Case 1:12-cv-04808-NG-RLM Document 1 Filed 09/26/12 Page 1 of 7 PageID #: 1

UNITED STATES DISTRICT COURT

1 2 - E--A--S--T-E--R--N---D--I-S-T--R--I-C--T---O--F--N--E--W---Y--O--R--K--------------~~

4808

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

CIVIL ACTION NUMBER

Plaintiff,
v.

COMPLAINT

THE SILVERCREST CENTER FOR NURSING AND REHABILITATION, a/kJa/ SILVERCREST EXTENDED CARE FACILITY,

Defendant.
---------------------------------------------------------------x

, . < •

NATURE OF THE ACTION

This is an action under the Americans with Disabilities Act of 1990, 42 U.s.C. §121 01 et seq., ("ADA"), to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Carolyn Belcon. The Equal Employment Opportunity Commission ("EEOC") alleges that Defendant The Silvercrest Center for Nursing and Rehabilitation ("Silvercrest") terminated Belcon after it refused to I) accept her request for leave as a reasonable accommodation because it was delivered in the form of a certified letter rather than on Silvercrest's Leave of Absence form, and 2) participate in the interactive process required by the ADA by denying her the opportunity to communicate with her union.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the ADA,

Case 1:12-cv-04808-NG-RLM Document 1 Filed 09/26/12 Page 2 of 7 PageID #: 2
42 U.S.C. §12117(a), which incorporates by reference Sections 706(£)(1) and (3) ofTitle VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§2000e-5(£)(I) and (3), and pursuant to Section 102 of the Civil Rights Act of1991, 42 U.S.C. §198Ia.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of New York.
PARTIES 3. Plaintiff EEOC is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(£)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(£)(I). 4. At all relevant times, Silvercrest has continuously been a corporation doing business in the State of New York and the County of Queens, and has continuously employed at least fifteen employees. 5. At all relevant times, Silvercrest has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) ofTitle VII, 42 U.S.C. §§ 2000-e(g) and (h). 6. At all relevant times, Silvercrest has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
CONCILIATION 7. Prior to institution of this lawsuit, EEOC's representatives attempted to eliminate
2

Case 1:12-cv-04808-NG-RLM Document 1 Filed 09/26/12 Page 3 of 7 PageID #: 3

the unlawful employment practices alleged below and to effect voluntary compliance with the ADA through informal methods of conciliation, conference and persuasion as required by Section 107(a) of the ADA, 42 U.S.C. §12117(a), which incorporates by reference Section 706(b) of Title VII, 42 U.S.C. §2000e-5(b). All conditions precedent to this lawsuit have been fulfilled.

STATEMENT OF CLAIMS

8. Since at least January 4,2011, Silvercrest has engaged in unlawful employment

practices in violation of Section 102 ofthe ADA, 42 U.S.C. §12112, as outlined below:

a. Silvercrest hired Belcon as a nursing assistant in November, 2009.

b. In August, 2010, Belcon was in a car accident, in which she injured her back. As

a result of the accident and injury, Belcon was unable to lift between August, 2010, and

December I, 2010.

c. Because Belcon was unable to lift, she was unable to work, and required leave as

a reasonable accommodation for her disability.

d. Silvercrest requires employees taking medical leave to fill out a Leave of Absence

form.

e. In August, 2010, Belcon filled out Silvercrest's Leave of Absence form and was

granted leave due to her injury.

f.

Belcon returned to work on December I, 2010.

g. On December 25, 2010, Belcon reinjured her back while working at Silvercrest.

She went to the emergency room for treatment. As a result of the re-injury, Belcon was unable

to lift between December 25,2010 and March I, 2011.

3

Case 1:12-cv-04808-NG-RLM Document 1 Filed 09/26/12 Page 4 of 7 PageID #: 4

h. Because Be1con was unable to lift, she was unable to work, and required leave as

a reasonable accommodation for her disability.

\.

Between December 25, 2010, and January 4,2011, Be1con attempted to contact

Silvercrest's Human Resources department.

J.

On January 4,2011, Be1con sent a letter, via certified mail, to Silvercrest,

requesting leave as an accommodation for her injury. She enclosed a doctor's note indicating

that she would be unable to work until March I, 2011. Silvercrest received Be1con's January 4,

2011 letter.

k. On January 14, 2011, Michelle Novak, Silvercrest's Human Resources manager,

sent Be1con a letter. This January 14, 2011 letter did not acknowledge Belcon's January 4,2011

request, and instead informed Be1con that i) she was on an unauthorized leave of absence and ii)

she had to fill out Silvercrest's Leave of Absence form to obtain leave.

\.

On January 18, 2011, Be1con and Novak spoke via phone. Be1con informed

Novak that she wanted to speak with her union in conjunction with filling out the Leave of Absence form.

m. On January 24,2011, Silvercrest sent Be1con a letter terminating her employment

on the grounds that she had not turned in the Leave of Absence form. Silvercrest's January 24,

2011 termination letter did not address Be1con's January 18, 2011 request.

n. Silvercrest violated the ADA by terminating Belcon after it refused to I) accept

her request for leave as a reasonable accommodation because it was delivered in the form of a

certified letter rather than on Silvercrest's Leave of Absence form, and 2) participate in the

interactive process required by the ADA by denying her the opportunity to communicate with her union.

4

Case 1:12-cv-04808-NG-RLM Document 1 Filed 09/26/12 Page 5 of 7 PageID #: 5
9. The effect ofthe practices complained of above have been to deprive Belcon of equal employment opportunities and otherwise adversely affected her status as an employee because of her disability.
10. The effect of the practices complained of above has been to inflict emotional pain, suffering, and inconvenience upon Belcon.
11. The unlawful employment practices complained of above were intentional. 12. The unlawful employment practices complained of above were done with malice and reckless disregard for Belcon's ADA federally protected rights, in violation of 42 U.S.C. §12101etseq.
PRAYER FOR RELIEF Wherefore, EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Silvercrest, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of disability. B. Order Silvercrest to institute and carry out policies, practices, and programs that provide equal employment opportunities for qualified individuals with disabilities and that eradicate the effects of its past and present unlawful employment practices. C. Order Silvercrest to make whole Belcon by providing appropriate backpay with prejUdgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to frontpay and reinstatement. D. Order Silvercrest to make whole Belcon by providing compensation for past and
5

Case 1:12-cv-04808-NG-RLM Document 1 Filed 09/26/12 Page 6 of 7 PageID #: 6 future pecuniary losses resulting from the unlawful employment practices complained of above, in amounts to be determined at trial.
E. Order Silvercrest to make whole Be1con by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including pain and suffering, emotional distress, indignity, inconvenience, loss of enjoyment of life, loss of self- esteem, and humiliation, in amounts to be determined at trial.
F. Order Silvercrest to pay Be1con punitive damages for its malicious and recklessconduct, as described above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public
6

Case 1:12-cv-04808-NG-RLM Document 1 Filed 09/26/12 Page 7 of 7 PageID #: 7

interest. H.

