FILED
ll< Cl<"TiI<'3 O<'I'leI!
'* IN THE U;\,ITED STATES DISTRICT COUWViS, Dlb""""CT ('O~!'Ir" UJ_I:;'
FOR THE EASTERCl DISTRICT OF NEW YORK ,X'r,J~ .3 0 """'''''".

L::\ITED STATES OF A\.lERJCA,

Bf1()Ol<LYN OFFiCE

PlaintifC
)JEW YORK :VIETlWPOLlT:\~ TR;\~SPORTATIO;': ACTllORlTY.
and

... 4237 Civil AqI~i,Ji04 ~ '1\:'., '_M~ TOWNES. J.

NEW YORK CITY TRA:\SIT AUTIlOIUTY,

Defendants.

,
~,

-.

ii: , ,

!;PMPLAINT

Plaintiff, United States of America ("United States"), alleges:

1.

This actioll is brought on bchalfofthc United States to enforce the provisions of

Title VII of the Civi I Rights Act of 1964, as amended, 42 U,S.c. § 20aOe, e( seq. ("Title VII").

2,

This Court has j uflsdiction of this action under 42 U.S.C. § 2000e-6(b), 28 U.S.c.

3.

Defendants, l\CW York l\ktropolitan Transportation Authority ("MTA") and New

York City Transit Authority ("NYCTX'), are public benefit corporations created pursuant to the

Jaws of the State of?\ew York.

--I..

Defendants are "persons" within the meaning of 42 U.S.c. § 2000c(a) and

'\::mplo;v'crs" withll1 the meaning of..J.2 tJ S C. § 2000c(b).

5. Defendants employ, among other individuals, bus and subway train operators,

responsible for transporting individuals throughout the New '{ark City metropolitan area.

6.

Defendants arc responsible fOf establishing the tenns, conditions, policies and

practices that bear upon the emplo)TIlerlt of their employees.

Prior to 2002, Deft:ndants failed or refused to consistently enforce uniionn

policres for bus and subway train operators, which provided, inter alia, either that i\.,lTA hats

were optional or that non<vlTA hats were prohibited. Cpon infonnation and belief, Defendants

condoned lhe wearing ofnon-MTA hats in some instances.

8. Since March 2002, Defendants have selectively enforced UnifOllll policies to

target :vluslim and Sikh employees whose sincerely held religious beliefs and practices require

that they wem religious head coverings. These religious practices conflict with Defendants'

unlfolll1 policlCs. As a result of Defendants' dIscriminatory application and enforcement of these

unifo01r policies, ;Vluslim, Sikh and similarly situated employees have suffered adverse

ernploY1nent aclions.

9. Defendants also have failed or refused to reasonably accommodate the sincerely

held religious beliefs and practices of \-luslirn, Sikh and sinularly sltuated employees.

10. Defendants discrimmatcd ag3inst ,'vlalikah Alkebulan, a bus operator and m~mber

of the TVluslim faith, bCC::lllse ofreligioll when she refused to comply with unifonn policies based

011 her sincerely held religious beliefs 3nd was, among other things, invoiuntmiiy transferred to a

POSitlO!1 slllftmg buses with no passenger mteraction and diminished benefils.

II. Defendants discriminated against Deirdre Small, a bus operator and member of

the \lus!irn faith, beclUse of religion when she refused to comply with umJorm pohclcs based on

her sincerdy held religious beliefs and was, among other things, inYoluntJlily transferred 10 a position shifting buses with no passenger interaction and diminished benefits.
12. Defendants dlscriminated against Gladys t\.'luhammad, a bus operator and member oflhe Muslim faith, because of religion when she refused to comply with unifonn policies based on her sincerely held religious beliefs and was, among other things, in\'oiu111anly transferred to a position shifting buses with no passenger interaction and diminished benefits.
13. Defendants discriminated against Stephanie Lewis, a bus operator and member of the .vIuslirn faith, because of religion when she refused to comply with unifolll1 policies based on her sincerely held religious beliefs and was, among other things, involuntarily transfen·ed to a
position shifting buses ,>vith no passenger interaction and diminished benefits.
14. Defendants discriminated against KevlIl Harrington, it subway train operator and member of the Sikll falth, because of religion when he refused to comply with umfonn policics based on hlS sincerely held religious beliefs and \vas, among other things, involuntarily transferred to ajob shifting subway trains with no passenger interaction and diminished bcneflts.
15. Defendants have pursued and continue to pursue policies and practices that discriminate ag:ul1st emplo:yees on the basis of religion, in violation of Section 707 of Title VII of
the ely!l Rights Act of 1964, as amended, 42 FS.C. § 2000e-6, among other ways, by:
A. Selectively enforcing ulllform policies and taking adverse employment actions agamst \,jusiill1, Sikh and similarly situated employ·ees who are unable to comply with unifoml policies for religious reasons;
B. Falling or refusing to reasonably accommodate y[uslim, Sikh and similarly situated employees who, in accordance with their religlolls hebe[') and pr:1clic('s, arc unable to comply with ul1lfonn policies: and

C. Failing or refusing to take appropriate aetlon to eliminate the discriminatory poliCles and practices and to remedy the effecls of those policies and practices.
16. The policies and practices of Defendants described in paragraphs 7 through 15 above constitute a pattern or practice of resistance to the full enjoyment by Muslim, Sik11 and simllarly situated employees of their rights to equal employment opponunitics \vithout discrimination hased on religIOn, in vlOlation of Section 707 of Tille VII of the Civil Rigbts Act
of 1964, as amended, 42 U.S.C § 2000e-6, This pattern or practice is of slich a nature and is intended to deny the full exercise of the rights secured by Title ViI. Unless enjoined by Order of
this Court, Defendants will continue to pursue policies and practices that arc the same as or similar to those alleged in this Complaint.
17. In accordance with Section 707 of Title VII or the Civil Rights A.ct of 1964, as amended, 42 U.S.c. § lOOOe-6, the United States, through the Department of Justice, has investigated the cmplo.\-11lent practices of Defendants, has notified them of the investigation and the policies and practlces described in paragraphs 7 through 15 above, and has unsuccessfully attempted to resolve this matter through negotiation.
18. All conditions precedent to the filing of this suit have been satisfied. WI IEREFORE, plaintiff United States prays for an Order enjoining Defendants, their officers, agents, employees, successors and all persons in active coneeli or parllcipation with them, from engaging in chscfiminalOry emploY1l1ent polIcies ;Jnel practices against :--""luslim, Sikh and simi1:J.rly situated employees based on religion, and specifically from falling or refusing to:
A.. Enforce ul1lform policies in a way that provides equal emp]oY111cllt opportunities and rC::lsonahle accommodations to all i'vIll,slilll, SIkh and similarly situated
- ~-

employees who arc unable to comply with uniform policies due to their religious beliefs and practices;
B. Adopt a policy designed to provide reasonable accommodations to l'vfusiIm, Sikh and simllarly situated employees who arc unable to comply with unifoml policies due to theIr religious beliefs and practices;
C. Provide reasonable accommodations to Muslim, Sikh and sImilarly situated employ.'ccs who arc unable to comply with unifonn policies due to their religious beliefs and practices;
D. Provide make whole relief, including but not limited to back pay with interest and other employment benefits, to Muslim, Sikh and similarly situated current and furmer employees \vho have suffered loss or will suffer loss as a result of the discriminatory policles and practices alleged in this Complaint; and
E. Take such olher steps as may be necessary to prevent and to remedy emplOyl1lCnt discrimmation and the pattcl11 or practice of discrimination in employment iJCt111 fled above.
Plaintiff United States prays for such fl1l1her relief as the Court may deem just, togelher Wltl! its COSIS and lllsburscmcnts in this action.
-5-

