practices. As alleged with greater particularity in paragraphs 7 and 8 below, Defendant, Heather’s Hospitalities, Inc., d/b/a Heather’s Open Cucina and LuShane’s Restaurants created and maintained a hostile work environment based on sex (female) and constructively discharged Rebeccah Desselle.

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JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 704 (a), 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000e-3 (a), 5 (f)(1) and (3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "EEOC"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (f)(1) of Title VII, 42 U.S.C. §§2000e-5. 4. At all relevant times, Defendant, Heather’s Hospitalities, d/b/a/ Heather’s Open Cucina and Lushane’s Restaurants with restaurants located in Nyack, New York, is incorporated in the United States, has continuously done business in the State of New York, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Rebeccah Desselle filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 2000, Defendant has engaged in unlawful employment practices, in violation of Section 703 (a) of Title VII, 42 U.S.C. § 2000e-2 (a)(2), by creating and maintaining a sexually hostile work environment based on Ms. Desselle’s and other similarly situated female employees’ sex. These practices have included, but are not limited to:
a. Defendant, repeatedly telling Ms. Desselle that he wanted to “have sex” with her and requesting that she go to his house with him;
b. Defendant frequently commenting to Ms. Desselle that she was pretty and had a “nice body”;
c. Defendant repeatedly telling Ms. Desselle that he wanted to take her to his house and engage in sexual activities with her;
d. Defendant often telling Ms. Desselle that he wanted to “eat her ass” and he would be the “best she ever had”;
e. Defendant grabbing Ms. Desselle’s vagina; f. Subjecting Ms. Desselle to unwanted hugging, grabbing and other unwanted and unwelcome physical contact. 8. Defendant constructively discharged Ms. Desselle by creating such an intolerably hostile work environment that she was forced to leave her employment with Defendant. 9. The effect of these practices complained of in paragraphs 7 and 8 above has
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been to deprive Rebeccah Desselle and other similarly situated women of equal employment opportunities and otherwise adversely affect their status as employees.
9. The unlawful employment practices complained of in paragraphs 7 and 8 above were intentional.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Rebeccah Desselle and other similarly situated women.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassing conduct and other employment practices which discriminate on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees regardless of sex and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Rebeccah Desselle and other similarly situated women by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement and promotion. D. Order Defendant to make whole Rebeccah Desselle and other similarly situated women by providing compensation for past and future pecuniary losses resulting from the
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unlawful employment practices described in paragraphs 7 and 8 including job search expenses, in amounts to be determined at trial.
E. Order Defendant to make whole Rebeccah Desselle and other similarly situated women by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including but not limited to emotional pain and suffering, inconvenience, humiliation, loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant to pay Rebeccah Desselle and other similarly situated women punitive damages for Defendant’s malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Eric S. Dreiband General Counsel James L. Lee Deputy General Counsel Gwendolyn Y. Reams Associate General Counsel
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 “L” Street, N.W. Washington, D.C. 20507 _________________________ Katherine E. Bissell (KB 1831) Regional Attorney Lisa Sirkin Supervisory Trial Attorney _________________________ Monique J. Roberts (MR 6338) Trial Attorney NEW YORK DISTRICT OFFICE 33 Whitehall Street, 5th Floor New York, New York 10014 (212) 336-3704 (Monique Roberts direct) (212) 336-3623 (fax)
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 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------x
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, Plaintiff,

-against-
HEATHER'S HOSPITALITIES, INC., d/b/a HEATHER'S OPEN CUCINA AND LUSHANE'S RESTAURANTS,

04-CV-6198 (SCR) (LMS)

Defendants.
------------------------------------------x

CONSENT DECREE

The parties to this Consent Decree are the Equal Employment Opportunity Commission

(EEOC) and Defendants Heather's Hospitalities. Inc. d/b/a! Heather's Opcn Cucina and

Lushane's Restaurants (Defendants).
The EEOC brought this action on August 11,2004, pursuant to Title vn of the Civil

Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seg. ("Title VII") and the Civil Rights Act

of 1991,42 U.S.c. § 1981A EEOC alleged that Rebeccah Desselle was sexually harassed by

Defendants and that as a result of Defendants' discrimination, the conditions of employment

were so intolerable that Rcbeccah Desselle was forced to resign.

The parties desire to settle this action, and therefore stipulate and consent to the entry of

this Decree as final and binding betwcen the parties and their successors or assigns.

The parties agree that this Decree may be entered into without Findings of Fact and

Conclusions of Law being made and entered by the Court. No waiver, modification or

amendment of any provision of this Consent Decree shall be effective unless made in writing or

-----. _-- ........