Award EEOC its costs of this action.
Respectfully submitted,
P. David Lopez General Counsel
James L. Lee Deputy General Counsel
Gwendolyu Young Reams Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M Street, N.W. Washington, D.C. 20507
r;ti ' ~(C~){JkG 6'-vt:ff~;'ZIr
Elizabeth rossman Regional Attorney

Raechel Adams Supervisory Trial Attorney
Michael t O'Brien (MOB-6409)
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 tel: 212-336-3694 fax: 212-336-3623 e-mail: michael.obrien@eeoc.gov

7

 
 Case 1:12-cv-04808-NG-RLM Document 33 Filed 08/12/13 Page 1 of 5 PageID #: 341
Case 1:12·cv·04808·NG·RLM Document 32 Filed 08/10/13 Page 1 of 5 PagelD #: 336

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
- against-
THE SILVERCREST CENTER FOR NURSING AND REHABILITATION, aJk/a SILVERCREST EXTENDED CARE FACILITY,
Defendant.

Pft:6P6SMt@
PROTECTIVE ORDER
12-CV-4808
(NG) (RLM)

IT IS HEREBY ORDERED THAT: 1. This Protective Order shall govern the use of all transcripts of depositions, answers to interrogatories, responses to requests for admissions, and all documents that may be produced in response to the parties' discov~ests, marked as exhibits during depositions or used at other
~~d (V\ ~eo,!- -Po...l~ ~
times in this litigation to the extent suclf'documents are ~ "Confidential" pursuant to this Protective Order.
2. The term "Confidential Information" is defined as any of the following types of information:
(a) personal or private information concerning present or former employees ofThe Silvercrest Center for Nursing and Rehabilitation ('4Silvercrest") including: driver's license numbers or state identification numbers; social security and taxpayer-identification numbers; tax forms; financial account numbers; credit card numbers; employment-compensation amounts; personnel information reflecting the evaluation ofjob performance; passwords; mother's maiden name; dates of birth; home address and personal telephone numbers; immigration status; names of minor children; and medical, physical, mental, or health condition or limitation, including

14576235.1

Case 1:12C-acsve-10:142B-c0v8-0-4N8G08--RNGL-MRLMDoDcocuummenntt3332 FilFedile0d8/1028/1/310P/1a3ge 2Poaf 5gePa2geoIDf #5: 3P4a2gelD #: 337
symptoms or manifestations of any condition or limitation, and any treatment requested, recommended, prescribed, or provided for such condition or limitation;
(b) private, financial, proprietary, or trade secret information as to which Silvercrest has maintained confidentiality, including non-public information relating to Silvercrest's revenues, profits and expenses; and
(c) information relating to Silvercrest's residents/patients. 3. A document or portion of a document that a party determines in good faith to contain Confidential Information as defined above may be designated as Confidential by stamping the word "CONFIDENTIAL" on the document. 4. A party may, on the record of a deposition or oral hearing, or by written notice to the opposing counsel not later than fourteen (14) days after receipt of the transcript of such deposition or oral hearing, designate any portion(s) of the transcript as confidential if the party determines in good faith that the designated portion(s) contain Confidential Information as defined above. Until expiration of the fourteen (14) day period, all transcripts will be deemed Confidential Information under this Protective Order and information therein will be deemed Confidential Information under this Protective Order unless otherwise agreed to in writing by the parties. After expiration ofthis period, any portion of a transcript that has not been designated as Confidential shall not be subject to this Protective Order. S. If a party inadvertently fails to designate discovery material as Confidential Information, it may make the designation belatedly so long as it does so promptly after learning of the oversight. 6. The portion of all deposition exhibits, pleadings, discovery responses, transcripts, and other writings filed with the Court in this litigation that contain Confidential Information will be

14S7623S.1

-2-

Case 1:12-cv-04808-NG-RLM Document 33 Filed 08/12/13 Page 3 of 5 PageID #: 343

Case 1:12-cv-04808-NG-RLM Document 32 Filed 08/10/13 Page 3 of 5 PagelD #: 338

~L ~~p~ ~C1 GCF; VU,'rll.. ~~/.-ulv,~d..

;(JA~~~~ ..t-'t;a

)' flu WJfA. l~

'1 ~

" ~ It..IL4 ~

I-- t:rw-tr ~

"PROTf!e1't¥E ORDER;iI If the party filing under seal believes that some or all ofthe documents or ~

r-e information filed under seal should not be sealed, the party shall include a statement identifying such erv' U

documents or information. The other party will be given the opportunity to respond to the filing

~~

party's statement prior to a Court ruling on whether, and what portion of, the filed documents or

information shall remain under seal. The burden will be on the party seeking confidentiality. A

party receiving a filing under seal may object to the filing of some or all of such documents or

information under seal by submitting a similar statement. The filing party will be given the same

opportunity to respond prior to a Court ruling.

7. All Confidential information and materials shall be treated confidentially and shall be

used by counsel and the parties solely for the purposes of and in connection with this litigation

(including any appeals), except as otherwise provided herein.

8. Subject to the requirements of paragraphs "7" and "9" of this Protective Order,

Confidential information or documents may only be disclosed to:

(a) The Court and Court personnel, as well as court reporters and videographers involved in recording depositions and proceedings in this litigation;

(b) Attorneys representing any party to this proceeding, and employees or agents of such attorneys or law firms / agencies with which such attorneys are associated, but only for purposes of this litigation;

(c) Consultants, advisors, and experts (testifying and consulting), as well as their employees, retained or consulted by any party or counsel, but only for purposes of this litigation;

(d) The parties or any officers, directors, or managers thereof who have a need to know the information for purposes of this litigation;

(e) Witnesses or potential witnesses contacted by counsel in good faith, but only for the purpose of obtaining evidence or

14576235.1

_ 3 _

Case 1:12-cv-04808-NG-RLM Document 33 Filed 08/12/13 Page 4 of 5 PageID #: 344
Case 1:12-cv-04S0S-NG-RLM Document 32 Filed OS/10/13 Page 4 of 5 PagelD #: 339

testimony for any deposition, hearing, trial or other proceeding in this litigation
9. All Confidential material produced in this action shall remain in the custody of the

attorneys for the parties, unless otherwise authorized by this Protective Order.

