• Case 1:06-cv-04577-NG-RER

Document 1-1

Filed 08/24/2006

Page 1 of 6

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------X

IlliG '( ~ ZOOli

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
-v-

Civil Action No. COMPLAINT JURY TIUAL DEMAND

BOOKS FOR LESS, LLC AND BOOKS FOR LESS, INC.,

Defendant.

---------------------------------------------------------------X

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race

and/or sex discrimination and/or retaliation and to provide appropriate relief to Damico Ballard,

Christina Cordova, Janel\ Howard, Lawrence Lcrmcr, Keelan Rozier, Christina Rush, Erika

Sanchez, Nicole Wcissart (collectively rcfcncd to as Charging Parties unless otherwise

indicated) and a class of similarly situated African American and female individuals affected by

such unlawful practices. Defendant Books For Less, LLC, and Books For Less, Inc.'s

(hereinafter "Defendant") management, particularly the President and owner, Michael Shmuely,

created a hostile and abusive work environment for the Charging Parties and others based on

their race, African American and/or sex, female. Defendant also retaliated against the employees

who complained about the discrimination, cooperated with EEOC's investigation and/or filed

• Case 1:06-cv-04577-NG-RER

Document 1-1

•Filed 08/24/2006

Page 2 of 6

Charges of Discrimination with EEOC, in violation of Title VII. These facts are alleged with greater particularity in paragraph 7 below.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, <Jnd 1345. This action is authorized and instituted pursuant to Sections 706(1)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U,S,C, §§ 2000e-5(t)(l) and (3) ("Title VII") and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 2. The unlawful employment practices alleged below were committed within lhe jurisdiction of the United States District Court for the Eastern Dislrict of New York.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (hereinafter "EEOC" or "the Commission"), is an agency of the United States of America charged with the adminislration, interpretation, and enforcement of Title VIJ and is expressly authorized to bring this action by Sections 706(1)(1) and (3) ofTitle VII, 42 U.S.C. §§ 2000e-5(t)(l) and (3). 4. At all relevant times, Defendant, Books For Less, LLC has continuously been a corporation doing business in the State of New York and the county ofKings, and has continuously had at least fifteen employees. At all relevant times, Books For Less, Inc. has continuously been a corporation doing business in the State of Pennsylvania and the county of Allegheny, and has continuously had at least fifteen employees. Defendant Books For Less, LLC and Books For Less, Inc. together function as an integrated enterprise.

2

• Case 1:06-cv-04577-NG-RER

Document 1-1

•Filed 08/24/2006

Page 3 of 6

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 Vll, 42 U.S.C. §§ 2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Damien Ballard, Christian<~ Cordova, Janell Howard, Lawrence Letmer, Keelan Rozier, Christina Rush, Erika Sanchez, and Nicole Weissari filed charges 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 December 2004, Defendant has engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e. These practices include, but are not limited to, the following:
a) Defendant subjected African American employees to frequent and pervasive harassment because of their race. Specifically, the harassment included, but is not limited to: management, particularly the owner of the company, frequently making racist and egregious comments such as "stupid niggers" "dumb fucking niggers," and "blacks are stupid." b) Defendant subjected Charging Party Rush to harassment based on her association with African Americans. The owner on more than one occasion accused Charging Party Rush of sleeping with an African American employee and said she had a "thing for niggcrs" because her biracial children were "too dark" to he hers.

3

• Case 1:06-cv-04577-NG-RER

Document 1-1

•Filed 08/24/2006

Page 4 of 6

c) Defendant subjected female employees to unwelcome verbal har<Jssment based on lheir sex. Specifically, the harassment included, but is not limited to: management, particularly the owner of the company, on more than one occasion, making sexist comments such as "stupid bitch," "dumb bitch," "cock suckers," "lazy bitch," "fucking bitch," "dumb fucking idiot," and "stupid little cunt." d) Defendant engaged in unlawful employment practices in violation of Section 704 of Title VII, 42 U.S.C. Section 2000e-3, by retaliating against employees who complained about and/or objected to the discriminatory treatment, who filed Charges of Discrimination with EEOC, and/or who participated in EEOC's investigation. 8. The effect of the practices complained of above has been to deprive the Charging Parties along with a class of similarly situated African American and/or female individuals and/or those who have engaged in protected activities of equal employment opportunities and otherwise adversely affect their status as employees because of their race and/or sex, and/or hecause they engaged in protected activities. 9. The unlawful employment practices complained of above were intentional. 10. At all relevant times, Defendant has acted with malice or reckless indifference to the federally protected rights of the Charging Parties and a class of similarly situated African American and/or female individuals and/or those who have engaged in protected activities.

4

• Case 1:06-cv-04577-NG-RER

Document 1-1

•Filed 08/24/2006

Page 5 of 6

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 any employment practices that discriminate on the basis of race and/or sex; B. Grant a pennanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practices that retaliate against those individuals that oppose race and/or sex discrimin<Jtlon; C. Order Defendant to institute and c<Jrry out policies, practices and programs that provide equal employment opportunities for <Ill employees, regardless of race and sex, <Jnd that eradicate the effects of Defendant's past and present unlawful employment practices; D. Order Defendant to make whole all those individuals affected by the unlawful employment pmctices described above, by providing compensation for past and future pecuniary losses in amounts to be determined at trial; E. Order Defendant to make whole all those individuals affected by the unlawful employment practices described above, by providing compensation for non-pecuniary losses, including pain, suffering and humiliation, in amounts to be determined <Jt trial; F. Order Defendant to provide punitive damages for its malicious and/or reckless conduct, in amounts to be detennined at trial; G. Grant such further relief as the Court deems necessary and proper; and H. Award the Commission its costs in this action.

5

• Case 1:06-cv-04577-NG-RER

Document 1-1

•Filed 08/24/2006

Page 6 of 6

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

Dated: New York, New York August 24, 2006

Respectfully submitted,

Ronald S. Cooper General Counsel

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

Elizabe, h Grossman

Regional Attorney
- ~/' c-- '- J :---~~

Lisa Sirkin

Supervisory Trial Attorney

. .-·1'/

~~/

/ ; 1/_.--A

p

L--8 efni~Yariillila

Trial Attomey

New York District Office 33 Whitehall Slreet, 5th Floor New York, New York 10004 Phone: 212-336-3689 Fax: 212-336-3623 Stella. Y amada@eeoc.gov

 
 Case 1:06-cv-04577-NG-RER Document 15 Filed 01/19/2007 Page 1 of 6

UNITED STATES DISTRICT COURT EASTERI'i DISTRICT OF NEW YORK
-_·_-------·_--------------x

ECFCASE

EQUAL EMPWYMENT OPPORTUNITY COMMISSION.

Civil Action NQ. 06 CV 4577 «(NG) (RER)

AMENDED COMPLAINT

PJaintitl',
-v-

JURY TRIAL DEMAND

BOOKS FOR LESS, LLC AND

BOOKS FOR LESS, [NC.,

,

Defendant.

-----------------------------:x

NATURE OF THE ACTION

This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Tide I

ofthe Civil Rights Act of 1991 to correct llillawful empl0~1'111ent practices on the basis of race

andlor sex discrimination and/or retaliation and to provide appropriate reliefto Damien Ballard,

Christina Cordova, Janell Howard, Lawrence Lenncr, Keelan Rozier, Christina Rush, Erika

Sanchez, Nicole Weissart (collectively referred to as Charging Parties unless otherwise

indicated) and a class of similady situated African American and female individuals affected by

such unlawful practices. Defendant Books For Less, LLC. and Books For Less, Inc.'s

(hereinafter "'Defendant") management, particularly the President and owner, Michael Shmuely,

created a hostile and abusive work environment for the t"11arging Parties and others based on

their race, African American andlor sex, female, Defendant also retaliated against the employees

who complained about the discrimination, cooperated with EEOC's investigation andJor fIled

Case 1:06-cv-04577-NG-RER Document 15 Filed 01/19/2007 Page 2 of 6
Charges of Discrimination with EEOC, in violation of Title VTI. These facts are alleged with greater particularity in paragraph 7 below.
JURISDICTION AND VENUE l. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451,1331,1337, 1343,
and 1345. This action i. authorized and instituted pursuant to Se<:tions 706(1)(1) and (3) ofTitle vn
of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 20000-5(1)(1) and (3) ("Title Vll") and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981•.
2. The unlawful employment practices alleged below were committed within the jurisdiction of the Uniled States District Court for the Eastern District of Nevt York.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (hereinafter "EEOC" or "the Commission"); is an agency of the United States of America charged with the administration. interpretation, and enforcement of Title VII and is expressly authom:ed to bring this action by Sections 706(f)(l) and (3) ofTitle VIl, 42 U.S.c. §§ 2000e-5(f)(I) aed (3). 4. At all relevant times, Defendant. Books For Less, LLC has continuously been a corporation doing business in the State ofNew York and the county ofKings, and has continuously had at least fifteen employees. At all relevant times, Books For Less, Inc. has continuously been a corporation doing business in the State of Pennsylvania and the county of Allegheny, and has continuously had at teast fifteen employees. Defendant Books For Less, LLC and Books For Less,
Inc, together function as an integrated enterprise,
2

Case 1:06-cv-04577-NG-RER Document 15 Filed 01/19/2007 Page 3 of 6
5. At all relevant times, Defendant has continuously been an employer engaged in an industry alIe~ting commerce within lhe meaning of Sections 70l(b), (g), and (h) of Title VII, 42 CS,C, §§ 2000e(b), (S), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Damien Ballard,
Christiana Cordova, Janell Howard, Lawrence Lenner, Keelan Rozier, Christina Rush. Erika
Sanchez, and Nicole Weissart filed charges with the Commission 311eging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
7, Since at least December 2004, Defendant has engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 US.c. § 2000e. These practices include. but are not limited to, the following:
a) Defendant subjected African American employees to frequent and pervasive harassment because of their race. Specifically, the harassment 1ncluded. but is not limited to: management, particularly the owner of the company, ftequentlymaking racist and egregious comments such as "stupid niggers" "dumb fucking uiggers," and "'blacks are stupid." b) Defendant subjected Charging Party Rush to harassment based on her association with African Americans. The ov,rner on more than one occasion accused Charging Party Rush of sleeping with an African American employee and said she had a "thing for niggers" because her biracial children were "too dark" to be hers,
3