Plaintiff United States hereby demands a tria! by jury of all issues so triable pursuant to
Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991,
42 USc. § 1981a.
JOHN D ASHCROFT Attorney General
R. ALEXANDER ACOSTA Assistant Altomey General Ci\"il Rights Division
BYQJ~
DA VlD J. PALMER (DP488;1) (D.C. Bar No. 417834)
Pk~~~1
JYIf!LA [ v)). !.JL·~c~~~_
JOHN M. GADZICHOWSKI (JG6605) (Wise Bar No. 1(14294) Deputy Chief DIANA EMBREY (DE3048) (D.C. Bar No. 457470) LOUIS LOPEZ (D.C. Bar "10.461662) SHAARIK H. ZAFAR (SZ8670) (Tex. Bar No. 2402X248) Trial /\ttorncys U,S, Department of Justice Civil Rights Division Employment LitigatIOn Section 950 Pennsylvania Avenue, N.W. PatJick Henry Building, Room ..J.918 Washington, D.C. 20530 Telephone: (202) 353-2510 Facsimile: (202) 514-1105
i"-ttorneys for Plaml!ff Lnitcd States of America

 
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• Case 1:03-cv-02139-SLT-MDG

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

----------------------------------------------------------------l[ COMPLAINT

JURY TRIAL DEMANDED

DEIRDRE SMALL and MALlKAH ALKEBULAN

Plaintiffs,

' 0 3 iIf'~\\Y
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.O.J. r J'~~",

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DEARIE J

NEW YORK CITY TRANSIT AUTHORITY,

Defendant. ------------------------------------------------------------------l[

CHREIN, ~"

Plaintiffs by their attorneys ARMANI B. SCOTT, ESQ. and LONNIE HART,

JR., ESQ. complaining of the Derendants, respectfully shows and alleg"s as follows:

)

I. COMPLAINT

I. This case involves discrimination in employment based upon religion and

gender. T11is action is brought by Deirdre Small and Malikah Alkebulan. Plaintiffs

charge that the Defendant is discriminating against them regarding the terms and

conditions of their employment in violation of the First Amendment to the Constitution

of the United States, the Fomteenth Amendment to the Constinnion of the United States,

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000(e) et seq. Plaintiffs also

asserts pendent State claims for religious discrimination pursuant to Ncw York State

Constitution Article I § 3 and Ncw York State Executive Law Article 15 § 296 (1)(a).

II. JURISDICTION

2. This Court is vested with jurisdiction pursuant to 28 U.S.C. §§1331,

1343(3) and 1343(4), and 42 U.S.C. § 2000c-5(f)(3). Jurisdiction over Plaintiil's claims

arising under State Law is based upon doctrine of supplemental jurisdiction and on 42

U.S.c. § 1988(a).

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III. PARTIES

3, Plaintiff Deirdre Small is an African·American female, a United States

citizen and a practicing Muslima who is currently employed by defendant New York City

Transit Authority as II bus operator.

4. Plaintiff Malikah Alkebulan is an African-American female, a United

States citizen, ilnd a practicing Muslima who is currently employed by defendant New York City Transit Authority as a bus operator.

5. Defendant New York City Transit Authority (hereinafter "MTA") is a

public benefit corporation created and existing \Ulder the laws of New York Stale.

IV. ALLEGATIONS OF FACT

6. As required by their Muslim religion, plaintiffs Small and Alkebulan, wear a head covering called a "Khimllr".

7. Plaintiffs were wearing said Khimars since the beginning of their respective employment periods with the MTA.

8, Since Mrs. Alkebulan commenced employment in March 2002, the MTA

has harassed and discriminated against both plaintiffs Alkebulan and Small by instituting

an arbitrary, illegal and incoherent uniform policy.

9. The MTA's dress code for Bus Operators states that MTA issued hats are

"optional" and not required to be worn while bus operators are driving in passenger service. (Attached and Annexed hereto as Exhibit A)

10. The MTA has harassed Mrs. Alkebnlilll relentlessly during her tenure as an MTA employee.

II. Mrs. Alkebulan was bom into the Muslim faith and has worn her religious

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,

head covering since 1990.

12. Mrs. Alkebulan commenced employment '-'lith the MTA on March 11,

2002, as a bus operator assigned to tlle Ulmer Park Depot and completed her
probationary period v>ith the MTA on March 16, 2003.

13, Upon information and belief, on or about March 11, 2002, while at the MTA Training Center located at 750 Zerega Avenue, Bronx, New York, MTA Supednt~ndellt Acquotta told Mrs. Alkebulan that she could not wear "thal thing" (her Khimar) on her head.

14. Mrs. Alkebulan responded that wearing her Khimar was an obligatory

religious practice. Mrs. Alkehulan also informed MTA Superintendent Campbell abom her religious obligation to wear her Khimar.

15. Mrs. Alkebulan continued to wear her Khimm" during her training tenure and began operating MTA buses while wearing same.

16. On or about March 28, 2002, Mrs. Alkebulan spoke with MIA General

Superintendent DiPuma regarding official MIA policy on her Khimar. Upon

information and belief, Superintendent DiPuma was lUlaWare of any policy which prohibited Mrs. Alkcbulan from wearing a Khimar while operating a bus for the MTA.

17. Upon information and belief, on or about April I, 2002, MIA

Superintendent DiPuma told Mrs. Alkebulan that MTA Chief of Transportation, K.

Jennifcr Sinclair, would be fOl"\varding documentation regarding religious head cover. As

of the date of filing, no documentation has been provided by the MTA.

18. Upon information and belief, on or about April 4, 2002, while at an MTA training facility, MTA Superintendent CanlpbeJl instructed Mrs. Alkcbulan to remove her

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Khimar a.~ per the directive ofMTA Superintendent Deviccion.

Page 4 of 23

19. Upon information and belief, on or about April 15, 2002, Transport

Workers Union, Local 100 (hcreinafier "union") representative Lloyd Archer informed

Mrs. Alkcbulan there was no MIA policy on religious head cover and that she could wear her Khimar without incident.

20. Upon infonnation and belief, on or about April 16, 2002, in the presence

of union representative Jerry Baker, MTA Superintendent Richard DiPuma ordered Mrs.

Alkebulllll to wear a hat over her Khimar stating that nothing should he seen protruding
from the hal.

21. Upon infonnation and belief; on or about April 19, 2002, in the presence

of union representativo Jerry Baker, MTA Superintendent Deviccion ordered Mrs.

Alkebulan to wear a hat over her Khimar while in MTA training classes.

22. Upon infonnation and belief, on or about April 23, 2002, in the presence

of union representative Jerry Baker, MTA Superintendent DiPuma ordered Mrs.

Alkebulan (0 wear a hat during her operation of MTA busses. MTA Superintendent

DiPuma informed Mrs. Alkebulan that this decision was the providence of training room supervisors due to her probation status.