10. Prior to providing any party, witness, potential witness, advisor, expert or consultant

retained by a party or counsel with access to Confidential information which is not otherwise

available to such person, that person shall have agreed, in writing, to abide by the terms of this

Protective Order. Written agreement is not required for court personnel, court reporters, or

deponents during depositions.

11. Within ninety (90) days of the termination of this action by entry of a final judgment

that has become non-appealable, an order of discontinuance, or otherwise, counsel for the parties

shall return to each other or (upon request) destroy all copies of Confidential information in their

possession, control or custody, except as required by applicable law or regulations. All retained

documents will remain subject to this Protective Order.

12. The issue of confidentiality of evidence at trial is specifically reserved for subsequent

action by the Court.

13. Any dispute arising under this Protective Order shall be submitted to the Court for •

~ ·kr-,." p ...rlrt't' lAo.VCi! .~.I..A~'I~-,' ~' rJ, ""'" ~~ .J.e ~~(~...,,......tt.. ~

resolutio Moreover, the execution ofthis Protective Order 1S without prejudice to the right of any ~~

unnY.l.4.4.w,Jt

party to apply to the Court at any time for additional protections or exceptions, or such other
",'u........ additional reliefas may be necessary or appropriate.

cf:rdA.~

tI illit

a..wJ-

~ 14. Nothing contained in this Protective Order shall be deemed a waiver by any party of

its right to object to the production and/or admissibility of any records on the grounds of relevance,

materiality, privilege or otherwise.

14576235.1

-4-

Case 1:12-cv-04808-NG-RLM Document 33 Filed 08/12/13 Page 5 of 5 PageID #: 345
Case 1:12-cv-04808-NG-RLM Document 32 Filed 08/10/13 Page 5 of 5 PagelD #: 340

15. This Protective Order, and the obligations of all persons set forth herein, shall survive the tennination of this action and shall continue in full force and effect. This Order is subject to modification at any time by written agreement of all parties to this lawsuit and upon Court Order.

Dated: - - - - - -, 2013

SO ORDERED:

SO ORDERED:
lsi

ROll/lIrC j" IHann

U.S. A1agi..,·1nul.,.ill(/~e

Dated: 1;1

l

" 12/1.3

Roanne L. Mann, United States Magistrate Judge

14576235.1

-5-

 
 Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 1 of 12 PageID #: 373
Case 1:12-cv-04808-NG-RLM Document 43 Filed 12/30/13 Page 1 of 7 PageiD #: 361

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

CIVIL ACTION NUMBER

Plaintiff,
v.

12-CV-4808 (NG) (RLM)

THE SILVERCREST CENTER FOR NURSING AND REHABILITATION, alkfa/ SILVERCREST EXTENDED CARE FACILITY,
Defendant. ------------------------------------------X

FILED
IN CLERK'S OFFICE
* ·.t- U.S. O~"rnlc::T CO\If>T F' D. N.Y. JAN - 7 2013
BROOKLYN OFFiCE

CONSENT DECREE

Plaintiff U.S. Equal Employment Opportunity Commission (the "EEOC" or

"Commission") and defendant The Silvercrest Center for Nursing and Rehabilitation

("Defendant" or "Silvercrest") hereby stipulate and agree to entry of this Consent Decree (the

"Consent Decree") to resolve the EEOC's Complaint ("Complaint") filed against Defendant on

September 26, 2012, in Case No. 12-CV-4808 (the "Action") under the Americans with

Disabilities Act (ADA) and Title I ofthe Civil Rights Act of 1991. The Complaint claims that

Defendant violated these laws by allegedly failing to consider a request for leave by Carolyn

Belcon("Belcon"), the Charging Party, because it was not filled out on a specific Silvercrest form

and by subsequently terminating Beleon's employment after she did not respond to Silvercrest's

request for the form by a specified date. Silvercrest denies these allegations in their entirety.

The EEOC and Silvercrest (hereinafter "the Parties") desire to resolve this matter without

further litigation and adjudication in order to avoid the expensive and protracted costs incident to

litigation.

t476730Cl.6

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 2 of 12 PageID #: 374 Case 1:12-cv-04808-NG-RLM Document 43 Filed 12/30/13 Page 2 of 7 PageiD #: 362
The Parties hereby stipulate and consent to the entry of this Consent Decree as final and binding between the Parties signatory hereto and their agents, officers, employees, successors, and assigns.
This Consent Decree fully and completely resolves all issues, claims and allegations raised in this Action.
The Parties agree that this Consent Decree may be entered without Findings of Fact and Conclusions of Law having been made and entered by the Court. No waiver, modification or amendment of any provision of this Consent Decree will be effective unless made in writing, approved by the Parties, and approved or ordered by the Court.
In consideration of the mutual promises of each party to this Consent Decree, the sufficiency of which is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED, AND DECREED as follows:
I. This Consent Decree fully and completely resolves all of the issues, claims and allegations raised in EEOC Charge Number 520-2011-02459 and by the EEOC in its Complaint in this Action. This Consent Decree in no way affects the EEOC's right to process or litigate other charges that may be in existence or may later arise against Defendant in accordance with standard EEOC procedures.
2. This Court has jurisdiction over the subject matter of this Action and of the Parties.
3. No Party will contest the jurisdiction of the federal court to enforce this Consent Decree and its terms. Nothing in this Consent Decree shall be construed to preclude any party in this Action from bringing suit to enforce this Consent Decree, in accordance with the procedures
2
14767300.6

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 3 of 12 PageID #: 375
Case 1:12-cv-04808-NG-RLM Document 43 Filed 12/30/13 Page 3 of 7 PageiD #: 363
set forth herein, in the event that any party fails to perform the promises and representations it makes herein.
4. Prior to executing an agreement to sell, assign, consolidate or merge with Silvercrest, Silvercrest will provide the entity entering into such agreement with notice of this lawsuit and a copy of this Consent Decree.
5. Silvercrest will consider an employee's written request for a medical leave of absence as a potential ADA reasonable accommodation for a disability regardless ofwhether or not the employee submits the request by filling out a specific Silvercrest form, as long as the request is otherwise legally sufficient under the ADA. Nothing in this Consent Decree prevents Silvercrest from requiring employees to comply with its workplace policies, rules and procedures, such as the completion and submission of forms or other employment-related paperwork, including but not limited to those associated with time off benefits, leave of absence benefits or other employee fringe benefits. During the term of this Consent Decree, Silvercrest will maintain the policy attached hereto as Exhibit A (Procedure for Employee with Disability to Request Leave of Absence as Reasonable Accommodation). The policy confirms Silvercrest will consider an employee's written request for a medical leave of absence regardless of whether or not the employee submits the request by filling out a specific Silvercrest form, as long as the request is otherwise legally sufficient under the ADA. Silvercrest's submission of the policy to the EEOC pursuant to this Consent Decree is not a representation by the EEOC that Silvercrest has been or is compliant with federal anti-discrimination laws.
6. Silvercrest and its officers, managers, successors, agents, and assigns are enjoined from not considering a request for medical leave of absence by a Silvercrest employee as a potential ADA reasonable accommodation, when the request is otherwise legally sufficient under
3
14767300.6