Case 1:06-cv-04577-NG-RER Document 15 Filed 01/19/2007 Page 4 of 6
c) Defendant subjected female employees to unwelcome verbal harassment based on their sex, Specifically, the harassment included, but is not limited to: management. particularly the owner ofthe company, on more than one occasion, making sexist comments such as "stupid bitch," "dumb bitch," "cock suckers," ""lazy bitch." '''fhcking bitch," '''dumb fucking idiot," and ~stupid little coot" d) Defendant engaged in unlawful employment practices in "iolatiQn of Section 704 of Title VIL 42 U.s.CO Section 2000e-3, by retaliating against employees who complained about and/or objected to the discriminatory treatment, who filed Charges of DiscriJ:Irination with EEOC, andlor who participated in EEOC's investigation. The retaliatory acts include~ but are not limited to: harassing and threatening employees with tennination and/or lawsuits filed against them, filing civil lawsuits against several ofthe claimants, and tenninating employees. 8. The effect. of the practices complained of above has been to deprive the Charging Parties along with a class of similarly situated. African American and/or female individuals and/or those who have engaged in protected activities of equal employment opportunities and othenvise adversely affect their status as employees because oftheir race and/or sex, and/or because they engaged tn protected activjtjes" 9. The unlawful employment practices complained of above were intentional. 10. At all rek"Vant times, Defendant has acted with malice or reckless indifference to the federally protected rights ofthe Charging Parties and a class of similarly situated African American and/Qr female individuals and/or those who have engaged in protected activities.
4

Case 1:06-cv-04577-NG-RER Document 15 Filed 01/19/2007 Page 5 of 6
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 111 active concert or participation with it, from engaging in any employment practices that disc-riminate on the basis of race and/or sex; B. Grant a permanent injunction enjoining Defendant, its officers, successors. assigns and an persons in active concert or participation with them, from engaging in any employment practices that retaliate against those individuals that oppose race and/or sex discrimination; C. Order Defendant to institute and carry out policies, practices and programs that provide equal employment opportunities for all employees, regardless of race and sex, and that eradicate the effects of Defendant's past and present unlawful employment practices; D. Order Defendant to make whole aU those individuals affected by the unlawful emplo)ment practices described above, by providing compensation for past and future pecuniary losses in amounts to be determined at mat E. Order Defendant to make whole all those individuals affected by the unlawful employment practices described above, by providing compensation for non-pecuniary losses, including pain. suffering and humiliation, in amQunts to be determined at trial; F. Order Defendant to provide punitive damages for its malicious andlor reckless conduct, in amounts to be determined at trial; G. Grant such further relief as the Court deems necessary, and proper; and H. Award the Commission its costs in this action.
5

Case 1:06-cv-04577-NG-RER Document 15 Filed 01/19/2007 Page 6 of 6

JURY TRIAL DEMAND

The Commission requests ajury trial on aU questions of fact raised by its Complaint.

Dated: New York, New York
January jfi, 2007

Respectfully submitted,

Ronald S, Cooper General Counsel

James L. Lee Deputy General Counsel

Gwendolyn Young Reams Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
180! L Street, NW,
~~,c~
E IZabe h Grossman Regional Attorney
~,Q,k2..~ Robert Rose Supe~sory T : ; . z
~~;'~~a~ANt&t(o~mYey===~~"~~~-­

New York District Office 33 Whitehall Street, 5" Floor New York, New York 10004 Phone: 212·336-3689 Fax: 212·336·3623 Stella.Yamada@eooc,gov

 
 Case 1:06-cv-04577-NG-RER Document 30 Filed 04/09/2007 Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------------x

:

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff,

:

:

-v-

:

:

BOOKS FOR LESS, LLC AND

:

BOOKS FOR LESS, INC.,

:

:

Defendants.

:

---------------------------------------------------------------x

ECF CASE
Civil Action No. 06 CV 4577 (NG)(RER)

CONFIDENTIALITY ORDER GOVERNING THE TREATMENT OF CERTAIN INFORMATION DESIGNATED AS CONFIDENTIAL

1. This Order governs the use and handling of: (1) documents or other information

reflecting Defendant’s finances; and (2) social security numbers of Defendant’s current and former

employees. Together, these two categories of information are referred to herein as “Confidential

Information.”

2. Confidential information as defined herein shall not be disseminated, either orally or

in written or other form by the EEOC to anyone other than the following Authorized Persons:

i) its counsel of record and other personnel assigned to work on this case, including

clerical personnel, legal assistants and interns;

ii) Claimants in this case and only to the extent that such person is reasonably

necessary for EEOC to assess Defendant’s ability to pay damages in this case.

Notwithstanding any other provision of this Order, Confidential Information may

only be shown to claimants in the presence of counsel of record, or discussed with

claimants by telephone. Confidential Information in written form may not

otherwise be disseminated to claimants;

iii) contractors, experts or other independent professionals retained by Plaintiff to

work on this case, and only to the extent that such entity needs access to the

Confidential Information to perform its work; or

Case 1:06-cv-04577-NG-RER Document 30 Filed 04/09/2007 Page 2 of 2
iv) Judicial personnel and staff. Plaintiff agrees that no Confidential Information will be shown to Authorized Persons except those referred to in ¶¶ 2(i) and (iv) without said person reading the Confidentiality Order prior to being shown the documents or information, and agreeing, in writing, to abide by its terms. Plaintiff agrees to maintain the original of such written acknowledgements in a specific file created for this purpose. 3. Claimants who violate the terms of the Confidentiality Order by revealing information provided by Defendants to EEOC pursuant to this Order will be held in contempt of Court. Defendant acknowledges that Claimants already have some knowledge about Defendant’s financial conditions, and thus, the instant Order applies solely to financial information Claimants obtain from the EEOC as a result of Defendant’s disclosure pursuant to this Order. 4. With respect to documents or other information reflecting Defendant’s finances, Plaintiff will only use the same for the purpose of settlement of this case. 5. With respect to the social security numbers referred to above, Plaintiff shall inform Defendant’s counsel of the name of each current or former employee of Defendant for whom it is unable to ascertain a current address. Pursuant to this Order, Defendant is required to provide to Plaintiff the social security number as contained in its records for each such person. Each such social security number produced shall be used by Plaintiff for the sole purpose of attempting to ascertain the current address of each person for whom the social security number is provided, and shall not be used for any other purpose or disseminated to any person or entity, other than as set forth in ¶ 2 herein. Dated: April 9, 2007 Brooklyn, New York
Ramon E. Reyes, Jr.
Ramon E. Reyes, Jr. United States Magistrate Judge

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------------x
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
v.

CIVIL ACTION NO. 06 CV 4577 (NG) (RER)

BOOKS FOR LESS, LLC & BOOKS FOR LESS, INC.

Defendants.
----------------------------------------------------------------x
CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission ("EEOC") and Defendant Books For

Less, LLC ("Defendant") have agreed to resolve this action by the terms of this Consent Decree as

set forth below.

On August 24, 2006, EEOC brought this action under Title VII of the Civil Rights Act of

1964 and Title I of the Civil Rights Act of 1991, alleging unlawful employment practices on the

basis of race and/or sex and/or retaliation and to provide appropriate relief to Damian Ballard,

Janell Howard, Keelan Rozier, Christina Rush, Joseph Faulkner, Christina Cordova, Lawrence

Lermer, Erika Sanchez, Nicole Weissert, (collectively referred to as "Charging Parties") and a class

of similarly situated African-American and/or female individuals. The suit also includes allegations

of retaliation against Defendant's current or former employees, regardless of race or sex, who

opposed discriminatory treatment, filed Charges of Discrimination with EEOC, and/or participated

in EEOC's investigation and litigation of this case. The additional claimants in this case include:

Ernest Clark, Nickol Day, Daniel Dozier, Ryan Gambrill, Angela Haskins, Curtis Howard, Eric

Kimbo, Melvin Palmer, Jeffery Stevenson, Joanna Davis, Lucy Rosen and Carla Lilliam Sandoval.

Specifically, EEOC alleged that the Defendant discriminated by harassing African-

Americans employees based on race including, but not limited to referring to the workplace as the

"plantation" and calling employees, "stupid niggers," subjecting white employees to harassment based on association with African-Americans including, but not limited to saying one claimant's children were "too dark to be her's," subjecting female employees to harassment based on their sex including, but not limited to, calling them, "stupid bitch" and "stupid little cunt." EEOC also alleged that Defendant retaliated against employees who complained about discrimination or filed EEOC Charges and/or participated in EEOC's investigation or lawsuit, by terminating them, calling their homes to attempt to harass them into dropping their claims, and/or by bringing retaliatory lawsuits against them. The Complaint is deemed amended to add allegations that Defendant failed to hire available African-American employees because of their race, made disparaging remarks to African-American employees regarding their intellect and work abilities, and paid AfricanAmericans less wages than Hispanics for the same work.
Defendant denies liability and by entering into this Consent Decree, Defendant does not admit any unlawful conduct or wrong-doing.
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 its successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which Defendant may merge or with which Defendant may consolidate. Defendant shall provide notice and a copy of this Decree to any successors, assigns, subsidiaries, affiliates, and any other corporation or other entity into which Defendant may merge or with which it may consolidate.
The Decree resolves all issues relating to the allegations in EEOC's Complaint filed herein against both Defendants and the following Charges of Discrimination filed with EEOC: Christina Cordova- 160-2005-02998, Erika Sanchez- 520-2006-00116, Christina Rush- 520-2006-00692, Lawrence A. Lermer- 520-2006-00938 and 520-2006-03481, Keelan Rozier- 520-2006-00973,
2

Nicole Weissert- 520-2006-00937, Janell L. Howard- 520-2006-00974 and 520-2007-03359, Damian Ballard- 520-2006-01331 and Joseph Faulkner- 520-2008-00508 which served as the jurisdictional prerequisites in this case. The Decree does not resolve any other charges of discrimination currently pending before EEOC, or any charge that may be filed in the future against Defendant.
The terms of this Decree represent the full and complete agreement of the parties. 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.
In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. Defendant, its managers, officers, agents, successors, and assigns are hereby enjoined from discriminating against any individual because of the individual's sex and/or race and from retaliating against any individual because that individual is a beneficiary of this Decree, has filed a complaint, or has provided information, assistance, or participated in any other manner in this investigation or litigation.
2. EEOC and Defendant agree that this Court has jurisdiction over the subject matter of this litigation and the parties, that venue is proper, and all administrative prerequisites have been met. No party shall contest the validity of this Decree or the jurisdiction of the federal district court to enforce this Decree and its terms.
3. The Court shall retain jurisdiction over this action for all purposes including, but not limited to, the entering of all orders, judgments, and decrees as necessary to implement the relief provided herein. EEOC may bring an enforcement action upon breach of any of the terms of this
3