23. Mrs. Alkebulan continued operating MTA buses without wearing a hat over her Khimar.

24. Upon infonnation and belief, in May 2002, in the presence of Mrs.

Alkebulan and union representative Jerry Baker, MTA Superintendent DiPnma failed to

produce any MTA policy referencing religious head cover. MfA Superintendent

DiPuma stated that he would permit Mrs. Alkebulan to operate MTA buses with her

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25. Upon information and belief, in June 2002, MTA Superintendent Dil'urna

stated that Mrs. Alkcbulan was to wear a hat during the operation of MIA busses, as pcr

the instmetions of the MIA Brooklyn General Manager Kemlcth Daube. MIA

Superintendent DiPuma also staled that no \\ritten directives would be provided.

26. In June 2002, Mrs. Alkebulan was cited by MIA for being out of uniform

due to her Khimar. Mrs Alkebulun was mfused a copy of said citation. 27. On or about June 28, 2002, lvfrs. AlkebuJan attended a m~ting with union

Vice President, Amin Khan, MTA Chief of TrunspOitation Sinclair, and other MIA union representatives.

28. Upon infonnation and belief, Chief Sinclair stated that MIA policy

required Mrs. Alkebulan to cover her Khimar. Mr. Khan suggested that Mrs. Alkebulan

wear a hat until she completed her probationary period in order to maintain her job.

29. On or about July 12, 2002, Mrs. Alkebulan was ordered to turn in her

identification to MTA Supervisor. She was informed that she wus to be tenninated immediately.

30. Mrs. Alkebulan followed the instructions of her union representative Jerry Baker and kept her MTA identification and badge.

31. Mrs. A1kebulan was held out of service for three days before her union secured her return to work.

32. Throughout her probationary period, Mrs. Alkebulan was harassed about wearing a hat to cover her Khimar.

33. MIA supervisors questioned Mrs. A1kebulan on a daily basis about

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wearing a hat over her Khimar. Mrs. Alkebulun was also continually cited for being out

Ofullifonn jf she was seen without a hat covering her Khimar, whether she was operating
a bus or not.

34. On or about February 17,2003, Mrs. Alkebulan was terminated tor not

wearing a hat over her Khimar. Union representative, Lloyd Archer secured Mrs. Alkebulan's return to work the following day.

35. On the advice of union representatives and under protest, Mrs. Alkebulan

wore a baseball cap over her Khimar during the remainder of her probationary period.

36. Mrs. Alkebulan's probationary period expired on March 16, 2003, and she

does not wear a hat to cover her Khimar while operating MTA busses.

37. While plaintiffs Alkcbulan and Small arc similarly situated they have been treated differently throughout their tenures at the MTA.

38. Mrs, Deirdre Small has been a practicing Muslima for twenty"seven years

and has wom religions head covering since 1980.

39, Mrs. Small commenced employment with the MTA on June 29, 1998, as a

Bus Operator assigned to the Flatbush Depot

40. On or about .hme 29. 1998, Mrs. Small was told by MTA supervisors that

her Khimar was to be worn in a \vay that would allow her MTA badge and patch to be

prominently displayed.

41. Mrs. Small was not addressed again with regards to her Khimar until

September 2002.

42. On or about September 23, 2002, Mrs. Small was called in to the office of

the General Superintendent of the Flatbllsh Depot, Richard Dicciardello, aud ordered to

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wear an MTA-issued baseball hat over her Khimar,

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43. Mrs. Small refused to wear any hat over her Khimar because it violates her

Muslim beliefs to cover her Khimar ",jth any other type ofhead covering.

44. Upon infonnation and belief, on or about September 26, 2002, while operaling an MTA bus in passenger service, Mrs. Small was stopped by MTA

Superintendent Howard Citrinbaum and told that she had to wear a hat over her Khililllr.

Mrs. Small replied that she would not wear a hat over her Khimar because it violates her

religious beliefs and based llpon the MTA '5 own dress code, the hat was optionaL

45. Upon infoffimtion and belief, Superintendent Citrinbaum replied, "You can't drive a bus willi that 'thing' on your head."

46. Mrs. Small asked for any regulation or rule thai prohibited her from

v.rearing a Khimar while in passenger service to be put into vvriting.

47. As of the date of this filing, the MIA has failed to provide Mrs. Small

with any written rule or regUlation which prohibits her from wearing a Khimar while in passenger service.

48. On or about September 30, 2002, MIA General Superintendent Richard

Diccaridello confronted Mrs. Small while she attempted to begin her bus route and took

her out of service without pay for refusing to wear an MIA issued baseball hat over her Khimar.

49. On or about September 30, 2002, based upon information and belief,

Superintendent Citrinbaum infonned MIA dispatcher Aversano that Mrs. Small was not

to operate a bus because she would not wear a baseball hat over her Khimar.

50. On or about September 30, 2002. Mrs. Small provided the MIA via her

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union representativos with a letter from Imam Siraj Wahhaj, a religious leader of the

Masjid At-Taqwa Mosque located in Brooklyn, New York, which confirms that it

violates Islamic beliefs for a Muslim woman to wear any lype of head covering over her

Khimar. (Attached and Annexed hereto as Exhibit B).

51. On or about October 1, 2002, Mrs. Small was permanently taken out of

passenger service and placed on other duties inside oflhe Flatbush Depot

52. Some of Mrs. Small's new duties include basic janitorial work, shifting

busses within the depot, and transporting out-of-service buses to locations as far a\\uy

from the depot as Tarrytown, New York and Lodi, New Jersey.

53. Mrs. Small has had absolutely no contact with MTA customers since
September 30, 2002.

54. Upon infonnation and belier, these Ie-assigned duties prevent Mrs. Small from acquiring valuable over time opportunities within the MIA.

55. As of the dale of this filing, Mrs. Small is still not a passenger service

operator, a position she perfOlmed without cause for change in her status from June 1998 until September 30, 2002.

56. Purthermore, upon information and belief, male Muslim bus operators

employed \,ith the MTA are allowed to wear a head covering called a "Kufi" while in

passenger service without repercussions from the J\.ITA.

57. Plaintiffs filed grievances against the MIA with their union, as well as

with the U.S. Equal Employment Opporhmity Commission (EEOC).

58. The EEOC issued a "Right 0 Sue" letter to plaintiff Small on Pebruary 11,

2003, and a "Right to Sue" letter to plaintiff Alkebulan on Aplil 10, 2003, and this

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Complaint is filed within 90 days thereof. (Attached and Alillexcd hereto as Exhibit C)

v. CLAIM ONE- GENDER DISCRIMINATION UNDER TITLE VII
59. Plaintiffs adopt and repeats the allegations of paragraphs 1 through 58 as though set forth at length herein.
60. All of (he adverse actions taken against Plaintiff~ were motivated by
gender animus and were pcrfonned with the intent to discriminate based on gender. 61. The Defendant has continued to discriminate against Plaintiffs based on
gender in that the Defendant has only taken disciplinary action against females of the Muslim religion for refusing to wear MTA issued baseball hals over their religions head cover.
62. Based upon infOimation and belief, male MTA employees oflhe Muslim religion are allowed to wear religious head covering called a "Kufi" without having disciplinary action taken against them.
63. TIle Defendant's gender discrimination is "villfid and deliberate and is done under color of law, and they constitute a pattern, custom and practice of gender discrimination which prevents Muslim women from working as bus operators.
64. Thc Defendant's above described discriminatory conduct against thc Plainti:ITs violates their rights under 42 USC § 2000e-2, which makes it an unJaVvful employment practice for an employer to fail 01' refuse to hire any individual because of her sex, or to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to dcprive any individual or employment opportunities or otherwise adversely affect her status as an employee, because of such

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individual's gender.