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 4 of 12 PageID #: 376
Case 1:12-cv-04808-NG-RLM Document 43 Filed 12/30/13 Page 4 of 7 PageiD #: 364
the ADA, on the basis that the employee did not submit the request on a specific Silvercrest form.
7. Silvercrest is enjoined from retaliating against Belcon or any other individual known to have participated or assisted in any way in the investigation or litigation of this matter, or against Belcon for asserting her rights under the ADA relative to this matter.
8. Within two (2) months of the entry of this Consent Decree, Silvercrest will provide a one ( 1) hour training session regarding discrimination, with an emphasis on disability discrimination and reasonable accommodation, for all human resources staff. Within fourteen (14) months of the entry of this Consent Decree, Silvercrest will provide a second such one-hour training session to those individuals. Within ten (10) business days of the completion of each training session, Silvercrest will forward to the EEOC a copy of the attendance sheet for that training session along with a summary of the topics covered.
9. Within two (2) months of the entry of this Consent Decree, Silvercrest will provide a thirty (30) minute training session regarding discrimination, with an emphasis on disability discrimination and reasonable accommodation, for all other staff. Within ten (1 0) business days of the completion of the training session, Silvercrest will forward to the EEOC a copy of the attendance sheet for that training session along with a summary of the topics covered.
10. Within thirty (30) business days after the entry of this Consent Decree and once annually thereafter during the term of this Consent Decree, Silvercrest will distribute the policy attached as Exhibit A to all supervisors, managers, human resources staff, and employees. Silvercrest may elect to distribute the policy by notifying employees in writing of the location where policies can be accessed electronically. The distribution ofSilvercrest's policy pursuant to
4
14767300 6

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 5 of 12 PageID #: 377 Case 1:12-cv-04808-NG-RLM Document 43 Filed 12/30/13 Page 5 of 7 PageiD #: 365
this Consent Decree is not a representation by the EEOC that Silvercrest has been or is compliant with federal anti-discrimination laws.
II. Within fifteen (15) business days of the entry of this Consent Decree, Silvercrest will post the Notice of Lawsuit and Settlement attached as Exhibit Bin a conspicuous manner in the employee break room.
12. To the extent not already posted, within fifteen (15) business days of the entry of this Consent Decree, Silvercrest will post an EEOC poster that meets the requirements of29 C.F.R. §1601.30 in a conspicuous manner in the employee break room.
13. Within thirty-five (35) business days of the entry of this Consent Decree, Silvercrest will provide an affidavit to the EEOC that the requirements of Paragraphs 10 through 12 have been met and describing the location ofthe Notice and poster.
14. This Consent Decree resolves all issues, allegations and claims raised in EEOC Charge No. 520-2011-02459 and by the EEOC in its Complaint in this Action. Silvercrest will issue payments to Belcon for the total sum of$25,000. Within fourteen (14) business days of the Court's entry of this Consent Decree, Silvercrest will issue and mail by certified mail to Belcon, at an address supplied by the EEOC, a check made payable to Belcon in the amount oftenthousand dollars ($10,000) for alleged back pay. Silvercrest will make applicable withholdings for wages for federal, state and local income taxes and for employee social security taxes pursuant to the Federal Insurance Contribution Act and issue a W-2 for the amount. Silvercrest will pay its employer share of any costs, taxes, or Social Security required by law to be paid by Silvercrest. Within ten (10) business days of the Court's entry of this Consent Decree, Silvercrest will issue and mail by certified mail to Belcon, at an address supplied by the EEOC, a check made payable to Belcon in the amount of fifteen-thousand dollars ($15,000) for alleged
5
14767300.6

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 6 of 12 PageID #: 378 Case 1:12-cv-04808-NG-RLM Document 43 Filed 12/30/13 Page 6 of 7 PageiD #: 366
compensatory damages. Silvercrest will issue a Form I099 to BeIcon for this amount and Beleon will responsible for the payment of any taxes due on this amount. Simultaneous with delivery to Beleon, Silvercrest's counsel will also send a copy of the checks to the EEOC.
15. Silvercrest will send by electronic mail and regular mail any documents, reports, forms, or other information required to be forwarded to the EEOC, to "Consent Decree Monitor" at decreemonitor.nydo@eeoc.gov or to the attention of:
Consent Decree Monitor Equal Employment Opportunity Commission 33 Whitehall Street, 5th Floor New York, New York, 10004 16. Each Party will bear its own attorney fees and costs incurred in this action. 17. This Consent Decree will remain in effect for two (2) years from the date of entry ("Term"). During the Term, this case may be administratively closed but will not be dismissed. The Court retains jurisdiction to enforce the Consent Decree. The Consent Decree will expire by its own terms at the end of that period, without further action required by the Parties or the Court, unless the duration of this Consent Decree has been extended by order ofthe Court. 18. This Consent Decree may be signed in counterparts. A facsimile or .pdf signature shall have the same force and effect of an original signature or copy thereof. 19. The Parties agree to entry of this Consent Decree and judgment subject to final approval by the Court.
6
14767300.6

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 7 of 12 PageID #: 379
Case 1:12-cv-04808-NG-RLM Document 43 Filed 12/30/13 Page 7 of 7 PageiD #: 367

FOR EEOC:
fa~~
Elizabeth ~man
Equal Employment Opportunity Commission New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 212-336-3696

J?( L bIz,.,_]
Date

FOR DEFENDANT: NIXON PEABODY LLP

Date
50 Jericho Quadrangle, Suite 300 Jericho, New York 11753 (516) 832-7500 Attorneysfor Defendant The Silvercrest Center For Nursing and Rehabilitation

ENTERED:
I A
s/Nina Gershon
The Honorable Nina Gershon United States District Judge

I --~ -!'(
Date

7
14761300.6

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 8 of 12 PageID #: 380 Case 1:12-cv-04808-NG-RLM Document 43-1 Filed 12/30/13 Page 1 of 3 PageiD #: 368
Exhibit A
Exhibit A