- .... -:::::::-:- -... ~"---~

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stated on the record in open court, approved by all parties to this Consent Decree and approved or ordered by the Court.
Tn consideration of the mutual promises and agreements contained in this Dceree, the sufficiency of which is hereby acknowledged, the partics agree as follows, the Court finds appropriate, and it is therefore ORDERED, ADJUDGED AND DECREED that:
GENERAL PROVISIONS 1. This Dccree resolves all allegations raised in EEOC Charge Number 160-200300248 and in the complaint filed by EEOC in this matter. This Decree in no way affects EEOC's right to process any other pending or future charges of discrimination that may be filed against Defendants and to commence civil action on any such charges as EEOC sees fit. 2. The Court has jurisdiction over the subject matter of this action and the parties to this action, venue is proper, and all administrative prerequisites have been met. 3. No party shall contest the validity of this Decree or the jurisdiction of the federal district court to enforce this Decree and its terms. 4. The parties 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 and their successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which Defendants may merge or with which they may consolidate. Defendants shall provide notice and a copy of this Decree to any successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which Defendants may merge or with which they may consolidate.
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MONETARY RELIEF
5. Defendants agree to pay $50,000 in settlement of this matter to Rebeccah Desselle, including $3,046.02 for back pay, $30,000 for compensatory damages, and $16,953.98 for Rebecca Desselle's attorney's fees and costs as follows:
a. Upon execution by the partics of this Consent Decree, Defendants will pay $30,000, in two certified or teller's checks or money orders, made payable as follows: Rebecca Desselle, $20,000.00; Michael R. Scolnick, P.C., $10,000.00;
b. Defendants will pay the remaining sum of $20,000 in monthly installments totaling $2,500 (each to be in the form of two certified or teller's checks or money orders, madc payable as follows: Rebecca Desselle, $1662.00; Michael R. Scolnick, P.C., $838.00); each installment to be received by Michael R. Scolnick, P.C. by May 17,2007, June 17,2007, July 17,2007, August 17,2007, September 17,2007, October 17,2007, November 17, 2007 and December 17,2007.
6. All payments shall be in the form of certified or teller's check or money ordcr payable to Rebecca Desselle or Michael R. Scolnick, P.C. as specified above, and shall be scnt by certified mail, return receipt rcquested, addressed to Michael R. Scolnick, P.C.. 175 Burrows Lanc, Blauvelt, New York, 10913, or at such other address as may, from time to time, be designated in writing by Michael R. Scolnick. Defendants shall issue appropriate tax forms. Upon issuance, copies of each check and appropriate tax forms shall be forwarded by defendant to EEOC, 33 Wbitehall St., 5th Floor, New York, New York, 10004-2112, attention Trial Attorney Monique 1. Roberts.
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7. In the event that any payment or installment herein shall remain unpaid for 21 days past its due datc, then the entire unpaid balance together with interest under 28 U.S.C. §1961, legal fees and collcction costs, plus the liquidatcd sum of ten thousand ($ 10,000) dollars, shall be immediately duc and owning, and shall be enforccable under this Decrce.
INJUNCTIVE RELIEF 8. Non-discrimination
a. Defendants and thcir agents are enjoined from discriminating against any individual because ofher or his sex in violation of Title VII.
b. Defcndants and their agents arc enjoined from retaliating against any individual for asserting rights under Title VII, including but not limited to filing a charge, providing assistance or evidence or testifying in the invcstigation or litigation of this or any other charge of discrimination, or for asserting her or his rights under Title VI1.
9. Policies and Procedures a. Within 10 days of the entry ofthis Decree, Defendants will implement and
maintain the written policies and procedures prohibiting employment discrimination and retaliation attached hereto as Exhibit A.
b. Defendants will distribute a copy of the written policies and procedures described in paragraph 9 (a) above to all of their cmployees within 10 days of the entry of this Decree, and shall distribute a copy of the written policies and procedures to aU employees hired thereafter within five days of the commencement of their employment.
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\0. Training a. Within 30 days of the entry of this Decree, Defendants will provide two
hours of anti-discrimination training, including training regarding sexual harassment and retaliation, for all non-management employees, and will provide four hours of antidiscrimination training, including training regarding retaliation, for all their owners, managers, supervisors, and house managers. The training sessions shall be conducted by Stan Jacoby and will cover the materials attached as Exhibit B.
b. Defendants will thereafter provide one hour of anti-discrimination training for employees and two hours of training for managers as outlined in paragraph 10(a) every twelve months for the duration of this Decree. This training shall reiterate, explain and answer questions about Defendants' policy prohibiting harassment and discrimination.
c. Attendance sheets or records containing, but not limited to, the dates of attendance, name of attendees, identity of instructor, and agendas for the training provided in paragraph 10 shall be maintained at the location where each employee's personnel file is kept.
II. Monitoring a. Defendants will provide EEOC with a list of all complaints of sex
discrimination, harassment or retaliation, either formal or informal, including a summary of the steps taken during the investigation, the results of the investigation, and any disciplinary action taken. Defendants shall provide this summary every six months after the date of entry ofthi8 Decree and continuing throughout the duration of this Decree; and,
b. Defendants will forward to EEOC any and all attendance sheets or records containing, but not limited to, the dates of attendance, name of attendees, identity of instructor,
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and agendas for the training every six months commencing from the date of entry of this Decree and continuing throughout the duration of this Decree.
c. EEOC may monitor Defendants' compliance with this Decree through the unannounced inspection of Defendants' premises, records and interviews with employees at reasonable times. Defendants shall make available for inspection and copying any records reasonably related to any of these areas.
) 2. Postings a. Within 10 days of the entry of this Decree, Defendants shall conspicuously
post and maintain in all of Defendants' facilities, in the form and with the content specified in Exhibit C hereto.
b. Defendants shall also display the EEOC poster, as required by federal law, outlining all applicable EEO-laws at all restaurants owed and operated by
13. This Decree constitutes the complete understanding among the parties regarding this Consent Decree.
14. This Decree will remain in effect for five years from the date of entry. The Court shall retain jurisdiction over this action during the duration of the Decree. The matter may be administratively closed but shall not be dismissed during the duration of the Decree. Within 30 days after the date set for the expiration of the Decree, the parties shall submit a stipulation of dismissal to the Court.
SO ORDERED, ADJUDGED AND DECREED this _ _ day 2007.
U.S. District Court Judge 6