Decree by Defendant. In any action to enforce the terms of this Decree, the Court will have full authority to order any remedy the Court deems appropriate including, but not limited to, specific performance and/or extension of the Decree beyond the term of the Decree.
4. Defendant's owner, Michael Shmuely, will provide a letter to each claimant as attached as Exhibit A.
5. Defendant shall donate $10,000 retail value or 1000 books relevant to EEOC's mission. Defendant has provided a list of books available to donation to EEOC. Within 30 days of when Defendant is notified by EEOC of the selection of books, Defendant will donate the designated books to the following non-profit organization in the Pittsburgh area: the August Wilson Center for African American Culture that is partnering with a YMCA to offer an after school program at a local high school called the Lighthouse Project.
6. Within 21 days of the entry of this Decree, Defendant shall conspicuously post and maintain a "Notice of Resolution" regarding this lawsuit attached as Exhibit B where employee notices are posted at all of Defendant's facilities. Defendant shall confirm in writing to EEOC within 30 days ofthe entry of the Decree that the Notice has been posted by the deadline and specifically where it has been posted.
7. Defendant shall adopt comprehensive Equal Employment Opportunity and AntiDiscrimination Policies and Procedures prohibiting all forms of unlawful employment discrimination and providing effective complaint procedures for discrimination complaints. The procedures must ensure that a thorough, fair and timely investigation of complaints is conducted by a qualified and trained person(s). The Policy Summary and full Policy are attached as Exhibit C. The policies and procedures shall set forth Defendant's commitment to equal opportunity in all aspects of employment and, at a minimum, set forth the following: (a) a clear explanation of
4

prohibited conduct; (b) the assurance that employees who make complaints of discrimination or provide information related to such complaints will not be retaliated against; (c) a clearly described complaint process that provides accessible avenues of complaint; (d) the assurance that Defendant will review any and all complaints from employees who wish to file internal complaints; (e) the assurance that Defendant will protect the confidentiality of complaints to the extent possible; (f) a complaint process that provides a prompt, thorough, and impartial investigation; (g) the assurance that Defendant will take immediate and appropriate corrective action when it determines that discrimination has occurred; and (h) an assurance that Defendant will inform complainants of the outcome of investigations within a reasonable amount of time. Under no circumstances shall the EEOC, by commenting or electing not to comment on Defendant's Equal Employment Opportunity and Anti-Discrimination Policies and Procedures, be deemed to have waived its right to investigate or litigate any alleged violation of federal law enforced by the EEOC, related to or resulting from the implementation of any such policy.
8. Defendant shall retain the following independent outside entity to receive, investigate and respond to employment discrimination complaints: Employment Practices Advisors ("EP Advisors"). Employees may contact this organization at the following toll-free number: 877-368-1031, dial 9 and then, dial ext. 201. The point of contact for employees is Diane Pfadenhauer and she can also be reached at the following email address: hearme@epadvisors.com or the following mailing address: Diane Pfadenhauer, Employment Practices Advisors, Inc., 1019 Fort Salonga Road, Suite 10-333, Northport, New York 11768.
9. Defendant shall issue its Equal Employment Opportunity and Anti-Discrimination Policies and Procedures to all employees within 30 days of the entry of the Decree. The Summary of Policy and full Policy shall be issued with a letter signed by Defendant's Owner and President,
5

Michael Shmuely, attached as Exhibit D, affirming Defendant's commitment to maintaining a work environment free of discrimination. Defendant shall confirm in writing to EEOC within 45 days of the entry date of the Decree that the Policies and Procedures were distributed within 30 days of the entry date of the Decree.
10. Defendant shall provide all new employees with copies of the Equal Employment Opportunity and Anti-Discrimination Policies and Procedures and the Policy Summary within five days of the commencement of their employment. The Policy and Policy Summary will also be posted at Defendant's worksites in places visible to employees.
11. If Defendant wishes to modify its Equal Employment Opportunity and AntiDiscrimination Policies and Procedures, it shall do so only after submitting the modified Policies and Procedures to the EEOC for approval and receiving such approval in writing.
12. Within 30 days of the entry date of the Decree, Defendant shall provide four hours of equal employment opportunity and anti-discrimination training programs by outside independent contractors, EP Advisors, for all employees and an additional session of two hours for all supervisory and management employees. Within 10 days of each training session, Defendant shall provide EEOC with the attendance sheet that includes the date, the printed names and the signatures of those in attendance at each session. Such training will be conducted annually for the length of the Decree within 30 days of the anniversary of the entry ofthe Decree. Written confirmation of annual training must be provided to EEOC within 40 days of the anniversary of the Decree.
13. Within 30 days of the entry of the Decree, Defendant shall require Michael Shmuely to undergo eight hours of one-on-one training and counseling regarding federal laws prohibiting employment discrimination. The training and counseling will be provided by an outside independent contractor, EP Advisors. Within seven days of the training, Defendant must furnish
6

EEOC with documentation confirming that the training was completed. Such training will be conducted within 30 days following the third anniversary of the decree (March, 2011). Written confirmation of each training must be provided to EEOC within 20 days of the training.
14. Defendant shall provide equal employment and anti-discrimination training by requiring all new employees to watch the video entitled, "It's Not Just About Sex Anymore: Harassment and Discrimination in the Workplace" within 10 days of the commencement of their employment.
15. Within 10 days of the entry of the Decree, Defendant shall provide all current employees with a letter from EEOC attached as Exhibit E containing a description of the lawsuit and its outcome and employees' rights under federal employment discrimination law and how to contact EEOC.
16. Every three months beginning three months after the entry of the Decree, Defendant shall provide a written report to EEOC with information regarding any verbal or written complaints of discrimination from employees or applicants which were received during the preceding three months. The report shall include the name of the complainant, the name of the alleged harasser or discriminator, a list of steps taken by Defendant during the investigation, a summary of the complaint, the results of any investigation of the complaint, and any remedial action taken by Defendant.
17. EEOC may monitor Defendant's compliance with the Consent Decree through requesting documents or records reasonably related to the Decree.
18. Defendant shall pay $180,000, all of which is allocated for compensatory damages, to resolve all claims in EEOC's Complaint in this matter. The settlement amounts for each claimant and the schedule of payment deadlines are outlined in Exhibit F (filed under seal). EEOC retains
7

the sole discretion as to the distribution of the settlement amounts to Charging Parties and other claimants in this matter. Defendant shall issue each claimant a 1099 tax form in the appropriate amount at the time of each payment. The interest from the funds shall be distributed to the Charging Parties and/or the additional claimants by EEOC at its sole discretion at the end of the payment schedule. By the 5th of each month following the entry of the Decree, Defendant shall place a minimum of $5,000 into an interest bearing account at Moritt Hock, Hamroff & Horowitz LLP at 400 Garden City Plaza, Garden City, New York 11530. (Attn: Leslie Berkoff). Defendant shall make payments until the total figure reaches $180,000, exclusive of interest. Defendant shall notify EEOC of each payment in writing within one day of payment. Defendant shall pay a late fee of $500 for any payment which is more than five days late. In the event that the payment or installment of payment herein shall remain unpaid for 45 days past its due date, then the entire unpaid balance together with interest, legal fees and collection costs and liquidated sum of $10,000 shall be immediately due and shall be enforceable under this Decree.
19. Ifwithin entry ofthis Consent Decree or of any payment made hereunder, Defendant commences, or a third party commences, any case, proceeding, or other action under any law relating to bankruptcy, insolvency, reorganization, or relief of debtors, (a) seeking to have any order for relief of Defendant's debts, or seeking to adjudicate Defendant as bankrupt or insolvent; or (b) seeking appointment of a receiver, trustee, custodian, or other similar official for Defendant or for all or any substantial part of Defendant's assets, Defendant agrees as follows:
a. Defendant's obligations under this Agreement may not be avoided pursuant to 11 U.S.C. §§ 547 and 548, and Defendant shall not argue or otherwise take the position in any such case, proceeding, or action that: (i) Defendant's obligations under this Agreement may be avoided under 11 U.S.C. § 547; (ii) Defendant was insolvent at the time this Agreement was entered
8

into, or became insolvent as a result of the payment made to the EEOC; or (iii) the mutual promises, covenants, and obligations set forth in this Decree do not constitute a contemporaneous exchange for new value given to Defendant.
b. If Defendant's obligations under this Agreement are avoided for any reason, including, but not limited to, the exercise of a trustee's avoidance powers under the Bankruptcy Code, the EEOC, at its sole option, may rescind the releases in this Agreement, and bring any civil and/or administrative claim, action, or proceeding against Defendant for the claims that would otherwise be covered by the releases provided in this Decree. Defendant agrees that (i) Defendant shall not plead, argue, or otherwise raise any defenses under any theories of bankruptcy, statute of limitations, laches, estoppel, or similar theories, to any such civil or administrative claims, actions, or proceeding which are brought by the EEOC; and (ii) the EEOC shall have a valid claim against Defendant in the amount of $180,000, and the EEOC may pursue its claim in the case, action, or proceeding referenced in the first clause of this Paragraph, as well as in any other case, action, or proceeding.
c. Defendant acknowledges that its agreements in Paragraph 19 are provided in exchange for valuable consideration provided in this Consent Decree.
20. Inquires by prospective employers regarding claimants must be directed to Defendant's owner, Michael Shmuely, who will respond by verifying dates of employment only.
21. Defendant will provide standard reference letters for each claimant that includes the employee's dates of employment as attached as Exhibit G.
22. All submissions to EEOC listed herein shall be mailed to US EEOC, 33 Whitehall St., 5th Floor, New York, New York, 10004 (Attention: S. Chandy).
23. This Decree will remain in effect for four years from the date of entry. Upon the
9

entry of this Decree, the matter will be immediately closed, but the Court will retain jurisdiction to enforce this Decree.
Dated: _'?J-t-1q---+1-(8) _

. Dated: ~\.1-.tl. ta . ~

SunuP. Chandy, Senior T · 1 33 Whitehall Street, 5th Floor New York, New York 10004 Telephone No. 212-336-3706 Facsimile No. 212-336-3623 Email Address: sunu.chandy@eeoc.gov
FOR DEFENDANT BOOKS FOR LESS LLC