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 9 of 12 PageID #: 381 Case 1:12-cv-04808-NG-RLM Document 43-1 Filed 12/30/13 Page 2 of 3 PageiD #: 369
EXHIBIT A
POLICY/PROCEDURE- HUMAN RESOURCES
DEPARTMENT(S): ALL
TITLE: PROCEDURE FOR EMPLOYEE WITH DISABILITY TO REQUEST LEAVE OF ABSENCE AS REASONABLE ACCOMMODATION
1.0 Policy
1.1. The policy of Silvercrest Center for Nursing and Rehabilitation is to fully comply with the Americans with Disabilities Act, and state and local laws concerning the employment of qualified individuals with disabilities. Silvercrest will provide reasonable accommodation to qualified employees with disabilities, unless to do so would cause undue hardship.
1.2 Please refer to Silvercrest's Policy on Accommodations for Applicants and Employees with Disabilities, for additional information, policies and procedures. Please also refer to Silvercrest's Family and Medical Leave Policy.
2.0 Procedure for Employee to Request a Leave of Absence as a Reasonable Accommodation
2.1 A qualified employee with a disability who is unable to perform the essential function of his or her position may request a reasonable accommodation that would enable the employee to perform the essential functions of his or her position, in accordance with Silvercrest's policies.
2.2 An employee who requires a leave of absence from work due to a disability should contact Human Resources. If the need for leave is foreseeable, the employee must provide notice and request the leave at least 30 days in advance of the date the leave of absence would commence. If the employee is unable to foresee the need for leave 30 days in advance, then the employee must contact Human Resources to request the leave as soon as practicable and must comply with applicable call-in procedures (unless the employee's disability renders the employee incapable of immediately doing so). In making the request, the employee must provide sufficient information for Human Resources to evaluate the leave request and the anticipated timing and duration of the leave.
2.3 Human Resources will provide the employee with a copy of: (a) the Request for Leave of Absence Form; (b) a Certification Form to be completed by the employee's health care provider providing documentation about the disability, the employee's functional limitations, and anticipated duration of leave if medically necessary, and (c) a claim form for applying for shortterm disability insurance benefits. The completed forms must be submitted to Human Resources within fifteen ( 15) days.
2.4. If the information provided by the employee's health care professional is insufficient, Human Resources may ask for further information. The failure to provide appropriate medical
14768475.1

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 10 of 12 PageID #: 382 Case 1:12-cv-04808-NG-RLM Document 43-1 Filed 12/30/13 Page 3 of 3 PageiD #: 370
documentation or to cooperate in Silvercrest's efforts to obtain such documentation can result in a denial of the requested accommodation. 2.5 If an employee submits a written request for leave, but fails to timely return the Request for Leave of Absence Form to Human Resources, Human Resources will process the employee's request for leave to the extent that it has sufficient information to do so. Silvercrest will consider an employee's written request for a medical leave of absence as a potential reasonable accommodation for a disability and will not deny the request for leave on the basis that the employee's completed Request for Leave of Absence Form was not timely received. However, Silvercrest may require the employee to complete and submit any acknowledgments and other documentation required for record-keeping purposes and employees are expected to fully comply will all rules and procedures. 2.6 Silvercrest will process the employee's request for leave in accordance with Silvercrest's policies and procedures. Human Resources will notifY the employee if the leave of absence request has been granted. In the event the leave request is denied, Silvercrest will provide notice in in accordance with Silvercrest's policies and procedures.
!476847S. I

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 11 of 12 PageID #: 383
Case 1:12-cv-04808-NG-RLM Document 43-2 Filed 12/30/13 Page 1 of 2 PageiD #: 371
Exhibit B
Exhibit B

Case 1:12-cv-04808-NG-RLM Document 44 Filed 01/07/14 Page 12 of 12 PageID #: 384 Case 1:12-cv-04808-NG-RLM Document 43-2 Filed 12/30/13 Page 2 of 2 PageiD #: 372
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office
33 Whitehall Street 11th Floor
New York, NY I0004 Phone (800) 669-4000
NOTlCE OF LAWSUIT AND SETTLEMENT TO SILVERCREST EMPLOYEES
This notice is posted under a Consent Decree entered by the Federal Court in a lawsuit filed by the Equal Employment Opportunity Commission against Silvercrest. The lawsuit is EEOC v. The Silvercrest Center for Nursing and Rehabilitation, Civil Case No. 12CV-4808 (E.D.N.Y.).
In the lawsuit, EEOC alleged that Silvercrest discriminated against an employee with a disability in violation of the Americans with Disabilities Act ("ADA"). The EEOC and Silvercrest agreed to settle the case, pursuant to a Consent Decree, prior to the Court rendering any decision with respect to the merits of the EEOC's lawsuit.
Pursuant to the settlement and Consent Decree, Silvercrest will consider a written request for a medical leave of absence as a potential accommodation, regardless of whether or not an employee fills out a specific Silvercrest form. The Consent Decree also provides for distribution ofSilvercrest's policy and training of managers and employees.
The EEOC enforces federal laws against discrimination in employment, including discrimination on the basis of disability, race, color, national origin, sex, religion, age, or genetic information. If you believe you have been discriminated against, you may contact the EEOC at 33 Whitehall Street, 11th Floor, New York, NY, 10004, or call EEOC tollfree at (800) 669-4000. The EEOC charges no fees and has employees who speak languages other than English. More information about the EEOC can be found at www.eeoc.gov.
THIS IS AN OFFICIAL NOTICE. DO NOT REMOVE OR CHANGE IT.
This Notice must remain posted for two (2) years from the date of the Consent Decree, and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Consent Decree Monitor, EEOC, 33 Whitehall Street, New York, NY, 10004.
147674S4.2

 
 Case 1:12-cv-04808-NG-RLM Document 19 Filed 07/09/13 Page 1 of 3 PageID #: 72
Case 1:12-cv-04S0S-NG-RLM Document 17 Filed 07/09/13 Page 1 of 3 PagelD #: 67

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
- against -
THE SILVERCREST CENTER FOR NURSING AND REHABILITATION, alk/a SILVERCREST EXTENDED CARE FACILITY,
Defendant.