c~e~
APPROVED IN FORM AND CONTENT:

FOR THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

FOR DEFENDANTS HEATHER'S

HOSPITALlTIES, INC., d/b/a

HEATHER'S OF- C CINA AND

LUSH S

S

Regional Attorney New York District Office EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 33 Whitehall Street, 5th floor New York, NY 10004 Phone: 212.336.3696 Fax: 212.336.3623 Email: elizabeth.grossman@eeoc.gov
Dated: _0-+-/3-'---fJ~O--,-7__
I I

no,LLP aters Place, Suite 301 Bronx, New York 104601 Phone: 718.931.6000 Fax: 718.931.6056 Email: JSavino@FagaSavino.com
~ C//~/bt-~/~~~~
nry Hovorka, as CEO of Heather's Hospitalities, Inc. d/b/a Heather's Open Cucina and Lushanc's Restaurants

Dated: ,!'----"--"-_ _ _ _ _ _ _ __

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CASREF, CLOSED, ECF
U.S. District Court United States District Court for the Southern District of New York (White Plains)
CIVIL DOCKET FOR CASE #: 7:04-cv-06198-SCR-LMS

Equal Employment Opportunity Commission v. Heather's Hospitalities, Inc Assigned to: Stephen C. Robinson Referred to: Magistrate Judge Lisa Margaret Smith Cause: 42:1981 Civil Rights

Date Filed: 08/11/2004 Date Terminated: 05/09/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Monique Joy Roberts U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336-3721 Fax: (212) 336-3623 Email: monique.roberts@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

represented by Kevin Brian Faga Faga Savino, LLP 1200 Waters Place Suite 301 Bronx, NY 10461 (718)-931-6000 Fax: (718)-931-6056 Email: kfaga@yahoo.com TERMINATED: 01/12/2007 ATTORNEY TO BE NOTICED
Susanne Kantor Jackson Lewis LLP One North Broadway White Plains, NY 10601 914-328-0404 Fax: 914-328-1882 Email: kantors@jacksonlewis.com TERMINATED: 02/15/2006 ATTORNEY TO BE NOTICED