LLX""'.-r•adison Avenue New York, NY 10022 Telephone No. 212-935-6020 Facsimile No. 212-753-8101 Email Address: jbjacobs@kleinzelman.com

SO ORDERED, ADJUDGED, AND QECREED,

Signed this tD day of (V\wc:A.A , ZOOS

~

'

/s/
~~ HON.MMONE~~-==

10

PPH.OO.BNOEX: [07810&'.215330, -B8R63O8OKLYNFNAEXW: (7Y1O6Rl&K$71-1e2o8016
EXHWITA

March 6, 2008

Dear

Former I

Employee

of

Books

for

Less;

bbtimeetlieteevrneofAowtrsh.~Ertt•Wovwueereykronhenoagewvreet,otBdtphoouanottektthhfaoiesnrysblteihetusihnasfgntidohtonausvsh.ibaoeslaectneomltnheelittilgoaawtht,ioiswn.eaWhniadthvwtehhedileeEcEwidOeedCdotfhonarotstIot mIse

cucuahonrttadm«BreeoiptrroaglgakboToisnloeaytfc<~tNph•e'drrag,olLt.taiooe,neenstinsesznduJ.Ma,rntteiWwt.ormeaene~lnnsaa.ditnnrregelnwi8nInAMr~istthaaitnietstgusmtleitneooganntrteaealGalpnsyfod.aoliluGclWyotafeao3bomogaruilrpmleitln.fsnmasoattstmtshloo.eandr.A&aoslAnxl scalelmlttmiminnepgganlnotdbayteohegvoaeeektsrlssoinwptwcoWmluillednetss a

Books

WforeLheospseathsatrtotnhgroeurgchomthpeasneyeaffnodrtsb,eattlel ropf luascecaton

work togett'o\er work.

to

make

Very truly yours,
:P(~:?.?
Michael Shmuely

11

U.S. BQUAL liiKE'LO!NII.NT OPPOR'l'ONI~!' COMMISSION Haw York Dietr~ot O~f~oe

EXHIBITS
NQ'fiCI TQ ALL QIPWXUi.QF BQA¥fi,IOA.I&A.LLC
This notice is posted pW'Suant to a Consent Decree entered into by and among:
Books For Les~, LLC, Books For Less, Inc. and the U.S. Equal .Employment
Opportunity Ccmmission ("EEOC"), in resolution of Case No. 06-CV-4577 filed by EEOC in tht' United States District Court for the Eastern District of New York. EEOC's CompJaint alleges that Books For Less, LLC discriminated against employees beceuse of their race, and/or their sex and that Books For Less LLC retaliated againHt employees who opposed di$crlmination or filed charges of discrimination.

Federallaws pre)hibit employers from discriminating against applicants and employees basei on national origin, religion, race, color, sex, age or disability. Defendant agre~:s that it will not discriminate against any individual on any prohibited basis under federal employment discrimination law. Defendant will not retaliate against any individual who tiles a complaint of discrimination, or otherwise opposes discrimination.

Detendant has iinplemented an Equal Employment Opportunity and AntiHarassment Policy and has distributed this Policy to aJI of its employees.
Defendant has a so agreed to provide training to all supervisors, managers and
employees regarding their rights and responsibilities with respect to issues of workplace discrimination.

Should you have any complaints of discrimination, you may also contact EP Advisors at toll-free number: 877-368-1031, dial9 and then dial ext. 20.1 or by email at: heaune @,epadyisors.com, or you may contact:

Equal Employment Opportunity Commission ('~EEOC")

1-800-669-4000

.

Website: www.eeoc.gov

THIS IS AN OFFICIAL NOTICE AND SHALL NOT BE DEFACED BY ANYONE
This notice must remain posted for four years from date of posting,. until
March 7, 2012.

Michael Shmuel ,~WBI~~
12

EXHIBITC

BOOKS FOR LESS LLC- POLICY SUMMARY ANTI-:QISCRIMINATION POLICY& PROCEDURES

EQUAL EMfLOXMENT OPPORTUNITY POLICY
Books For Less, LLC is committed to a work environment in which all individuals are treated with
respect and dignity, free from all forms of unlawful discrimination. It is our policy to ensure equal
employment opportunity for all persons without discrimination on the basis of race, color, religion, national origin, age, sex, disability, veteran status, sexual orientation, marital status or any other basis prombited under law. This policy applies to all employment ·pmetices suell as hiring, training, promotion, compensation, discipline and termination. We will endeavor to make a reasonable accommodation to the known physical or mental impairments of a qualified applicant or employee with a disability, unless the accommodation would impose an undue hardship to the business. We will also make accommodations to religious practices unless doing so would create an undue burden.

ANTI-HARASSMENT POLICY
Every employee has the right to work free of sexual harassment or harassment based on any other characteristic as stated above. 1bis policy prohibits harassment of employees, applicants or guests and prohibits harassment by outsiders, including customers, contractors or suppliers. Sexual harassment may include (a) unwelcome sexual advances, (b) request for sexual favors, or (c) other verbal comments, gestures or physical actions of a sexual nature. This policy refers to physical conduct and to verbal requests, demands, discussions or comments. 1bis .policy applies equally to men and women, to same and opposite sex relationships, to supervisor-subordinate relationships, and to co-worker relationships.

COMPLAINT PROCEDURE
Any employee who finds another person's behavior to be offensive may directly inform such other person that the conduct is offensive and must stop.

Any employee who believes that he or she has been harassed, discriminated against or retaliated against should report it to EP Advisors at toll free number: 877-368-1031, dial 9 and then. dial ext. 201. The complaint will be investigated and the complainant will be notified of the outcome of the investigation within a reasonable time period. As far as possible during the investigation the complaint will be kept confidential. If the complaint has merit, the company will take corrective action including disciplinary action, up to and including termination of employment.

RETALIATION
Retaliation against an individual for reporting discrimination or harassment, assisting in providing information for a claim, or otherwise opposing discrimination violates the law and will be treated with the same seriousness and strict discipline as would discrimination or harassment.

13

EQUAL EMPLOYMENT OPPORTUNITY/POLICY PROHIBITING WORKPLACE HARASSMENT

Books For Less, LLC (the "Company") is committed to a work environment in which all individuals are treated with respect and dignity, free from all forms of unlawful discrimination,
harassment, and retaliation.

A. Equal Employment Opportunity

At our Company, we value diversity among our employees. It is the policy of the Company to ensure equal employment opportunity for all persons without discrimination on the basis of race, color, religion, national origin, age, sex, disability, veteran status, sexual orientation, marital status or any other basis prohibited under federal, state or local law. This policy of equal employment opportunity applies to all employment practices including, but not limited to, recruiting, hiring, promotion, training, discipline and compensation. The Company will endeavor to make a reasonable accommodation to the known physical or mental impairments of a qualified applicant or employee with a disability, unless the accommodation woUld impose an undue hardship on the
operation of our business.

B. Prohibition of Workplace Harassment

Sexual harassment, or harassment based on any characteristic prohibited by law (including an employee's race, color, religion, national origin, sexual orientation, age or marital, veteran or disability status) violates the law, has no place in the work environment, and is strictly prohibited. It is Company policy that every employee has the right to work free of harassment, sexual or otherwise. This policy prohibits harassment of employees, applicants or guests by supervisors or non-supervisory employees. Harassment of employees or applicants by outsiders, including customers, contractors, suppliers and their employees who may have business with the Company is also prohibited and, depending on the Company's degree of control over such persons, the
Company may take action consistent with this policy.

1. Sexual Harassment Prohibited

The following conduct constitutes sexual harassment and will not be tolerated:

Any (a) unwelcome sexual advances, (b) request for sexual favors, or (c) other verbal

comments, gestures or physical actions of a sexual or otherwise offensive nature, under any of the

following circumstances: (a)

Coercing an individual to submit to such conduct as a term or condition of employment. This would include, but not be limited to,

explicit or implicit promises, that in return for sexual favors, an

individual will receive career advancement, or improvement in terms

of work conditions or benefits of employment (e.g., evaluations,

promotion, transfer, training, awards, compensation, assigned duties,

etc.).

14

(b) Using an individual employee's submission to or rejection of such conduct as the basis for an employment-related decision. This would include, but not be limited to, explicit or implicit threats that the
· employee's career or any terms, conditions or benefits of employment will be adversely affected if sexual advances or requests for sexual favors are rejected (e.g., non-promotion or transfer, reassignment to a less desirable position/location/work schedule, etc.).
(c) Unreasonably interfering with an individual employee's work performance or creating an intimidating, hostile, or offensive working environment, whether intentiODally or nat. O&nsi:v:e conduct covered by this last category would include, but not be limited to, deliberately provocative behavior, unwelcome sexual flirtations, advances or propositions, abusive language or gestures, overtures or statements of a sexual nature, unnecessary touching (e.g., patting, pinching, hugging, brushing up against another employee's body), graphic or verbal commentaries about an employee's body, sexually suggestive or explicit jokes, a display in the workplace of sexually suggestive objects or pictures (e.g., calendars, posters), the use of sexually degrading comments, or offensive nonverbal behavior (e.g., leering or staring).
This policy refers not only to physical conduct, but also to verbal requests, demands, discussions or comments, whether they are face to face, in writing, delivered electronically or on the telephone. This policy applies equally to men and women, to same and opposite sex relationships, to supervisor-subordinate relationships, and to peer relationships.
2. Other Forms of Harassment Prohibited
Offensive conduct that is based upon any other protected characteristic is equally unacceptable and prohibited. This type of conduct includes, but is not limited to, jokes or comments, a workplace display of offensive materials, the use of degrading language, the
inappropriate use of e-mail, etc., where such conduct is based upon an individual's race, color,
creed, religion, national origin, sex, sexual orientation, age, pregnancy or marital, veteran or disability status or other protected characteristic.
3. Employee Responsibility
Company personnel are urged to assist in preventing or eliminating workplace harassment by:
(a) Supporting the Company's policy against workplace harassment, including sexual harassment;
(b) Examining his or her behavior in the workplace;
(c) Identifying and taking individual action to stop inappropriate behavior by
15