INTERIM STIPULATION AND
ORDER OF CONFIDENTIALITY FOR PURPOSES OF
SETTLEMENT
12-CV-4808
(NG) (RLM)

Counsel having given their consent, IT IS HEREBY ORDERED THAT: l. Under Federal Rule of Civil Procedure 26(c), this Interim Stipulat,ion and Order of
Confidentiality for Purposes of Settlement Discussions ("Interim Stipulation and Order") shall govern the use of medicallhealth and educational records to the extent such documents are designated "Confidential- Settlement" by the producing party pursuant to this Stipulation and Order.
2. Medicallhealth and educational records produced under this Interim Stipulation and Order may be designated as Confidential- Settlement. Any such document labeled "ConfidentialSettlement" shall be treated as confidential and used only for settlement purposes, subject to further anticipated stipulations between the parties and/or Court orders governing the parties' designation of confidential documents in this action if the parties do not promptly reach a settlement agreement. Confidential- Settlement documents may not be used for any other purpose, including any other litigation purpose.
3. The production of documents under this Interim Stipulation and Order does not relieve the producing party of its obligation to fully comply with its discovery obligations under the

14483122,1

Case 1:12-cv-04808-NG-RLM Document 19 Filed 07/09/13 Page 2 of 3 PageID #: 73

-----~-~-

Case 1:12-cv-04808-NG-RLM Document 17 Filed 07/09/13 Page 2 of 3 PagelD #: 68

Federal Rules of Civil Procedure. The producing party may not delay or withhold production of documents on the basis that such documents have been produced under this Interim Stipulation and Order solely for purposes of settlement discussions.
4. Confidential- Settlement documents may only be disclosed to: (a) Attorneys of any party, and employees or agents of such attorneys, but only for purposes of settlement in this action; (b) Consultants and their employees, consulted by any party or counsel, but only for purposes of settlement in this action; and (c) Parties or any officers or directors thereof who have a need to know the infonnation for purposes of settlement in this action.
5. Confidential- Settlement documents shall remain in the custody of the parties or the attorneys for the parties, unless otherwise authorized by this Stipulation and Order. This Order is binding on all people to whom Confidential - Settlement documents are disclosed. All people who receive Confidential - Settlement documents must agree to be hound by this Order. Counsel for each party has the responsibility to avoid disclosure of Confidential - Settlement documents to people not authorized under this Order. Counsel for each party has the responsibility to disclose the terms of this Order to any person who receives Confidential - Settlement documents under this Order, to obtain their agreement to be bound by the terms of this Order, and to notify them that anyone who violates the provisions of this Order is subject to the contempt powers of this Court.
6. This Order is subject to modification at any time by written agreement of all parties to
~ this lawsuit1(upon Court Order. Any person may seek an Order to modify or vacate this Order.

14483122.1

-2-

Case 1:12-cv-04808-NG-RLM Document 19 Filed 07/09/13 Page 3 of 3 PageID #: 74
Case 1:12-cv-04808-NG-RLM Document 17 Filed 07/09/13 Page 3 of 3 PagelD #: 69

Dated: July 9, 2013
CONSENTED TO: EQUAL EMPLOYMENT OPPOR lTV COMMISSION
By:......:;,.~-I--~~~_ _ __

NIXON PEABODY LLP

33 Whitehall Streett 5th Floor New York, New York 10004 (212) 336·3690
Attorneys for Plaintiff

50 Jericho Quadrangle, Suite 300 Jericho, New York 11753 (516) 832-7500
Attorneys for Defendant

so ORDERED: SO ORDERED:
lsi

Roalllle L. Mallll

7.//qql,-, U.S. Magistrate Judge
Dated:

Hon. Roanne L. Mann, U.S.M.J.

Date

14483122.1

.. 3 •

 
 Case: 1:12-cv-4808 As of: 03/31/2014 02:08 PM EDT 1 of 6
U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:12−cv−04808−NG−RLM

CLOSED

Equal Employment Opportunity Commission v. The Silvercrest Center for Nursing and Rehabilitation Assigned to: Judge Nina Gershon Referred to: Magistrate Judge Roanne L. Mann Cause: 42:1201 Civil Rights (Disability)
Mediator

Date Filed: 09/26/2012 Date Terminated: 01/07/2014 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Peter H Woodin

represented by Peter H. Woodin JAMS 620 Eighth Avenue 34th Floor New York, NY 10018 212−607−2736 Fax: 212−751−4099 Email: pwoodin@jamsadr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Equal Employment Opportunity Commission

represented by Michael J. O'Brien EEOC−NYDO 33 Whitehall Street,5th floor New York, NY 10004 212−336−3694 Fax: 212−336−3623 Email: michael.obrien@eeoc.gov TERMINATED: 07/09/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Lepak Equal Employment Opportunity Commission 33 Whitehall Street 5th Floor New York, NY 10004 212−336−3690 Fax: 212−336−3623 Email: thomas.lepak@eeoc.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

V.
Defendant
The Silvercrest Center for Nursing and Rehabilitation also known as Silvercrest Extended Care Facility

represented by Tara L. Eyer Daub Nixon Peabody LLP 50 Jericho Quadrangle Suite 300 Jericho, NY 11753 516−832−7500 Fax: 516−741−1563 Email: tdaub@nixonpeabody.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:12-cv-4808 As of: 03/31/2014 02:08 PM EDT 2 of 6

Alesia J. Kantor Nixon Peabody LLP 50 Jericho Quadrangle Suite 300 Jericho, NY 11753 516−832−7500 Fax: 516−832−7555 Email: akantor@nixonpeabody.com TERMINATED: 09/05/2013 ATTORNEY TO BE NOTICED

Date Filed 09/26/2012 09/26/2012 10/02/2012
12/03/2012 01/09/2013 01/18/2013 01/18/2013 01/18/2013 01/22/2013
01/25/2013 01/25/2013

# Docket Text
1 COMPLAINT against The Silvercrest Center for Nursing and Rehabilitation Disclosure Statement on Civil Cover Sheet completed −Yes,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 10/02/2012)
Summons Issued as to The Silvercrest Center for Nursing and Rehabilitation. (Davis, Kimberly) (Entered: 10/02/2012)
2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/02/2012)
3 REQUEST FOR WAIVER of Service sent to Alesia Kantor, as counsel for Defendant Silvercrest on 11/19/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 12/26/2012. (O'Brien, Michael) (Entered: 12/03/2012)
4 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. The Silvercrest Center for Nursing and Rehabilitation waiver sent on 11/19/2012, answer due 1/18/2013. (O'Brien, Michael) (Entered: 01/09/2013)
5 NOTICE of Appearance by Alesia J. Kantor on behalf of The Silvercrest Center for Nursing and Rehabilitation (aty to be noticed) (Kantor, Alesia) (Entered: 01/18/2013)
6 Corporate Disclosure Statement by The Silvercrest Center for Nursing and Rehabilitation (Kantor, Alesia) (Entered: 01/18/2013)
7 ANSWER to 1 Complaint, by The Silvercrest Center for Nursing and Rehabilitation. (Kantor, Alesia) (Entered: 01/18/2013)
8 SCHEDULING ORDER: Initial Conference set for 2/19/2013 at 12:00 PM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Magistrate Judge Roanne L. Mann on 1/22/2013. (Maynard, Pat) (Entered: 01/22/2013)
9 Letter MOTION to Adjourn Conference Set for 2/19 and to Reschedule by Equal Employment Opportunity Commission. (O'Brien, Michael) (Entered: 01/25/2013)
10 ENDORSED ORDER granting, on consent 9 Motion to Adjourn Conference. The February 19th conference is adjourned to March 8, 2013, at 3:30 p.m. Ordered by Magistrate Judge Roanne L. Mann on 1/25/2013. (Maynard, Pat) (Entered: 01/25/2013)