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65. As a direct and proximate resull of the Defendant's wrongful actions

complained of herein, Plaintiffs have suffered a loss of substantial income and

professional opportunities with the MTA, as well as irreparable injury to their personal

and professional dignity and reputation and have suffered mental anguish and extreme

emotional distress.

66. As a consequence or Defend~nt's wanton and reddcss disregard for

Plaintiffs' civil rights, Plaintiffs are each entitled to compensatory and punitive damages

in the amount of$300,OO.OO.

VI. CLAIM TWO- RELIGIOUS DISCRIMINATION UNDER TITLE VII 67. Plaintiffs adopt and repeat the allegations of paragraphs 1 through 66 as
though set forth at length herein.
68. All of the adverse actions taken against Plaintiffs were motivated by
religious animns and were perfomled with the intent to discriminate based on religion. 69. TIle Defendant has continued to discriminate against Plaintiffs based on
religion in that the Defendant has only taken disciplinary action against members of the Muslim religion for refusing to wear MIA issued baseball hats over their religious head
cover. 70. Based upon information and belief, any person who is a practicing
Muslima and is sufficiently qualified, is not permitted to pursue their chosen profession as a Bus Operator without impediment or harassment.
71. The Defendant's religious discrimination is willful and deliberate and is

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done undor color of law, and they constitute a pattern, custom and practice of religious

discrimination.

72. The Defendant's above described discriminatory conduct against the

Plaintiffs violates their rights under 42 USC § 2000e-.2, which makes it an unlawful

employment practice for an employer to Jilil or refuse to hire any individual because of her religion, or to limit, segregate, or classifY his employees or applicnnts for employment in any way which would deprive or tend to deprive any individual or

employment opporrnnities or otherwise adversely affect her status as an employee, because ofsuch individual's religion.

73. As a direct and proximate result of the Detendant's wrongful actions

complained of herein, Plaintiffs have suffered a loss of substantial income and

professional opportunities, as well as irreparable injury to plaintiff's personal and

professional dignity and reputation and has suffered mental anguish and ex.treme emotional distress.

74. As a consequence of Defendant's wanton and reckless disregard for Plaintiffs' civil rights, Plaintiff~ are each entitled (0 compensatory and punitive damages in tlle amount of$300,00.00.

VII. CLAIM THREE- GENDER DISCRIMINATION UNUER THE FOURTEENTH AMENUMENT TO THE UNITED STATES CONSTITUTION
75. Plaintiffs adopt and repeat the allegations of paragraphs 1 through 74 as thongh set forth at length herein.
76. The Defendant's gender discrimination against Plaintiffs violates their rights under (he Equal Protection Clause of the Fourteenth Amendment, which is
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enforceable under 42 V.S.G. § 1983, and which guarantees equal protection of the law to

all persons in the United States.

77, The Defendant's unlawful gender discrimination against the Plaintiff is

willful and deliberate and is based upon policies and practices which deny females of the

Muslim religion equal oppOitunity to work as bus operators for the MTA. Meanwhile,

male MTA bus operators who are adherents of the Muslim religion are allowed to wear

traditional religious headwear called a kufi without discipline or repercussion.

78. As a direct and proximate result of the Defendant's wrongful actions complained of herein, Plaintiffs have suffered a loss of substrtntial income and professional opportunities, as well as irreparable injury to Plaintiffs' personal and

professional dignity and reputation and has suffered mental anguish and extreme emotional distress.

79. As a consequence of Defendant's wanton and reckless disregard for Plaintiffs' civil rights, Plaintiffs arc each entitled to compensatory and punitive damages in the amount of $2,500,00.00.

VIII. CLAD... FOUR-RELIGIOUS DISCRIMINAnON UNDER THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION
80. Plaintiffs adopt and repeat the allegations of paragraphs 1 through 79 as though set forth at length herein.
8 L The Defendant's religious discrimination against Plaintiffs violates their rights under the First Amendment, which is enforceable under 42 U.S.C. § 1983, and which guarantees freedom to practice religion vdthout discrimination to all persons in the United States.
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82. The Defendant's unlawful religious discrimination against the Plaintiff is

willful and deliberate and is based upon policies and practices which deny members of

the Muslim religion equal opportunity to work as Bus Operators for the MIA

83. As a direct and proximate result of the Defendant's wrongful actions

complained of herein, Plaintiffs have suffered a 10&5 of substantial income and

professional opportunities, as well as irreparable injury to Plaintiffs' personal and

professional dignity and reputation and has suffered mental anguish and extreme

emotional distress.

84. As a consequence of Defendant's wanton and reckless disregard for

Plaintiffs' civil rights, Plaintiffs are each entitled to compensatory and punitive damages

in the amount of $2,500,00.00,

IX. CLAIM FIVE-GENDER DISCRIMINATION UNDER NEW YORK STATE EXECUTIVE LAW SECTION 296
85. Plaintiffs adopt and repeat the allegations of paragraphs 1 through 84 as though set forth at length herein.
86. Defendant's conduct was motivated by the intent to discriminate against Plaintifts based on gender in violation of New York Executive Law Section 296 e/ seq.
87. The Defendant's unlav..ful gender discrimination against the Plaintiffs is willful and deliberate and is based upon policies and practices which deny females of the Muslim religion equul opportunity to work as bus operators for the MTA. Meanwhile, male MTA bus operators who are adherents of the Muslim religion are allowed to wear traditional religious headwear called a Kufi withom discipline or repercussion.
88. As a direct and proximate result of the Defendant's wrongful actions
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complained of herein, Plaintiffs have suffered a loss of substantial mcoma and

protessional opportunities, as weU as irreparable injury to Plaintiffs' personal and

professional dignity and reputation and has suffered mental anguish and extreme emotional distress.

89. As a consequence of Defendant's wanton and reckless disregard for Plaintiffs' civil rights, Plainlifts are each entitled to compensatory and punitive damages

in the amount of$2,500,00.00.

X. CLAIM SIX-RELIGIOUS DISCRIMINATION UNDER NEW YORK STATE
CONSTITUTION ARTICLE 1 § 3 90. Plaintiffs adopt and repeat the aUegations of paragraphs 1 through 89 as
though set forth allength herein. 91. Defendant's conduct was motivated by the intent to discriminate against
Plaintiffs based on religion in violation of New York State Constitution Articlel § 3.
92. The Defendant's unlav"ful religiOlls discrimination against the Plaintiff is willful and deliberate and is based upon policies and practices which deny adherents of the Muslim religion equal opportunity to work as BllS Operators for the MTA.
93. As a direct and proximate result of the Defendant's wrongful actions complained of herein, PlaintiITs have suffered a loss of substantial income and professional opportunities, as well as irreparable injury to Plaintiffs' personal and professional dignity and reputation and has suffered mental anguish and extreme emotional distress.
94. As a consequence of Defendant's wanton and reckless disregard for Plaintiffs' civil rights, Plaintiffs are each entitled to compensatory and punitivo damages
14

• Case 1:03-cv-02139-SLT-MDG in the amount of$2,500,00.00.