communicating directly and immediately with the person(s) whose behavior is offensive to you, if you are comfortable doing so; and
(d) ·Informing the person's immediate supervisor or Human Resources regarding the matter.
C. Complaints
Any employee who finds anather person's behavior to be offensive and who is comfortable doing so may directly inform such other person that the conduct is offensive and that it must stop. In any event, eJ.t,lp~oyees also are encouraged to use this co.:p.pl3W,tptn~•e ei~ initially or in the event the offending ponduct does not stop. Any employee who believes that he or she has been harassed, discriminated'or retaliated~against in violation of this policy by any employee, supervisor, or any other person in connection with employment with the Company, should follow the procedures outlined below without fear of retaliation and, to the maximum extent possible, with an assurance of confidentiality and discretion, consistent with our ability to conduct an investigation of the complaint. If the· complaint has merit, the Company will take corrective action. Violators of this policy will be subject to disciplinary action, up to and including unpaid suspension and/or termination of employment.
1. Procedure1
(a) An employee who believes that he or she has been subject to discrimination, harassment(sexual or otherwise), or retaliation should report the incident immediately to Diane Pfadenhauer at EP Advisors at 877-368-1031. dial9 and then. dial ext. 201.
(b) Immediate reporting by employees of any instance of discrimination, harassment, or retaliation will enable the Company to investigate and resolve any problem promptly, effectively, and fairly. All reported allegations of discrimination, harassment, or retaliation will be investigated. The investigation may include individual interviews with the people involved and, where necessary, with individuals who may have observed the alleged conduct or may have relevant information. Under no circumstances shall the person responsible for the alleged violation participate in conducting the investigation. The question of whether a particular action or incident is prohibited requires a determination based on all of the facts available in the
1 We encourage our employees to utilize this internal complaint procedure to resolve complaints. However, in addition to the Company's internal complaint procedure, employees may file charges of unlawful harassment or discrimination with the federal Equal Employment Opportunity Commission (EEOC) and state agencies within their states. A complaint must be filed with the EEOC usually within 300 days ofthe harassment/discrimination, although there are some circumstances where filing is required in shorter time frames. State agencies may have different deadlines. Please note, however, that these deadlines run from the date of alleged harassment/discrimination and do not run from the date that any internal complaint to the Company is resolved.
16

matter. It is incumbent upon the person investigating the complaint to ensure that the alleged incident and the investigatory process are appropriately documeuted.
(c) Upon completion of the investigation, the matter will be reviewed with appropriate senior management of the Company and a decision
:~:=) =~~~r~;'r!i,r~aiser::mployee.
It is the Company's goal to reach a decision as pmmptly as possible.
(d) Once a deQision or ~wcma~"'''~.-.m~e with
paragraph (c) above, the Company shall inform the aggrieved employee and the responsible individual(s), to the extent appropriate.
2. Confidentiality
Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate, consistent with the Company's ability to conduct an investigation. All records and data assembled in connection with the investigation of the complaint shall be kept separate and apart from the relevant individuals' personnel files. Any record of disciplinary action resulting ftom a co~ of diSGiiniitmtion, h.arassment, or ~tion s:Ull be included in the personnel file ofthe4troiptmed em~Jroyee(s). in altltion, in order to minimize neet1Iess rumors and other adverse conseq)lences, any employee briD;Jing a complaint, or assisting in the investigation of a complaint, should use his or her best efforts to keep the complaint and investigation process strictly comdential, except to the extent necessary to pmsue the complaint.
D. Protection Against Retaliation
Retaliation against an individual for reporting discrimination or harassment, or assisting in providing information relevant to a claim ofdiscrimination or harassment, is a serious violation of this policy and will be treated with the same strict discipline as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated and handled in accordance with the above complaint procedure.
E. False Or Malicious Accusations
Knowingly false or malicious complaints of discrimination, harassment, or retaliation, as opposed to complaints which, even if erroneous, are made in good faith, may be the subject of appropriate disciplinary action, up to and including unpaid suspension and/or termination of employment.
17

PP.HOO.B~O:X[01610&126330.-B8R83O8OKLYNFNAEXW: [7Y1O8R)8K611-16026015
EXBIBITD

March 6, 2008

Dear BFL Hmployee:

pndoeisxloitcrymim.oEinnntahctlooansUe. doWfyyoeouautwwBiliFlllLfirnaedrceeaidvceeoeptprylayioncfion8mgFmaLbi'otstuentdetwhtoepstehoeliisscesyupeaosgliaacininedssta.hbTaorouatstoshmuatreesnnptdea,cniidfnicthe

and

a

It is better

our hope that we place to work.

oan

all

work

together

to

make

BFL

and

strongew

company

~ -;:?-·- tru y yours,

~-#'7V§;r//&

tA:'.

.

-

/' "'

.-4"
~:<~.L:--:·'·-:~·-~_.·...-,...·-.--··.·::>;,

Michael Schmue.ly

18

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

New York Dlltrkt OfDce

l3 WhitdtltJ Street, ,.,. 'Floor

New~,lllfc¥ UXlfM,lUZ

For Gencrallnfonnation: (800) 669-400()

TTY: ('tCJO}o669..6820

District Ollite: (lll) 336·3721

Oenetal FAX: (212) 336·3625

March 7, 2008

Dear current employees ofBooks For Less, LLC:

The United States Equal Employment Opportunity Commission ("EEOC") is the federal

government agency reapoosible for enforcing laws relating to employment discrimination. As you may he aware, 011 Aupst 24. 2006, tbe New York offtcc of1he EE.OC filed a lawsuit against
Book$ Far lAss oa bdalfof~yeea wbo kousltt cWaes ofdiscrim.iuation based on their
aex (female.) and/or race (black). MOC also tlted dais lawsuit on behalfofemployees who state

they were retaliated apiast for complaini.ns about discriminatory treatment and/or filing Charges
ofDiscrir.ltiraatio, aatto.- ~with EEOC. The lawsuit was resolved by EEOC and BFL

in Mardl3001en ..-re/Qlltr 10 ~BPL employees. We thank these employees for

rai$qso...,~--,,tbatwiB.aowiW•rw~y ~ aUheBFL

.

wodq*lees. Without~ tlte alteptions. IJPL vohlmarily agreed to resolve this lawsuit.

EBOC 8pJ)reclates IFL's ~to iustitute aew policies and~ that promote equal

employment in the workplaoe.

One goal ofthis lawsuit was to prevent ft.tture hara&smem, discrimina&ion and retaliation
at BFL tbroulb cbtqea in t1le ~Y· 'l'bae dlanpJ inehlde providins equal employment
and anti~ination tr.ainiDg 1br d:te owaer aa4atl du: maDIOfS and employees and distrilNti»gthese type& ofpolicies. Asecond pal ofthis lawsuit was for employees to have clear complaint procedures ifttaey ~l they • fuiag barasament or discrimination. As such, employees are being inlormed throuah BFL's • .., pelicies that they may bring discrimination
complaints to If AtY.ilm at toll-free number~ 177·368-lOJJ. jal9 Q1en dial ext. 201. Please
note ibat all complaints will be in~ aacl omployeee will be intbnned of the outcome of the complaint in a tim.e)y manner. Amy such complaints will be reported to EEOC by BFL for monitoring purposes for four years. You may also contact EEOC directly reprdin¥ your complaints at 8Q0=669·400Q though you are encouraged to first bring your complaint to EP Advisors.

Finally, EEOC's lawsuit should educate emplo~ and employers about their rights and responsibilities. including the law apinst retaliation. It is critical that employees are aware that BFL is not allowed to retaliate against any employee for bringing a complaint of harasament or discrimination, for filing a Charge with BEOC, or cooperatiRS in any EEOC investigation or lawsuit. Please note that it is a serious violation of federal law for BFL or any employer to discourage you. threaten you or otherwise interfere with your right to oppose discrimination. You have the right to file an internal or external complaint, assist others who may want to file and give support for someone else's charge. or otherwise stand up against discrimination. We hope that your employment with BFL will be a positive experience for you.

19

~\LLa Ms. Sunu P. Chandy

EXHIBITF SETTLEMENT AMOUNTS/ SCHEDULE OF PAYMENTS NOTE: THIS DOCUMENT IS FILED UNDER SEAL
20

P.O.BOX 05G\6S,SROOKLVN NEW VORl< 11206

PHONe: [718_-2ao.a&38

FAX; [718)867-5061

EXHIBITG

March 6, 2008

To Whom ·rhts May Concern:

from

Thiu Is to conflnTI that Christina Rush
July 26, 2005 ro February 1I 2006.

was

employed

by

Books

for

Less,

LLC,

21
:~ '

 
 Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 1 of 9
U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:06−cv−04577−RER

CLOSED

Equal Employment Opportunity Commission v. Books for Less, Date Filed: 08/24/2006

LLC et al

Date Terminated: 03/10/2008

Assigned to: Magistrate Judge Ramon E. Reyes, Jr

Jury Demand: Plaintiff

Cause: 42:1981 Civil Rights

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff

Equal Employment Opportunity Commission

represented by Stella Natsue Yamada E.E.O.C. 33 Whitehall Street 5th Floor New York, NY 10004 212−336−3689 Fax: 212−336−3623 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sunu P. Chandy Equal Employment Opportunity Commission 33 Whitehall Street 5th Flr. New York, NY 10004 212−336−3706 Email: sunu.chandy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Books for Less, LLC

represented by Ellen Storch Kaufman Dolowich Voluck & Gonzo LLP 135 Crossways Park Drive Suite 201 Woodbury, NY 11797 516−681−1100 Fax: 516−681−1101 Email: estorch@kdvglaw.com LEAD ATTORNEY
Jane Blair Jacobs Klein Zelman Rothermel Jacobs & Schess LLP 485 Madison Avenue 13th Floor New York, NY 10022 212−935−6020 Fax: 212−753−8101 Email: jbjacobs@legal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven K. Weiss Thelen Reid Brown Raysman & Steiner 900 Third Avenue New York, NY 10022 (212) 895−2000

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 2 of 9

TERMINATED: 06/19/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Books for Less, Inc.

represented by Ellen Storch (See above for address) LEAD ATTORNEY

Jane Blair Jacobs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam C. Weiss The Law Firm of Adam C. Weiss, PLLC 3 School Street, Suite 303 Suite 303 Glen Cove, NY 11542 646−489−0059 Fax: (516) 759−2556 Email: adam@acweisslaw.com TERMINATED: 10/09/2007

Date Filed 08/24/2006 08/24/2006 10/20/2006 10/23/2006 11/13/2006 11/22/2006 11/30/2006 12/05/2006
12/22/2006 01/04/2007 01/08/2007