Case: 1:12-cv-4808 As of: 03/31/2014 02:08 PM EDT 3 of 6

03/08/2013 03/28/2013 04/16/2013 05/28/2013
07/02/2013 07/03/2013 07/08/2013
07/09/2013 07/09/2013 07/09/2013 07/09/2013 07/15/2013 07/16/2013 07/17/2013

11 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Initial Conference Hearing held on 3/8/2013. Next settlement conference scheduled for June 24, 2013 at 10:00 a.m. Fact discovery to be completed by July 31, 2013. (Maynard, Pat) (Entered: 03/08/2013)
12 NOTICE of Appearance by Tara L. Eyer Daub on behalf of The Silvercrest Center for Nursing and Rehabilitation (aty to be noticed) (Eyer Daub, Tara) (Entered: 03/28/2013)
Set/Reset Hearings: Due to a scheduling conflict, the June 24th Settlement Conference is adjourned to 7/8/2013 at 3:00 PM before Magistrate Judge Roanne L. Mann. The discovery schedule remains unchanged. (Maynard, Pat) (Entered: 04/16/2013)
13 TRANSCRIPT of Proceedings held on 3/8/13, before Judge Mann. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number 845−260−1377. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/18/2013. Redacted Transcript Deadline set for 6/28/2013. Release of Transcript Restriction set for 8/26/2013. (Hong, Loan) (Entered: 05/28/2013)
14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25. by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Certificate) (Lepak, Thomas) (Entered: 07/02/2013)
15 ORDER granting 14 Motion for Leave to Appear Pro Hac Vice for Attorney Thomas Scott Lepak. Ordered by Magistrate Judge Roanne L. Mann on 7/2/2013. (Fernandez, Erica) (Entered: 07/03/2013)
16 Minute Entry for Settlement Conference held before Magistrate Judge Roanne L. Mann on 7/8/2013. The parties are narrowing their differences in terms of settlement. The complaining party's medical and educational records are critical to continued settlement discussions. Although the parties have not yet reached agreement on a Confidentiality Stipulation to govern discovery generally, they will agree upon an interim stipulation limited to the aforesaid records related to the complaining party, and will file it by close of business tomorrow, so that those records can be produced by Wednesday. The parties will then have further settlement discussions and will file, by July 15, 2013, an updated status report (which may be filed under seal). Fact discovery is extended to September 30, 2013. (Williams, Jennifer) (Entered: 07/08/2013)
17 MOTION for Protective Order Interim Stipulation and Order of Confidentiality for Purposes of Settlement by Equal Employment Opportunity Commission. (Lepak, Thomas) (Entered: 07/09/2013)
18 MOTION to Withdraw as Attorney by Michael O'Brien by Equal Employment Opportunity Commission. (O'Brien, Michael) (Entered: 07/09/2013)
19 ORDER granting, with modification, 17 Motion for Protective Order. So Ordered by Magistrate Judge Roanne L. Mann on 7/9/2013. (Powers, Emily) (Entered: 07/09/2013)
20 ORDER granting 18 Motion to Withdraw as Attorney. Attorney Michael J. O'Brien terminated. So Ordered by Magistrate Judge Roanne L. Mann on 7/9/2013. (Powers, Emily) (Entered: 07/09/2013)
21 STATUS REPORT Regarding Settlement by Equal Employment Opportunity Commission (Lepak, Thomas) (Entered: 07/15/2013)
22 ENDORSED ORDER re 21 Status Report. The parties are directed to confer and, by August 2, 2013, to file a joint proposed schedule for expert discovery and/or for requesting a premotion conference before Judge Gershon. Ordered by Magistrate Judge Roanne L. Mann on 7/16/2013.(Williams, Jennifer) (Entered: 07/16/2013)
23 Letter MOTION to Compel EEOC's Compliance With Discovery Obligations by The Silvercrest Center for Nursing and Rehabilitation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7

Case: 1:12-cv-4808 As of: 03/31/2014 02:08 PM EDT 4 of 6

07/23/2013
07/24/2013 07/29/2013
07/29/2013
07/31/2013 08/01/2013 08/01/2013 08/02/2013 08/09/2013
08/10/2013 08/12/2013 09/03/2013 09/05/2013

Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Eyer Daub, Tara) (Entered: 07/17/2013)
ORDER re 23 Letter MOTION to Compel. The EEOC's response to defendant Silvercrest's letter−motion for a compulsion order (DE #23) was due yesterday. See S.D.N.Y./E.D.N.Y. Local Civ. R. 37.3(c) (response to letter−motion regarding discovery dispute must be filed within four days of receipt). If no response has been filed by noon tomorrow, defendant's motion to compel will be deemed unopposed. Ordered by Magistrate Judge Roanne L. Mann on 7/23/2013. (Williams, Jennifer) (Entered: 07/23/2013)
24 REPLY in Opposition re 23 Letter MOTION to Compel EEOC's Compliance With Discovery Obligations filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M) (Lepak, Thomas) (Entered: 07/24/2013)
25 Letter MOTION to Compel Silvercrest's Compliance with Discovery Obligations by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Lepak, Thomas) (Entered: 07/29/2013)
26 ENDORSED ORDER re 25 Letter MOTION to Compel Silvercrest's Compliance with Discovery Obligations filed by Equal Employment Opportunity Commission. Defendant Silvercrest's response to this letter−motion is due by August 2, 2013. Ordered by Magistrate Judge Roanne L. Mann on 7/29/2013. (Maynard, Pat) (Entered: 07/29/2013)
27 RESPONSE in Opposition re 25 Letter MOTION to Compel Silvercrest's Compliance with Discovery Obligations filed by The Silvercrest Center for Nursing and Rehabilitation. (Eyer Daub, Tara) (Entered: 07/31/2013)
28 Proposed Scheduling Order For Expert Discovery and Requesting Pre−Motion Conference by Equal Employment Opportunity Commission (Lepak, Thomas) (Entered: 08/01/2013)
29 ORDER re 28 Proposed Scheduling Order filed by Equal Employment Opportunity Commission. SO−ORDERED. Ordered by Magistrate Judge Roanne L. Mann on 8/1/2013. (Maynard, Pat) (Entered: 08/01/2013)
30 Letter Filed Jointly on Behalf of Both Parties Regarding Status of Protective Order by The Silvercrest Center for Nursing and Rehabilitation (Eyer Daub, Tara) (Entered: 08/02/2013)
31 Minute Order for Telephone Conference held before Magistrate Judge Roanne L. Mann on 8/9/2013, granting in part and denying in part 23 Motion to Compel; granting in part and denying in part 25 Motion to Compel. The Court addresses with the parties their cross−motions to compel (DE #23, #25) and, for the reasons stated on the record, grants each in part and denies each in part. Defendant is directed to file a proposed confidentiality order no later than Monday morning (August 12, 2013).(Williams, Jennifer) (Entered: 08/09/2013)
32 MOTION for Protective Order Defendant's Submission of Proposed Protective Order Pursuant to 8/9/13 Court Order by The Silvercrest Center for Nursing and Rehabilitation. (Eyer Daub, Tara) (Entered: 08/10/2013)
33 ORDER granting, with modifications 32 Motion for Protective Order. See attached. Ordered by Magistrate Judge Roanne L. Mann on 8/12/2013. (Maynard, Pat) (Entered: 08/12/2013)
34 Letter MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Lepak, Thomas) (Entered: 09/03/2013)
35 ORDER granting 34 Motion for Extension of Time to Complete Discovery. The parties' application for an extension of the Court's previously set deadlines is granted in substantial part (see attached Order). All other deadlines remain unchanged. Ordered by Magistrate Judge Roanne L. Mann on 9/5/2013. (Maynard, Pat) (Entered: 09/05/2013)