Document 1

•Filed 05/02/2003

Page 15 of 23

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs prays that after a hearing on the matters alleged
herein, the Court will grant the fo!iov,ing relief: A Issue a declaratory judgment declaring that the wrongs complained of
herein violate the rights of Plaintiffs guaranteed by the First Amendment to the Constitution of the United States, the Fourteenth Amendment to the Constitution of the United States, Tille VII of the Civil Rights Act of J964, 42 U.S.C, §2000(e) el
seq., New York State Constitution Article I § 3 and New York Slate Executive Law
Article 15 § 296 (1)(a). B. Judgment granting equitable relief directing that Defendant cease and
desist from their discriminatory activity and reinstating Plaintiffs to their full status as Bus Operators.
C. Award Plaintiffs compensatory aud punitive damages. D. Retain jurisdiction of this action for a snfficient time to ensure full compliance with the equitable reliefreqllcsted herein. E. Award Plaintiffs their costs incurred in this case, togethcr with reasonable attorneys' fees and expenses and expert fees, pursuant to 42 U.S.C. §§ 1988 and 2000e5(k).

15

• Case 1:03-cv-02139-SLT-MDG

Document 1

•Filed 05/02/2003

Page 16 of 23

F. Grant Plaintiffs such additional and further relief as the Court may deem just and

equitable under the circumstances.

Dated: Brooklyn, New York May L , 2003

,L- J'/-f

ARMANI B. SCOTT Attorney for Plaintiffs 331 Vanderbilt Avenue, Suite 2 Brooklyn, New York 11205 (718) 783-3520 Bar Code: AS8751

LrdtQ

C~4

~

ONNIE HART, JR.

Attorney for Plaintiffs

44 Court Street, Suite 807

Brooklyn, New York 11201

(718) 852-7000

Bar Code: LII 3560

16

• Case 1:03-cv-02139-SLT-MDG

. Document 1

•.Filed 05/02/2003

Page 17 of 23

. '.

""L"U~ U'''U!'AX 718 927 8064
V • Case 1:03-cv-02139-SLT-MDG
"" NewYorkCily.Transif
Department of Buses

• TRANSPORTA!,ON
Document 1

SUPPORT ~ FLATBlJSH DEPOT
Filed 05/02/2003 Page 18

of

2Ii3llOOlJOil'4'

Temporary Bulletin

,

September 13, 2002
REMOVE FROM POSTING ON MAY 1, 2003
To: M'n·g~"'1np,~;&",., Bus Operatom and All Concerned
From:
Subject:
During the period ofOctobcr IS, 2002, through April 30, 2003, bus opemlors are required 10 wear their New York City Transit (NYCn winter uniforms. However. unjfonn shorts ace nol 10 be worn after September 30, 2002. Bus opertllofS are not considered ready for duty unles$lhey llre.fully llilired In tire complete and proper uniform. The winter unifonn is as follows:
• Light blue uniform shirt (properly worn, lucked'in~idc the unifonn trousers/culottes).
• The NYCT maroon tie or bow-tie is maudatory and must be properly worn with a long or short sl~e uniform ~hirt.
• The ctlll1maDdo sweater or cardigan sweater vest may be worn with or without the bi-swmg jackcL
• Navy-blue uniform tronsers. Operators will be permitted to wear the grey unifonn trousers and culottes until further nolice (Navy blue trousers from previous uniform dislributiollS are acceptable).
• Depot logo caps are optional. Depot logo caps may only' be worn with Ihe bill of the cap facing forward ..
• NYCT issued safely uniform shoulboots with slip-resistant soles.
Bus operators may DOl wear other footwear while in service, Imless granted permission
by management (for medical reasons).
• Coats or sweatshirts areJlot ~o'be worn while operating io customer service.
• Bus operators are nquinld to have their signed employee identification (lD) passes in their possession aDd Jl!operly displayed at a1l time.' while on duty or on NVcr property.

• Case 1:03-cv-02139-SLT-MDG

• . . Document 1 " Filed 05/02/2003

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. . ,.

• Case 1:03-cv-02139-SLT-MDG

• , ' ' ,
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(718) ~21·0800 F",,-(J 18) 39g·Q)41

?ftM1/4 At-?,...
1266 BE[)PORD AV~NUE BROOKLYN, N,Y. 11215
~tember 27. 2002

To Whom It May Concern:

This letter is to conflnn thaI Sr. Deirdre R. Small is a MusJima in good standing.

She is one of the Worldwide Community consisting one billion, three-hundred million

muslims. In 01U' religion, ALL muslim woman must cover from head to toe and the only places on the body ofa muslim sister that are permissible to e){p"se are the f~ce and

hands. It is forbidden for her to do othetwise. The head ooverirtg known as the khimar is

an o"ligatory headdress of all Women in Islam. Nothing is 10 he worn over the khimru:,

such 11$ hats. baruian!\S, etc.

Quean 18:)1 And lell the believing women to

lower their gaze and be modest, and to display ofthcir adonunent only1itat wbleh is

apparent, and to draw their veils OWl their bosoms and not tQ reveal their adornments save to their own husbands or fathers or husband'~ fathers, or their sons or their hll~band'S

sons, brolhers song or sisters sons, or their ''{omen, or their slaves, or male attendants who

lack vigor, ot cblldren who knowmmgltt ofw(!m<::os's nakedncss.

?lease refer to the above infurmation for contllCt.

," ,

• Case 1:03-cv-02139-SLT-MDG

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. . . u.s. '
Case 1:03-cv-02139-E SLT~ -MED~GIPLOYDMIotcNuTmOePnPt O1RfVMFTilYedCO05M/0J2I./a2O00N3 Page 22 of 23

To: M, Ddd,. Snwll 1416 [l,Ookl}'fl Avenue
Brooklyn, NY 1\210

DB'ISSAL AND NOTICE OF RIGHT"
From-
Equal Emplo)iIlent Opportunity Commission
Now YOTk District Offioc
33 Whitehall Street, ,,", Floor
Nev; YQrk, N<w York 10004

. . . ,

0" b<hal[ifperson!,) ~gt'i."d ",h"" Id,"',,)! Is
CONFIOENTJAI. (29 CFR§ 1601. 7(0))

Charg, ""(). 160-A3-00528

EEOC K'p''''"!'!i," J-<gal Unit

Telephono ~o. (212) 336-3620

THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLl.OWING REASON'

[J [ 1 {l

The facts alleged io me charge fail to Strue a claim under filly of the statutes enforoed by the EEOC.
, YQ~r allegations did nOI involve" disability illilt is co"ered by the A'ner;cans wi\1l Di,.bil.i\.i~s Act. The Respondent (lIIlploys les, than the required number of employees or is not othel~"ise covered by the statues.

[ 1 We cannot investigate your charge becaus¢ it was not filed within the time limit required by law.

[

Having been given 30 days in which to respond. you failed to provide iIlformatwn. failed to appear or be avail.ble for

interviewsJconfcrences, or otherwi.e fOiled to cooperate to the extent that it was nO! po.sible to re,OIve your charge.

[

While rea,onable efforts were made to locate you, we were not able to do so.