# Docket Text
1 COMPLAINT against Books for Less, LLC, Books for Less, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Tzou, Ilene) (Entered: 08/24/2006)
Summons Issued as to Books for Less, LLC, Books for Less, Inc.. (Tzou, Ilene) (Entered: 08/24/2006)
2 First MOTION for Extension of Time to File a Response to the Complaint by Books for Less, LLC. (Weiss, Steven) (Entered: 10/20/2006)
ORDER granting 2 First Motion for Extension of Time to File Answer filed by Weiss, Steven for deft. Books For Less. Answer due 11/15/06.Ordered by JudgeRamon E. Reyes Jr. on 10/21/06.(Vertus, Miriam) (Entered: 10/23/2006)
3 MOTION to Dismiss Letter requesting conference to propose submission of a motion to dismiss by Books for Less, LLC. (Weiss, Steven) (Entered: 11/13/2006)
4 RESPONSE in Opposition re 3 MOTION to Dismiss Letter requesting conference to propose submission of a motion to dismiss filed by Equal Employment Opportunity Commission. (Yamada, Stella) (Entered: 11/22/2006)
5 NOTICE by Books for Less, LLC, Books for Less, Inc. of Firm Merger and Name Change dated November 28, 2006 (Finger, Joel) (Entered: 11/30/2006)
6 SCHEDULING ORDER:Pre Motion Conference set for 1/8/2007 at 11:00 AM in courtroom 6D South before Judge Nina Gershon. All parties involved in the action are directed to appear at this conference, whether or not they are involved in the proposed motion(s). The parties are reminded to adhere to the Individual Motion Practices of Judge Nina Gershon which are attached. So Ordered by Judge Nina Gershon on 12/5/2006. (Joe,Victor) (Entered: 12/05/2006)
7 Letter Regarding Upcoming Court Conference by Equal Employment Opportunity Commission. (Yamada, Stella) (Entered: 12/22/2006)
8 Letter in Response to Letter Submitted by the EEOC by Books for Less, LLC (Weiss, Steven) (Entered: 01/04/2007)
12 Minute Entry for proceedings held before Nina Gershon : Pre Motion Conference held on 1/8/2007. Counsel for parties present. Case called. Pre Motion Conference held. Parties are directed to contact Magistrate Judge Reyes to schedule a settlement

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 3 of 9

01/09/2007 01/10/2007
01/12/2007 01/12/2007
01/16/2007 01/17/2007
01/19/2007 01/19/2007 01/19/2007 01/25/2007 01/30/2007 02/02/2007

conference. (Clarke, Melonie) (Entered: 01/17/2007)
9 Letter to Magistrate Judge Requesting Settlement Conference by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 01/09/2007)
SCHEDULING ORDER:Settlement Conference set for 2/2/2007@ 10:15 AM in Courtroom A, North Wing on the 2nd floor before Magistrate−Judge Ramon E. Reyes Jr..Parties with full settlement authority must be present at the conference, or be available directly by telephone from 10:15 a.m. to 11:15 a.m..Parties must submit Confidential Settlement Letters (minimum of five pages, single spaced) via faxed to chambers by 3 business days 1/26/07. Said letters must detail the parties settlement efforts to date, the amounts of the latest demands and counter offers, the legal and factual bases for the settlement, and the parties respective bottom lines.Plaintiffs counsel is directed to confirm with defendants counsel that all necessary participants are aware of this conference. Absent exigent circumstances, requests for adjournment will not be considered unless made in writing and received at least forty−eight(48)Ordered by Judge Ramon E. Reyes Jr. on 1/10/07. (Vertus, Miriam) (Entered: 01/10/2007)
10 First MOTION to Adjourn Conference Letter requesting adjournment of settlement conference by Books for Less, LLC. (Weiss, Steven) (Entered: 01/12/2007)
ORDER granting in part 10 First MOTION to Adjourn Settlement Conference from February 2, 2007 to March 2,2007 at 11:30 a.m. filed by Books for Less, LLC. (Weiss, Steven).The Telephone Conference set for January 17, 2007 at 10:30 a.m.; to be initiated by defense will address defendant's request to have the Charging Parties present at the settlement conference.Ordered by Judge Ramon E. Reyes Jr. on 1/12/07.(Vertus, Miriam) (Entered: 01/12/2007)
11 Letter to Magistrate Reyes regarding upcoming conference by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 01/16/2007)
13 Minute Entry for proceedings held before Ramon E. Reyes Jr.: Status/(Telephone) Conference held on 1/17/2007. Stella Yamada,Esq.,Robert D. Rose, Esq. for plaintiff and Steven K. Weiss, Esq. for defendant. Defendants to provide contact information for all current and former employees from 12/04 to present within two weeks. Parties to meet and confer on settlement at least once (for two hours) before the next conference with the court. A settlement conference will be held on 3/2/07 at 11:30 a.m. absent request for adjournment. Charging Parties need not appear. Confidential settlement letters are due on 2/23/07 instead of 1/26/07 via fax only as stated in the previous scheduling order dated 1/10/07. (ESR/Tape:#07/10 (0−3358).)(Vertus, Miriam) (Entered: 01/17/2007)
14 Letter requesting permission to Amend Complaint by Equal Employment Opportunity Commission (Attachments: # 1 Stipulation# 2 Amended Complaint) (Yamada, Stella) (Entered: 01/19/2007)
ORDER re 14 Letter filed by Equal Employment Opportunity Commission. Plaintiff's request is granted. The amended complaint may be filed forthwith. Ordered by Judge Ramon E. Reyes Jr. on 1/19/07. (Reyes, Ramon) (Entered: 01/19/2007)
15 AMENDED COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission. (Yamada, Stella) (Entered: 01/19/2007)
16 Letter requesting Court intervention by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 01/25/2007)
17 Letter opposing Plaintiff's request for the Court's intervention by Books for Less, LLC (Weiss, Steven) (Entered: 01/30/2007)
ORDER re 16 Letter filed by Equal Employment Opportunity Commission, 17 Letter filed by Books for Less, LLC. The Court construes plaintiff's January 25, 2007 letter to be a request for preliminary injunctive relief. The parties are hereby ordered to contact chambers to schedule a preliminary injunction hearing, at which all witnesses to the alleged continuing harassment/retaliation will be required to appear. Defendants will also be required to have their witnesses present at the hearing. Following the hearing the Court will issue a report and recommendation to Judge Gershon regarding the requested injunctive relief. Ordered by Judge Ramon E. Reyes Jr. on 2/2/07. (Reyes,

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 4 of 9

02/05/2007 02/13/2007 02/13/2007 02/16/2007 02/20/2007 02/21/2007
02/26/2007 03/05/2007
03/07/2007 03/15/2007
03/19/2007 03/19/2007
03/19/2007 03/26/2007

Ramon) (Entered: 02/02/2007)
18 ANSWER to Amended Complaint by Books for Less, LLC. (Weiss, Steven) (Entered: 02/05/2007)
19 STIPULATION Limiting Defendant's Contact with Claimants in this Matter by Equal Employment Opportunity Commission (Rose, Robert) (Entered: 02/13/2007)
20 ORDER grantingre 19 STIPULATION Limiting Defendant's Contact with Claimants in this Matter filed by Equal Employment Opportunity Commission (Rose, Robert). So Ordered by Judge Ramon E. Reyes Jr. on 2/13/07. (Vertus, Miriam) (Entered: 02/13/2007)
21 Letter seeking the Court's intervention by Books for Less, LLC (Weiss, Steven) (Entered: 02/16/2007)
22 Letter In Opposition to Defendant's Feb. 16, 2007 Letter Requesting Various Relief by Equal Employment Opportunity Commission (Rose, Robert) (Entered: 02/20/2007)
ORDER re 21 Letter filed by Books for Less, LLC. Defendants' request for "court intervention" is denied in its entirety. First, the letter fails to comply with Judge Reyes's individual rules of practice, which require that all requests for court intervention be filed as "motions" and not "letters." See Rule II.B. Second, the request for intervention itself lacks merit for the reasons stated in plaintiff's response. Ordered by Judge Ramon E. Reyes Jr. on 2/21/07. (Reyes, Ramon) (Entered: 02/21/2007)
23 Letter requesting a pre−motion conference to file Motion to Strike Affirmative Defenses by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 02/26/2007)
24 Minute Entry for proceedings held before Ramon E. Reyes Jr.: Settlement Conference held on 3/2/2007.Appearances for plaintiff: Stella N. Yamada,Esq.,and Robert D. Rose,Esq..Steven K. Weiss, Esq., Jean L. Schmidt,Esq. and Robert I. Satran,Esq for the defendants. Discussions held. See attached minute calendar for deadlines. A settlement conference will be held on 5/25/07 at 11:00a.m.,all parties with their clients or an attorney with full authority must be present.(Tape #11:32:06 − 1:02:57.) (Vertus, Miriam) (Entered: 03/05/2007)
25 Letter in response to Plaintiff's request for a pre−motion conference by Books for Less, LLC (Weiss, Steven) (Entered: 03/07/2007)
ORDER re 23 Letter filed by Equal Employment Opportunity Commission, 25 Letter filed by Books for Less, LLC. The court is in receipt of the parties' letters regarding a pre−motion conference to discuss plaintiff's proposed motion to strike affirmative defenses from defendants' answer. A pre−motion conference is not necessary. The parties should attempt to agree on a briefing schedule to commence after the May 25, 2007 settlement conference before Magistrate Judge Reyes. Ordered by Judge Nina Gershon on 3/15/07. (O'Neill, Melissa) (Entered: 03/15/2007)
26 MOTION for Discovery for form of confidentiality stipulation related to the production of certain confidential information by Books for Less, LLC. (Weiss, Steven) (Entered: 03/19/2007)
SCHEDULING ORDER: Telephone Conference set for 3/23/2007 at 12:15 AM re 26 Motion for discovery for form of confidentiality stipulation related to the production of certain confidential information filed by Books for Less, LLC before Magistrate−Judge Ramon E. Reyes Jr..Defendant's counsel for Books for Less,LLC to initiate the call.. Ordered by Judge Ramon E. Reyes Jr. on 3/19/07. (Vertus, Miriam) (Entered: 03/19/2007)
27 Letter in response to Defendants' Letter concerning Confidential Stipulation by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 03/19/2007)
Minute Entry for proceedings held before Ramon E. Reyes Jr.: Telephone Conference held on 3/23/2007. Stella Yamada and Robert Rose for EEOC, Steven Weiss for defendants. Proposed protective order discussed. Parties to inform chambers by 3/30/07 whether proposed revision to paragraph suggested by Judge Reyes is acceptable. If it is, parties to resubmit revised order at that time. If not, further