Case: 1:12-cv-4808 As of: 03/31/2014 02:08 PM EDT 5 of 6

09/20/2013
09/23/2013 10/01/2013 10/02/2013 10/30/2013 10/30/2013 10/30/2013 11/04/2013
12/02/2013

SELECTION OF MEDIATOR Peter H Woodin selected as Mediator. The first mediation session will take place on 10/10/2013 beginning at 9:30AM in the Courthouse of the Eastern District of New York, 225 Cadman Plaza East, Conference Room 402 South, Brooklyn, NY 11201. Participants should go directly to Conference Room 402 South. On or before 10/03/2013 Counsel shall file with the Mediator their client's mediation statement summarizing the facts,legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation will be signed at the mediation session by all participants and the Mediator and returned to the ADR Administrator, Gerald Lepp, by fax (718) 613−2368. Contact for the Mediator is: Peter H. Woodin, JAMS, The New York Times Building, 620 Eighth Avenue, 34th floor, New York, NY 10018; telephone (212) 607−2736; fax (212) 751−4099; email: pwoodin@jamsadr.com". Questionnaire for Attorneys in Mediated Cases (www.nyed.uscourts.gov/mediation) to be filed with ADR Administrator within two weeks following mediation session. (Lepp, Gerald) (Entered: 09/20/2013)
STATUS REPORT ORDER re Selection of Mediator. The parties are directed to file a Status Report by 11/1/2013. Ordered by Magistrate Judge Roanne L. Mann on 9/23/2013. (Maynard, Pat) (Entered: 09/23/2013)
36 MOTION to Continue Due to Government Shutdown by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order) (Lepak, Thomas) (Entered: 10/01/2013)
37 ENDORSED ORDER granting in substantial part 36 Motion to Continue. All pending deadlines are stayed until Congress has appropriate funds for the EEOC. The mediator is respectfully requested to reschedule the October 10th mediation session to a date later in October or early November. Ordered by Magistrate Judge Roanne L. Mann on 10/2/2013. (Maynard, Pat) (Entered: 10/02/2013)
38 Letter MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Lepak, Thomas) (Entered: 10/30/2013)
39 NOTICE of Appearance by Thomas Lepak on behalf of Equal Employment Opportunity Commission (notification declined or already on case) (Lepak, Thomas) (Entered: 10/30/2013)
40 ENDORSED ORDER granting 38 Motion for Extension of Time to Complete Discovery. The Court adopts the parties' proposed revised schedule. This is the final extension. The parties are directed to file a status report by 12/2/2013. Ordered by Magistrate Judge Roanne L. Mann on 10/30/2013. (Maynard, Pat) (Entered: 10/30/2013)
MEDIATION SESSION RE−SCHEDULED FOR 11/25/2013. The first mediation session will take place on 11/25/2013 beginning at 9:30AM in the Courthouse of the Eastern District of New York, 225 Cadman Plaza East, Conference Room 402 South, Brooklyn, NY 11201. Participants should go directly to Conference Room 402 South. On or before 11/18/2013 Counsel shall file with the Mediator their client's mediation statement summarizing the facts,legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation will be signed at the mediation session by all participants and the Mediator and returned to the ADR Administrator, Gerald Lepp, by fax (718) 613−2368. Contact for the Mediator is: Peter H. Woodin, JAMS, The New York Times Building, 620 Eighth Avenue, 34th floor, New York, NY 10018; telephone (212) 607−2736; fax (212) 751−4099; email: pwoodin@jamsadr.com". Questionnaire for Attorneys in Mediated Cases (www.nyed.uscourts.gov/mediation) to be filed with ADR Administrator within two weeks following mediation session (Lepp, Gerald) (Entered: 11/04/2013)
41 STATUS REPORT by Equal Employment Opportunity Commission (Lepak, Thomas) (Entered: 12/02/2013)

Case: 1:12-cv-4808 As of: 03/31/2014 02:08 PM EDT 6 of 6

12/02/2013 12/10/2013 12/30/2013 01/07/2014

42 ENDORSED ORDER re 41 Status Report filed by Equal Employment Opportunity Commission. Counsel are reminded that requests for a premotion conference are due by January 17, 2014, and responses are due by January 24, 2014. Ordered by Magistrate Judge Roanne L. Mann on 12/2/2013. (Maynard, Pat) (Entered: 12/02/2013)
REPORT of Mediation UNSETTLED One mediation session took place but the case did not settle. Accordingly, the case is returned to the assigned Judges. Questionnaire for Attorneys in Mediated Cases (www.nyed.uscourts.gov/mediation) to be filed with ADR Administrator within two weeks following mediation session. (Lepp, Gerald) (Entered: 12/10/2013)
43 SETTLEMENT AGREEMENT AND CONSENT DECREE by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A (Policy), # 2 Exhibit B (Notice)) (Lepak, Thomas) (Entered: 12/30/2013)
44 CONSENT DECREE: The EEOC and Silvercrest (hereinafter "the Parties") desire to resolve this matter without further litigation and adjudication in order to avoid the expensive and protracted costs incident to litigation; (see order for details). Ordered by Judge Nina Gershon on 1/7/2014. (Fernandez, Erica) (Entered: 01/07/2014)