[
[ XJ
1

You had 30 days to accept a lcasonablc settlement offor that afford full reHeffar the harm you alleged.
Tile EEOC iSSUe, the following determination' Based upon its i"vc,tigatwn, the EEOC is unable to condude that the information obtained establishe, violations of the 'latute, Thi, doe, not certify that the respondent is in compliance with the stamtes. No finding is made as to any oth.r issues that might be constru.d as haying been raised by this charge.
The EEOC has adopted the findings of the state or local f"lf cmployment practice, agcnC)' that investigated this charge

[

Other (briejly>late)

- NOTICE OF SUIT RIGHTS-
(See lhe oddiliMal mjM""lion a<lached to thi, ja'm.)
Title VII, the American' "itn Di,ahllitie. Act, and/or the Age Discrimination in Employment Act: This wm be the only notice of
dismissal and of your right to sue that we will send you. Yon may file a lawsuit <"Ig<lul$! the rcspondeut(,) under federal law based on
thi' charge in federal Or stale cOurt. Your law'uil must bc med WITHIN 90 DAYS from your receipt of this Notice; otherwi'e, yourright
to sue based on thi' charge will be lost. (TIle time limil for filing suit based on a .Late claim may be different)
Equal Pay Act (EPA): EPA suits must b. filed in federal or statC court within 2 ye," (3 yoars for willf"l ~iolalions) of the allegod ill'A underpayment. This mean. that baclq>ay duo for any viol.tlons that occurred more than 2 VCl"IrS (3 vears) before you file suit rna}' not be collectible.
On behalf of the Commission

Enc1Qsure(s)
00: Respoudent(s); Mr. Rlchllfd Schoolmoo, Esq. Special Counsel NYC Troosit Authority 130 Living,ton Street Brooklyn, NY 11201

Spencer l! Lewis, Jr.,· strict Director
CP', Altomey: Mr. Armam B. Scott, Esq. SCOlt & Mason·Kitlsey LLP 331 Vanderbilt Avenue, Suite 2 BrooklYll, NY 11205

. . ' .
Case 1:03-cv-021U3.98.-SEQLTU-AML DE~G1PLOYDMoFc.uNTmOePnPt O1RTUNFITilYedC0O5M/0~2'/2O0'03

Page 23 of 23

anSSAL AND NOTICE 0:1" RIGHT,

To, M.lil<all Alkebulan 2932 Avenue V, Apt 40
Brooklyn, Now York 11229

From, Equal Employment Opportunity Commission Now York Dist,;,! Offico
33 Whiteholl Street,,'" Floor New Yor\:' New York 10004_21 12

. .' ,

On b'/w1J aipecs""i') alS8""",d whos, 'd,mil}' " CONI'IDfiNT1AL (,l9 CFR § 1601,7(0))

Char,:' No, 160·A3·01032

F,EOC II.OP""""'II" Legal Untt R·j

Td'pho",No. (2I2)J36-3721

THE EEOC IS CLOSING lTS FILE ON TiliS CHARGE FOR THE FOLLOWING REASON:

[ 1 The facts alleged in the chaIge fail to state. claim under any of the ,(.Iute, enforced by the EEOC-

1 Your allegations did not involve a disability th.t is covered by the Amoricau' with Disabilitie, Act

[
l 1

The Respondent e01pioys less than the required number of employees or is not otherwise covered by the ,tatutes. We cannot investigate your charge bccau,e it wa' not filed "ithin tho time limit required by law.

l 1

Having been given 30 days in which to respond, ~ou failed to provide information, fuiled to ~pear or bo available for interviews/conference" or otherwise failed to cooperate to the oxtent that it was not possible to resolve your charge.

[

While reasonable efforts were made to locate you, we were not able to do so.

l 1 You had 30 day, to a=pt a realOnable settlement offer that afford full relieffor tho harm you alleged.

l Xl

The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conc\nde that tbe information obtained ",wbli,he" violotions of\hc stat"tes. TIli. does not certifY tha! the respondent is in compliance with the .taMes, No finding i, made as to any other issues that might be construed as having beeu raised by this charge.
The EEOC has adopted the f",dings of the state or local fair elnplo;'ment practice, agency that invesligated this charge.

[ 1 Other (briefly sIale)

• NOTICE OF SUIT RIGHTS-
(Sot Ih. aadiOion~II"/o,ma,;o" """cl,,d '0 (hls/or,"-!
Title vn, the Americans with Disabilities Al:t, and/or the Age lliscr!mination in Employment Act: This will be the only notice of
dismiss.l and of your right to snc that we will send you, You may file a lawsuit against the tespondent(s) under federal law based on this charge in federal 01 stale court Your lawsuit must be filed WITHIN 90 tJAYS from yOU!· r<:ee!l't of tbis Notice; otllerwise, yourright
to sue based ou this charge will he lost. (The tinle limit for filing suit based on a st~te claim may be differenl.)
Equal Pay Act (EPA): EPA suits must be filed in federal or stat" court within 2 years (3 ~~ars fur willful violations) oflh. alleged EPA underpayment. Tbis meanS that backpay due ror .ny v;ulations that oeo,m·oo more than 2 ye"rs (J years> bdore you file 'nit may not be collectible.
On behalf of the Commission

Enc1osure(S)
ce: Re,pondent(s): New York City Transi! Authority 130 Livingston Stre<t Brook1,n, New York 112Q\ Ann: Richard Schoolman Special Counsel

ClP At!orn")': Soot! & Mason-Kin'e)-, LLP
Attorney' At Law 331 Vanderbilt Avenue, Suite 2 Brooklyn, New York 11205

 
 • Case 1:05-cv-05477-SLT-MDG

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Law Offices of Ravinder S. I3halla Ravinder S. ShaJla, Esq. (RB2870) 1 Newark Street, Suite 28 Hoboken, New Jersey 07030 201-610-9010

5477

The Sikh Coalition 396 Broadway, Suite 701 New York, New York 10013

Center for Constitutional Rights Shayana Kadidal, Esq. (SK 1278) 666 Broadway, 7th Floor New York, NY 10012

Attorneys/or Plaint!!I

UNITED STATES DISTRICT COURT FOR THE EASTERN DI,STRICT OF NEW YORK

INDER.I1T SINGH, JATINDER SINGH ATTARI, BRIJINDER SINGH GILL, SATINDER ARORA, and TRILOK ARORA
PlainiilTs,

])ockc! #:

VS.

NEW YORK CITY TRANSIT AUTHORITY, CORPORATE JOHN DOES 1-5, and JOliN DOES 1-10.
Defendants.

COMPLAINT

Plaintiffs, Inderjit Singh, Jatinder Singh Attari, Brijinder Singh Gill, Satinder fIlH)m, and Trilok Arora, by way of Complaint against Defendants, hereby allege and state:

• Case 1:05-cv-05477-SLT-MDG

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Introduction 1. Plaintiffs, lndcljit Singh, latinder Singh Attari, Brijinder Singh Gill, Satinder Arora, and Trilok Arora ("Plaintiffs"), bring this action for pcnnanent injunctive, declaratory and monetary relief pursuant to the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.c. § 2000(e), Section 296 of the New York State Human Rights Law, and the First and Fourteenth Amendments of the United States Constitution, to seek redress for unlawful and discriminatory employment practices, policies and actions by Defendants arising from their employment as Station Agentss.
The Parties 2. Plaintiffs arc or have been employees of Defendants and serving as Station Agents. PlaintiiIs arc practicing members of the Sikh religions faith. As Sikhs, Plaintiffs are required to maintain uncut hair and cover it with a turban. 3. Defendant, New York City Transit Authority ("NYCTA"), is a public benefit corporation created pursuant to the laws of the State of New York. Individual John Does 1-10 and Corporate John Does 1-5 are as of yet identified individual employees of Defendants or related corporate entities. 4. Defendants are "persons" within the meaning of 42 U.S.c. § 2000e(a) and "employers" within the meaning of42 U.S.C. § 2000e(b).
.Jurisdiction & Venue 5. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 2000e-5(1)(3), 28 U.S.C. § 1331, and 28 U.S.C. § 1343(a)(3), and supplemental jurisdiction over claims under the New York State Human Rights Law pursuant to 28 U.S.C. § 1367, as the state law claims form part of the same case or controversy.