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Intervenor Defendant Heather's Hospitalities, Inc.
Intervenor Defendant OPUS 15, INC. doing business as HEATHER'S OPEN CUCINA AND LUSHANE'S RESTAURANTS Intervenor Defendant OPUS ACQUISITION, INC. doing business as HEATHER'S OPEN CUCINA AND LUSHANE'S RESTAURANTS Intervenor Defendant Henry Hovorka doing business as HEATHER'S OPEN CUCINA AND LUSHANE'S RESTAURANTS Intervenor Defendant Patrick Kelly Intervenor Plaintiff Rebeccah Desselle
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represented by Susanne Kantor (See above for address) TERMINATED: 02/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Susanne Kantor (See above for address) TERMINATED: 02/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Susanne Kantor (See above for address) TERMINATED: 02/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Susanne Kantor (See above for address) TERMINATED: 02/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph James Savino Faga Savino, L.L.P. 1200 Waters Place Bronx, NY 10461 (718) 931-6000 Fax: (718) 931-6056 Email: jsavino@fagasavino.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael R. Scolnick Michael R. Scolnick, P.C. 175 Burrows Lane Blauvelt, NY 10913 (914) 354-9339 Fax: (845)-365-1506 Email: scollaw@optonline.net
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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/11/2004 08/11/2004 08/11/2004 10/13/2004 10/13/2004 10/13/2004 10/13/2004
10/13/2004 10/26/2004 10/26/2004
10/27/2004
10/27/2004 10/27/2004

#

Docket Text

1 COMPLAINT against Heather's Hospitalities, Inc. Document filed by Equal Employment Opportunity Commission.(mov, ) (Entered: 08/16/2004)
Magistrate Judge Lisa M. Smith is so designated. (mov, ) (Entered: 08/16/2004)
Case Designated ECF. (mov, ) (Entered: 08/16/2004)
2 NOTICE of Appearance by Susanne Kantor on behalf of Heather's Hospitalities, Inc (Kantor, Susanne) (Entered: 10/13/2004)
3 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Heather's Hospitalities, Inc.(Kantor, Susanne) (Entered: 10/13/2004)
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)
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)
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)
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)
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)
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)
10 MOTION to Intervene. Document filed by Rebeccah Desselle. (Attachments:, # 1 Exhibits to Moiton)(pf, ) (Entered: 10/29/2004)
11 MEMORANDUM OF LAW in Support re: 10 MOTION to Intervene.. Document filed by Rebeccah Desselle. (pf, ) (Entered: 10/29/2004)

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01/31/2005 03/31/2005 04/01/2005
04/01/2005 04/04/2005 04/28/2005

13 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 until 11/10/04. Endorsment: So Ordered.. (Signed by Judge Stephen C. Robinson on 11/8/04) (fk, ) (Entered: 11/16/2004)
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)
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)
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)
16 MOTION to Intervene Inquiry as to status of motion. Request for decision.. Document filed by Rebeccah Desselle. (Scolnick, Michael) (Entered: 01/31/2005)
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)
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)
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)
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)
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)

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05/13/2005 05/31/2005
06/07/2005 08/23/2005
11/03/2005 12/15/2005
12/21/2005 01/05/2006

Set Answer Due Date purs. to 20 Endorsed Letter, as to Heather's Hospitalities, Inc answer due on 5/6/2005. (ae, ) (Entered: 05/02/2005)
21 ANSWER to Complaint. Document filed by Heather's Hospitalities, Inc.(Kantor, Susanne) (Entered: 05/06/2005)
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)
23 RULE 26 DISCLOSURE.Document filed by Rebeccah Desselle.(Scolnick, Michael) (Entered: 05/13/2005)
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)
25 INTERVENOR COMPLAINT against Heather's Hospitalities, Inc..Document filed by Rebeccah Desselle.(jma, ) (Entered: 06/09/2005)
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)
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)
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)
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)
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)

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29 STATUS REPORT. Consent, subject to Court approval, to request of Defendant Kelly for extension of time to answer. Document filed by Rebeccah Desselle.(Scolnick, Michael) (Entered: 01/06/2006)
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)
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)
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)
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)
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)
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)
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)
34 NOTICE OF APPEARANCE by Kevin Brian Faga on behalf of Heather's Hospitalities, Inc (Faga, Kevin) (Entered: 10/27/2006)
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)
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)

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ORDER granting 36 Motion for Discharging as the corporation's attorney. ENDORSED: Motion granted. Conference rescheduled to 1/30/2007 at 4:30 p.m. Defendant must appear by counsel absent further Order of the Court. SO ORDERED:(Signed by Judge Lisa Margaret Smith on 1/10/2007) (mde) (Entered: 01/16/2007)
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)
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)
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)
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)
39 TRANSCRIPT of proceedings held on 4/1/2005 at 10:00 a.m. before Judge Stephen C. Robinson. (aba) (Entered: 02/26/2007)
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)
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)
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)
42 CONSENT DECREE...Case Closed. So Ordered (Signed by Judge Stephen C. Robinson on 6/14/07) (fk) (Entered: 06/21/2007)

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