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 5 of 9

03/27/2007 04/03/2007 04/09/2007 04/09/2007 04/10/2007 04/13/2007 04/19/2007 04/20/2007 05/08/2007 05/24/2007
05/31/2007 06/01/2007
06/18/2007 06/19/2007 06/27/2007

conference will be scheduled or the court may enter a protective order sua sponte. (Court Reporter none.) (Reyes, Ramon) . (Entered: 03/26/2007)
28 Letter regarding proposed Confidentiality Order by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 03/27/2007)
29 Letter regarding confidentiality stipulation by Books for Less, LLC (Weiss, Steven) (Entered: 04/03/2007)
30 ORDER granting in part and denying in part 26 Motion for Discovery. Ordered by JudgeRamon E. Reyes Jr. on 4/9/07. (Reyes, Ramon) (Entered: 04/09/2007)
31 MOTION for Reconsideration re 30 Order on Motion for Discovery by Books for Less, LLC. (Weiss, Steven) (Entered: 04/09/2007)
32 Letter in opposition to Defendants' Motion for Reconsideration by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 04/10/2007)
ORDER denying 31 Motion for Reconsideration for the reasons stated in the Letter filed by Equal Employment Opportunity Commission 32 . Ordered by JudgeRamon E. Reyes Jr. on 4/13/07. (Reyes, Ramon) (Entered: 04/13/2007)
33 Letter requesting Court's assistance on scheduling dispute by Equal Employment Opportunity Commission (Yamada, Stella) (Entered: 04/19/2007)
ORDER granting re 33 Amended Schedule Letter filed by Equal Employment Opportunity Commission( see doc.# 33 for deadlines). Ordered by Judge Ramon E. Reyes Jr. on 4/20/07. (Vertus, Miriam) (Entered: 04/20/2007)
34 NOTICE of Appearance by Sunu P. Chandy on behalf of Equal Employment Opportunity Commission (aty to be noticed) (Chandy, Sunu) (Entered: 05/08/2007)
ORDER. A multi−purpose conference/hearing will be held on June 21, 2007 at 11:30 a.m. in Courtroom A, North Building, before Magistrate Judge Reyes. The conference/hearing will address the following, in order: 1) the EEOC's motion to disqualify Mr. Satran from participating in these proceedings; 2) settlement; and 3) remaining discovery. Counsel must ensure that all witnesses and relevant parties are present at the conference/hearing. Ordered by Judge Ramon E. Reyes Jr. on 5/24/07. (Reyes, Ramon) (Entered: 05/24/2007)
35 Letter rescheduling the conference scheduled for June 21, 2007 to June 12, 2007 or other convenient date for the Court by Books for Less, Inc. (Weiss, Steven) (Entered: 05/31/2007)
AMENDED SCHEDULING ORDER: The Settlement Conference previously scheduled for 6/21/07 has been adjourned to 6/27/2007 @11:00 AM in Courtroom A, North Wing before Magistrate−Judge Ramon E. Reyes Jr.Ordered by Judge Ramon E. Reyes Jr. on 6/1/07. (Vertus, Miriam) (Entered: 06/01/2007)
36 NOTICE of Consent to Change Attorney by Jane Blair Jacobs (Attachments: # 1 Affidavit Jane B. Jacobs in Support of Order Permitting Substitution of Counsel) (Jacobs, Jane) (Entered: 06/18/2007)
37 ORDER re 36 Notice of Consent to Change Attorney filed by Books for Less, LLC, Books for Less, Inc. So Ordered by Judge Ramon E. Reyes Jr. on 6/19/07. (Vertus, Miriam) (Entered: 06/19/2007)
Minute Entry for proceedings held before Ramon E. Reyes Jr.: Settlement Conference held on 6/27/2007. Parties still too far apart for settlement discussions to be fruitful. Parties urged to continue discussing settlement amongst themselves. In the interim, the Court sets the following discovery schedule: 1) all depositions on corporate structure and interrelatedness must be completed by 9/21/07 (including 30(b)(6) and Rule 45 depositions, and the depositions of Michael Shmuely and Michael Caputo); 2) Plaintiff must serve its motion to amend by 11/9/07 (including service on parties to be added), defendants must serve their oppositions by 11/30/07, and plaintiff must serve its reply and electronically file all motions papers by 12/7/07; 3) fact depositions will commence after decision on plaintiff's motion to amend (most likely in the beginning of January 2008); 4) paper discovery is to commence promptly; 5) all claimants will be added by 11/2/07 absent showing of good cause by EEOC; 6) letter briefs on the

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 6 of 9

07/02/2007 07/03/2007 07/20/2007 07/20/2007 07/23/2007
09/12/2007 09/12/2007 09/14/2007 09/14/2007

Lermer contact issue are to be electronically filed by 7/20/07; 7) parties are to work toward amicable resolution of dispute regarding Mr. Satran's participation in this case and whether he will be deposed (if issue is not resolved amicably parties are directed to contact the court). A further telephone conference will be held on 1/8/08 at 11:15 a.m., at which time the court will set a schedule for the completion of further discovery. (FTR:#(11:11:36− 12:20:09)) (Reyes, Ramon) Modified on 6/28/2007 (Vertus, Miriam). (Entered: 06/27/2007)
38 NOTICE of Appearance by Adam C. Weiss on behalf of Books for Less, Inc. (aty to be noticed) (Weiss, Adam) (Entered: 07/02/2007)
ORDER terminating 3 Motion to Dismiss (Marziliano, August) (Entered: 07/03/2007)
39 Letter Regarding Parties' Contact with Charging Party Lermer by Equal Employment Opportunity Commission (Chandy, Sunu) (Entered: 07/20/2007)
40 Letter by Books for Less, LLC, Books for Less, Inc. (Weiss, Adam) (Entered: 07/20/2007)
ORDER re 40 Letter filed by Books for Less, LLC, Books for Less, Inc. and 39 Letter filed by Equal Employment Opportunity Commission. For the reasons set forth in the EEOC's letter of July 20, 2007, I hereby hold that defendants do not have the right to be present during the EEOC's interviews of Mr. Lermer. Because Mr. Lermer is a FORMER employee, DR 7−104(A)(1) does not prohibit the EEOC from interviewing him outside the presence of defendants' counsel. See, e.g., Niesig v. Team I, 76 N.Y.2d 363, 368 (1990). The arguments in defendants' letter, and the cases upon which they rely, are not to the contrary. To protect against any inadvertent disclosure of attorney−client communications: (1) the EEOC is directed to inform Mr. Lermer not to disclose to it any attorney−client communications, (2) the EEOC shall refrain from seeking to elicit from Mr. Lermer the disclosure of any attorney−client communications, and (3) the disclosure of any attorney−client communications Mr. Lermer may make to the EEOC during these interviews will not be binding upon defendants. Further, because I hold that the EEOC has a de facto attorney−client relationship with Mr. Lermer, defendants counsel shall be precluded from any contact with Mr. Lermer outside the presence of EEOC counsel. I have carefully reviewed the parties' respective submissions and find defendants' arguments to be without merit. I specifically reject defendants' argument that because of his purported "direct stake in the outcome of this litigation," Mr. Lermer will have an incentive to disclose confidential communications. Contrary to defendants' argument, and notwithstanding Mr. Lermer's disclosure of purported confidential financial records and information, and the disclosure of his conversation with counsel for defendants, Mr. Satran, in which he claims to have been retaliated against, Mr. Lermer has yet to disclose any attorney−client communications. The substance of the Satran conversation was not privileged. In any event, the restrictions set forth in this order on the EEOC's interviews of Mr. Lermer will be sufficient to safeguard against the inadvertent or purposeful disclosure of privileged communications. Ordered by Judge Ramon E. Reyes Jr. on 7/23/07. (Reyes, Ramon) (Entered: 07/23/2007)
41 Letter MOTION for Discovery to Compel Production & Testimony & Seeking Discovery Extensions by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 09/12/2007)
42 RESPONSE to Motion re 41 Letter MOTION for Discovery to Compel Production & Testimony & Seeking Discovery Extensions filed by Books for Less, LLC. (Weiss, Adam) (Entered: 09/12/2007)
43 REPLY to Response to Motion re 41 Letter MOTION for Discovery to Compel Production & Testimony & Seeking Discovery Extensions filed by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 09/14/2007)
ORDER granting 42 Letter MOTION to extend filing deadline to 9/18/2007 for response to 41 Letter MOTION for Discovery to Compel Production & Testimony & Seeking Discovery Extensions by Equal Employment Opportunity Commission. Pursuant to the Court's Individual Practice Rule II.B, Books for Less, LLC are hereby instructed to file all requests for court intervention electronically under "Motions" and not "Response.". Ordered by Judge Ramon E. Reyes Jr. on 9/13/2007. (Warshaw, Aaron) (Entered: 09/14/2007)

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 7 of 9

09/18/2007 09/19/2007 09/19/2007
11/29/2007 11/29/2007 12/04/2007 12/06/2007 12/11/2007