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6. Plaintiffs' action for declaratory and injunctive relief is authorized by 28 U.S.c. §§ 1343,2201 and 2202.

7. 2000e-5(1)(3).

Venue is proper pursuant to 28 U.S.C. § 1391(b) and 42 U.S.c. §

Procedural and Administrative Requirements

8.

Plaintiffs have satisfied all of the procedural and administrative

requirements set forth in §706 of Title VII (42 U.S.c. § 2000e-5), in particular:

(a) Plaintiffs filed a timely Charge of Discrimination with the United

States Equal Employment Opportunity Commission ("EEOC") on July 15,2005.

(b) Plaintiff received a "Notice of Right 10 Sue" from the EEOC on or about August 22,2005.

(c) The Complaint in this matter is being filed within ninety (90) days of receipt of the Notice of Right to Sue provided to Plaintiff.

The Sikh Religion

Facts Common to All Counts

9. The Sikh religion is a monotheistic faith that originated in or around the year 1499 in the northwestern areas of South Asia that are known today as Panjab.
10. Sikhism is a distinct and independent religion and is not affiliated with any other religion. Members of the Sikh religious faith adhere 10 a specific system of bclief and worship that includes a distinct code of conduct and practice. There are approximately over 20 million adherents of Sikhism worldwide.

I 1. As part of the practice of their religion, Sikhs are required to wear a turban.

3
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12. The requirement to maintain uncut hair and wear a turban is commonly viewed by members of the Sikh faith to be among the central requirements of the Sikh religion. Plaintiffs as Employees of the Defendants
13. Plaintiffs have been employed by Defendants as Station Agents for as long as 1I years. During the majority of the course oftheir employment, and prior to their employment with Defendants, Plaintiffs wore unadorned turbans while performing their job functions for Defendants in accordance with their Sikh religious beliefs and practices.
14. Upon information and belief, Defendants never, until in or around November 2004, voiced any objection to the Plaintiffs' practice of wearing a turban while performing their duties as Station Agents, nor did Defendants voice any concern that Plaintiffs were not able to adequately perform their job functions because they worn a turban.
15. Plaintiffs' religious practice of wearing an unadorned turban has in no way, shape or form interfered with the full and proper performance of their job duties, or in any way, shape or form impeded their ability to perform their job functions.
lG. In or around November 2004, Defendants imposed a new demand upon Plaintiffs. Specifically, Defendants required that Plaintiffs begin branding their turbans with the Defendants' corporate logo.
17. Pursuant to this policy, in April 2005, the Plaintiffs' superiors met with each of the Plaintiffs and demanded that they begin branding their turbans with the Defendants' corporate logo and tying turbans issued by Defendants.

4

• Case 1:05-cv-05477-SLT-MDG

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18. Plaintiffs have repeatedly requested in writing that Defendants reasonably accommodate their religious practices by not requiring them to brand their turbans with the Defendants' corporate logo.

19. Upon information and belief, Defendants permit Station Agents to wear different types of hats for secular reasons that do not display Defendants' logo. For example, Station Agents arc permitted to wear different head coverings in summer and winter months based upon changes in outdoor temperature and/or weather conditions, without Defendants' logo.
20. Additionally, Defendants established a pattern and practice of routinely ignoring and failing to enforce secular violations of uniform policy governing head coverings tor Station Agents and other "frontline" employees by permitting such employees to wear hats that are not even issued by Defendants, such as New York Yankees and New York Mets hats, while on active job duty. These hats also do not have the Defendants' logo or other insignia attached to it.
21. Notwithstanding these facts, Defendants are refusing to pennit an exemption from their irregularly enforced uniform policy for Plaintiffs, who have raised a rcligiously~based objection to Defendants' uniform policies.

22. Defendants continue to demand that the Plaintiffs brand their turbans with its corporate logo despite the absence of any evidence that Plaintiffs are not able to successfully complete all their job functions while wearing turbans unadorned by Defendants' corporate logo in accordance with their Sikh religious beliefs.
23. Four of the five Plaintiffs presently work for the Defendants as Station Agents and face adverse job consequences if they do not comply with Defendants'

5

• Case 1:05-cv-05477-SLT-MDG

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demand to brand their turbans. Plaintiff Brijinder Singh Gill quit his job with Defendants

as a result orthe Defendants' pressure on him to brand his turban with its corporate logo. COUNT ONE
(42 U.S.c. § 2000e - Failure to Accommodate)

24. Plaintiffs repeat and reallege each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
25. Plaintiffs have a bona .fide religious belief as members of the Sikh religion in wearing a turban that is unbranded by the Defendants' corporate logo.
26. Defendants' repeated directives that Plaintiffs are required to brand their turbans with the Defendants' corporate logo directly conflict with their religious beliefs and practices.

27. Plaintiff" informed Defendants of their religious belief that they may not brand their turbans with the Defendants' corporate logo.

28. corporate logo.

Defendants continue to direct Plaintiffs to brand their turbans with its

29. PlaintiiI'> have suffered adverse employment consequences as a direct and proximate result of the Defendants' discriminatory and malicious conduct towards them.

30. Defendants' conduct towards Plaintiffs constitutes illegal discrimination as proscribed by 42 U.S.C. § 20aOe.

31. As a direct and proximate result of Defendants' improper and illegal conduct, Plaintiffs have and will continue to suffer harm.

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COUNT TWO (42 U.S.C. § 2000c - Disparate Impact)
32. Plaintiffs repeat and reallege each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
33. Plaintiffs have effectively fulfilled their employment functions for years without branding their turbans with the Defendants' corporate logos. They remain fully qualified to fulfill their employment functions without having to brand their turbans with the Defendants' corporate logo.
34. Defendants' conduct, as described herein, has had an unjustified, adverse and disparate impact on Plaintiffs and other similarly situated members of the Sikh religion, and constitutes illegal discrimination as proscribed by 42 U.S.C. § 20aOe.
35. As a direct and proximate result of Defendants' improper and illegal conduct, Plaintiffs have suffered and will continue to suffer harm.
COUNT THREE (42 U.S.c. § 2000e - Disparate Treatment) 36. Plaintiff" repeat and reallege each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein. 37. Defendants are responsible for establishing the terms, conditions, policies and practices that bear upon the employment of their employees. 38. Defendants have failed to or refused to consistently enforce uniform policies for Station Agents which provide, inter alia, either that Defendants' hats were optional or that non-company hats were prohibited. Upon information and belief,

7

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Defendants condoned the weanng of non-company hats In some instances, and also issued hats with no company logo.
39. Defendants have selectively enforced uniform policies to target Sikh employees whose sincerely held religious beliefs and practices require that they wear religious head coverings. As a result of Defendants' discriminatory application and enforcement of these policies, Sikh and other similarly situated employees have suffered adverse employment actions.
40. Defendants' aforementioned conduct amounts to a selective enforcement of uniform policies and the taking of adverse employment actions against Sikh and other similarly situated employees who arc unable to comply with uniform policies for religious reasons.
41. As a direct and proximate result of Defendants' improper and illegal conduct, Plaintiffs have suffered and will continue to suffer harm.

COUNT FOUR (New York State Human Rights Law § 296 - Failure to Accommodate)
42. Plaintiffs repeat and reallege each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
43. Plaintiffs have a bona fide religious belief as members of the Sikh religion in wearing a turban that is unbranded by the Defendants' corporate logo. PlaintitTs informed Defendants of their religious belief that they may not brand their turbans with the Defendants' corporate logo.