44 RESPONSE in Opposition re 41 Letter MOTION for Discovery to Compel Production & Testimony & Seeking Discovery Extensions filed by Books for Less, LLC. (Weiss, Adam) (Entered: 09/18/2007)
45 Letter MOTION for Discovery Seeking Permission to Conduct Depositions on 9/24/07 by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 09/19/2007)
ORDER granting in part and denying in part 41 Motion for Discovery; granting in part and denying in part 45 Motion for Discovery. After reviewing the parties' submissions, the Court sets the following revised discovery schedule: 1) defendant shall produce by 10/9/07 all documents responsive to EEOC's 7/20/07 Rule 30(b)(6) notice, the 7/20/07 notice to depose Michael Shmuely, and the 8/9/07 request for production of documents; 2) defendant shall produce by 10/26/07 a 30(b)(6) witness on corporate structure for a full day of deposition (if the designated witness is Michael Shmuely, the deposition will be for 5 hours); 3) all depositions on corporate structure and interrelatedness (whether by Rule 30(b)(6) or 45) must be completed by 10/26/07; 4) EEOC must serve its motion to amend by 12/7/07 (including service on parties to be added), defendants must serve their oppositions by 12/28/07, and EEOC must serve its reply and electronically file all motions papers by 1/8/08; 5) fact depositions and written discovery on all other issues will commence after the EEOCs motion to add additional parties has been filed; 6) to the extent it has not already done so, defendant is to produce a list of its employees from 1/1/02 to the present, including last known mailing addresses, race and national origin, social security numbers, position, date of hire and date and reason for termination if applicable, no later than 9/28/07; 7) EEOC will have until 11/5/07 to add additional claimants, absent a showing of good cause to extend that date; 8) the Rule 45 depositions of David and Eric Shmuely will take place on 9/24/07, or any other date when all counsel can be present (the parties are directed to multi−track the depositions if necessary). The parties and counsel are advised that the rulings herein will not be amended absent the showing of exceptional cause. The parties and counsel are also advised that their failure to amicably resolve these discovery disputes (as well as the other disputes already ruled upon), reflects negatively upon the Court's assessment of their professional abilities. Ordered by Judge Ramon E. Reyes Jr. on 9/19/07. (Reyes, Ramon) (Entered: 09/19/2007)
46 Letter MOTION for Discovery Providing Status Update & Requesting Discovery Rulings and Entry of Discovery Scheduling Order by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 11/29/2007)
47 SCHEDULING ORDER: Telephone Conference set for 12/6/2007 @ 12:45 PM before Magistrate Judge Ramon E. Reyes Jr. Call to be initiated by EEOC. Purpose of telephone conference is to discuss footnote 2 in the EEOC's letter of November 29, 2007. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/29/07. (Reyes, Ramon) (Entered: 11/29/2007)
48 RESPONSE in Opposition re 46 Letter MOTION for Discovery Providing Status Update & Requesting Discovery Rulings and Entry of Discovery Scheduling Order filed by Books for Less, LLC. (Attachments: # 1 Exhibit A) (Jacobs, Jane) (Entered: 12/04/2007)
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 12/6/2007. All counsel present. Discussions held. Parties to submit a status letter regarding settlement due on 1/4/2008. Defendant to make written counteroffer on settlement within (2)two weeks. (Tape #07/25(1340−2560).) (Vertus, Miriam) (Entered: 12/06/2007)
ORDER granting in part and denying in part 46 Letter MOTION for Discovery. After reviewing the parties' submissions, the Court rules as follows: 1) pursuant to my 9/19/2007 order, defendants shall produce by 12/21/2007 all documents responsive to the EEOCs 7/20/07 Rule 30(b)(6) notice, the 7/20/07 notice to depose Michael Shmuely, and the 8/9/07 request for production of documents; 2) the deadline by which the EEOC is permitted to add new claimants is extended until 2/29/2008; 3) given that defendants are free to associate with local counsel or to appear by telephone or by video conference, the depositions of claimants residing outside of New York shall be taken at the witnesses city of residence unless the parties make other arrangements; 4) defendants do not oppose the EEOCs request to depose Robert Satran except as to privileged information, thus that deposition shall go forward; 5) pursuant

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 8 of 9

12/11/2007 12/11/2007 12/12/2007 12/19/2007 12/28/2007 01/02/2008
01/07/2008 01/08/2008 01/14/2008 01/14/2008 02/01/2008
02/13/2008

to Fed. R. Civ. P. 26(c)(5), Michael Shmuely shall not be in the room during the depositions of current employees, although he may be present in the hallway or on the premises; 6) the deadline to complete all discovery shall be 6/30/2008. The parties are reminded that a status letter regarding settlement is due on 1/4/2008 and that a telephone conference is scheduled on 1/8/2008 at 11:15 AM, call to be initiated by plaintiff. Another telephone status conference is set for 3/28/2008 at 10:30 AM, call to be initiated by plaintiff; and an in−person final pre−trial conference is set for 7/2/2008 at 10:00 AM. Should the parties determine that expert discovery is warranted, they may make a motion to extend discovery and to adjourn the final pre−trial conference to a later date. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/11/07. (Reyes, Ramon) (Entered: 12/11/2007)
49 MOTION for Extension of Time to File Joint Status Report by Books for Less, LLC. (Jacobs, Jane) (Entered: 12/11/2007)
ORDER granting 49 Motion for Extension of Time to File Status Report until 1/11/2008 and the date for the parties to meet is extended until 1/4/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/11/2007. (Vertus, Miriam) (Entered: 12/11/2007)
NOTICE of Hearing Changed: Telephone Conference currently scheduled for 1/8/2008 has been adjourned to 1/18/2008 at 10:00 AM, call to be initiated by plaintiff before Magistrate Judge Ramon E. Reyes Jr.. (Vertus, Miriam) (Entered: 12/12/2007)
ORDER granting defendant an extension to produce documents pursuant to my 12/11/2007 and 9/19/2007 orders. Defendant shall produce documents by 12/28/2007. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/19/2007. (Warshaw, Aaron) (Entered: 12/19/2007)
50 MOTION for Discovery by Books for Less, LLC. (Attachments: # 1 Exhibit Employment Discrimination Report) (Jacobs, Jane) (Entered: 12/28/2007)
ORDER denying 50 Motion for Discovery. Defendants' motion is denied. Nevertheless, defendants are hereby permitted to provide the EEOC with subpoenas for documents and depositions from the charging parties, and the EEOC in turn is ORDERED to serve the subpoenas on the charging parties within 5 business days. The charging parties will then be obligated to respond to the subpoenas. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/2/08. (Reyes, Ramon) (Entered: 01/02/2008)
51 Letter MOTION to Adjourn Conference (1/18/08 telephone conference) from all parties and to schedule in−person conference on 1/15 or 1/17 by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 01/07/2008)
ORDER granting 51 Letter MOTION to Adjourn Conference (1/18/08 telephone conference) from all parties and to schedule in−person Settlement Conference on January 30, 2008 at 10:15 a.m. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/8/2008. (Vertus, Miriam) (Entered: 01/08/2008)
52 First MOTION to Adjourn Conference by Books for Less, LLC. (Jacobs, Jane) (Entered: 01/14/2008)
ORDER granting 52 Motion to Adjourn Settlement Conference from 1/29/2008 to 2/1/2008 at 3:00 p.m.. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/14/2008. (Vertus, Miriam) (Entered: 01/14/2008)
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Settlement Conference held on 2/1/2008. Sunu P. Chandy and Elizabeth Grossman for plaintiffs. Jane Blair Jacobs for defendants. Michael Shmuely also in attendance for defendants. Discussions held. A further settlement conference is scheduled for February 14, 2008 at 11:30 AM before Magistrate Judge Ramon E. Reyes, Jr. Mr. Shmuely to appear at conference by telephone, all others to appear in person. (Tape #03:22:56−05:43:47.) (Warshaw, Aaron) (Entered: 02/01/2008)
53 Joint MOTION to Adjourn Conference scheduled for 2/14/08 by Equal Employment Opportunity Commission. (Chandy, Sunu) (Entered: 02/13/2008)

Case: 1:06-cv-4577 As of: 05/24/2017 12:44 PM EDT 9 of 9

02/13/2008
02/22/2008 02/27/2008 02/27/2008 02/28/2008 03/03/2008
03/04/2008 03/10/2008 03/10/2008 03/10/2008 02/18/2009 02/18/2009 02/18/2009 02/26/2009 03/20/2009

ORDER granting 53 Joint MOTION to Adjourn Conference from 2/14/08 to 2/27/2008 at 2:45 PM. The scheduled settlement conference will go forth only if deem necessary by the parties otherwise a joint status report will be filed via ECF. March 7, 2008 is the deadline for the parties to submit the proposed Consent Decree in this matter for the Court's review and signature. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/13/2008. (Vertus, Miriam) (Entered: 02/13/2008)
54 STIPULATION /Parties Consent to Magistrate Judge Trial by Equal Employment Opportunity Commission (Chandy, Sunu) (Entered: 02/22/2008)
55 First MOTION to Adjourn Conference by Books for Less, LLC. (Jacobs, Jane) (Entered: 02/27/2008)
ORDER granting 55 Motion to Adjourn Conference. Telephone Conference has been adjourned to 3/3/08 @3:30 PM. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 2/27/08. (Rivera, Marta) (Entered: 02/27/2008)
56 ORDER approved re 54 Consent to Magistrate Judge Ramon E. Reyes,Jr. forwarded to Judge Gershon's chambers for signature. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/22/2008. (Vertus, Miriam) (Entered: 02/28/2008)
SCHEDULING ORDER: Telephone Conference scheduled for today, 3/3/2008, is adjourned sine die per telephone conversation with Sunu P. Chandy. Ms. Chandy informed the Court that parties are close to reaching settlement. Parties shall submit settlement agreement, consent decree and/or stipulation of discontinuance by 3/7/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/3/2008. (Warshaw, Aaron) (Entered: 03/03/2008)
57 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Magistrate Judge Ramon E. Reyes, Jr. Approved by MJ Reyes; dated 2/22/08. So Ordered by Judge Gershon; dated 2/27/08. (Vaughn, Terry) (Entered: 03/06/2008)
58 SEALED ENVELOPE containing Exhibit F to Consent Decree (two pages) − claimant settlement amounts. So ordered by MJ Reyes; dated 3/10/08. (Vaughn, Terry) (Entered: 03/10/2008)
59 Stipulation & Order Consent Decree. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/10/2008. (Vertus, Miriam) Modified on 3/10/2008 (Vertus, Miriam). (Entered: 03/10/2008)
Civil Case Terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/10/2008. (Vertus, Miriam) (Entered: 03/10/2008)
60 MOTION to Substitute Attorney (Consent Order Granting Substitution of Attorney) by Books for Less, LLC, Books for Less, Inc.. (Storch, Ellen) (Entered: 02/18/2009)
61 NOTICE of Appearance by Ellen Storch on behalf of all defendants (notification declined or already on case) (Storch, Ellen) (Entered: 02/18/2009)
Motions terminated, 60 MOTION to Substitute Attorney (Consent Order Granting Substitution of Attorney) filed by Books for Less, LLC, Books for Less, Inc.. (Vertus, Miriam) (Entered: 08/20/2009)
62 SETTLEMENT AGREEMENT Amendment by Books for Less, Inc. (Storch, Ellen) (Entered: 02/26/2009)
63 ORDER re 62 Settlement Agreement. Amendment to Consent Decree is hereby SO ORDERED. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/20/2009. (Rodriguez, Adam) (Vertus, Miriam). Modified on 4/2/2009 correct document added(Vertus, Miriam). (Vertus, Miriam). (Entered: 03/20/2009)