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44. Defendants' repeated directives that Plaintiffs are required to brand their turbans with the Defendants' corporate logo directly conilict with their religious beliefs and practices.
45. Defendants continue to direct Plaintiffs to brand their turbans with its corporate logo.
46. Plaintiffs have suffered adverse employment consequences as a direct and proximate result of the Defendants' discriminatory and malicious conduct towards them.
47. Defendants' conduct towards Plaintiffs constitutes illegal discrimination as proscribed by the New York State Hmnan Rights Law, N.Y. Exec. L. §
296.
48. As a direct and proximate result of Defendants' improper and illegal conduct, Plaintiffs have and will continue to suffer harm.
COUNT FIVE (New York State Human Rights Law - Disparate Impact)
49. Plaintiffs repeat and reallege each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
50. Plaintiffs have effectively fulfilled their employment functions for years without branding their turbans with the Defendants' corporate logos. They remain fully qualified to fulfill their employment functions without having to brand their turbans with the Defendants' corporate logo.
Sl. Defendants' conduct, as described herein, has had an unjustified, adverse and disparate impact on Plaintiffs and other similarly situated members of the

9

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Sikh religion, and constitutes illegal discrimination as proscribed by the New York State Human Rights Law, N.Y. Exec. L. § 296.
52. As a direct and proximate result of Defendants' improper and illegal conduct, Plaintiffs have suffered and will continue to suffer harm.

COUNT SIX (New York State Human Rights Law - Disparate Treatment) 53. Plaintiffs repeat and reallege each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein. 54. Defendants are responsible for establishing the tcrms, conditions, policies and practices that bear upon the employment of their employees. 55. Defendants have failed or refused to consistently enforce uniform policies for Station Agents which provide, inter alia, either that Defendants' hats were optional or that non-company hats were prohibited. Upon information and belief, Defendants condoned the wearing of non-company head coverings in some instances, and also issued hats with no company logo. 56. Defendants have selectively enforced uniform policies to target Sikh employees whose sincerely held religious beliefs and practices require that they wear religious head coverings. As a result of Defendants' discriminatory application and enforcement of these policies, Sikh and other similarly situated employees have suffered adverse employment actions. 57. Defendants' aforementioned conduct amounts to a selective enforcement of uniform policies and the taking of adverse employment actions against Sikhs and other

IO

• Case 1:05-cv-05477-SLT-MDG

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similarly situated employees who arc unable to comply with uniform policies for religious reasons.
58. As a direct and proximate result of Defendants' improper and illegal conduct, Plaintiffs have suffered and will continue to suffer harm as proscribed by New York State Human Rights Law, N.Y. Exec. L. § 296.
COUNT SEVEN (42 V.S.c. § 1983 - First Amendment, U.S. Constitution) 59. Plaintiffs repeat and reallege each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein. 60. Upon information and belief, Defendants' policy regarding the branding of the Plaintiffs' religious headdress with its corporate logo is not consistently enforced by Defendants.
61. While Defendants tolerate and make de facto exemptions from their policy for secular reasons, they have not offered any substantial justification for refusing to provide similar treatment for employees who seek an exemption from their policy for religious reasons.
62. In so doing, Defendants have violated Plaintiffs' rights ill1der the free Exercise Clause of the First Amendment of the United States Constitution.
63. As a direct and proximate result of Defendants' improper and illegal conduct, Plaintiffs have and will continue to suffer harm.

II
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WHEREFORE, Plaintitfs demand judgment against Defendants:

(a)

Declaring and Adjudging Defendants' conduct alleged in this

Complaint to be discriminatory and in violation of Plaintiffs' civil

rights under Title VII or the laws of the State of New York;

(b) Permanently enjoining Defendants from discriminating against Plaintiffs on any basis forbidden by Title VII and the laws of the State of New York;

(c)

Ordering the development of a peer mediation employment dispute

process through collaboration of labor and management officials, to

resolve future disputes at their incipient stages;

(d)

Ordering Defendants to immediately permit Plaintiffs to continue

their employment as a Station Agents and enjoy all seniority and

other benefits entitled thereto, without being required to wear

Defendants' logo or other insignia on their turbans;

(e)

Ordering that Defendant compensate, reimburse, and make whole

the Plaintiffs for all the benefits Plaintiffs would have received but

[or Defendants' conduct, including but not limited to pay and

benefits;

(t)

Ordering an award for any additional compensatory, consequential

damages or punitive damages as the Court may deem just and

proper, including pre- and post-judgment interest;

(g)

Ordering an award of attorneys , fees and costs of suit; and

(h)

For such other relief deemed just and equitable by the Court.

Law Offices ofRavinder S. Bhalla 1 Newark Street, Suite 28 Hoboken, New Jersey 07030 (201) 610-9010

The Sikh Coalition 396 Broadway, Suite 701 New York, New York 10013

12

• Case 1:05-cv-05477-SLT-MDG

Document 1

• Filed 11/17/2005

Page 13 of 13

Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012

Attorneys/hr Pla;nl(fl

IlY~·<;~~' Ravinder S. Bhalla

Dated: November 16, 2005

13

 
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Law Offices of Ravinder S. Bhalla Ravinder S. Bhalla, Esq. (RB2870) 1 Newark Street, Suite 28 Hoboken, New Jersey 07030 201-610-9010
The Sikh Coalition 396 Broadway, Suite 701 New York, New York 10013
Center for Constitutional Rights Shayana Kadidal, Esq. (SKI278) 666 Broadway, 7th Floor New York, NY 10012
Attorneys for Plaintiff, Kevin Harrington

cv-o ~.J.' 3341
FILED
IN eLlAA'$ O"IC.
U.S. DtSfRICT COURT S.D.N.Y.
JUl152005 QY
* J GERSHON, *BROOKLYNOFFICE
MATSUMOTO, M.J.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

KEVIN HARRINGTON, Plaintiff,
VS.
LAWRENCE G. REUTER, individually and in his official capacity, the NEW YORK METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, CORPORATE JOHN DOES 1-5, and JOHN DOES 1-10.
Defendants.

Hocket #: COMPLAINT

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Kevin Harrington, residing in the Bronx, New York, by way of Complaint against Defendants, hereby alleges and states:

Introduction

1. Plaintiff, Kevin Harrington ("Harrington"), brings this action for

permanent injunctive, declaratory and monetary relief pursuant to the provisions of Title

VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), Section 296 of the New York

State Human Rights Law, the First and Fourteenth Amendments of the United States

Constitution and the common laws of the State of New York, to seek redress for acts of

unlawful and discriminatory employment practices, policies and actions by Defendants

arising from his employment as a Train Operator.

The Parties

2.

Plaintiff, Kevin Harrington, has been employed by the Defendants for

over twenty (20) years as a Train Operator. Mr. Harrington is a citizen of the United

States of America and is also a practicing member of the Sikh religious faith. As a Sikh,

Mr. Harrington is required to maintain uncut hair and cover it with a turban.

3.

Defendant, Lawrence Reuter, is the President of the New York City

Transit Authority, and has direct and personal knowledge of and involvement in the

allegations contained herein.

4.

Defendants, New Yark Metropolitan Transportation Authority ("MTA")

and New York City Transit Authority ("NYCTA."), are public benefit corporations

created pursuant to the laws of the State of New York.

5.

Defendants are "persons" within the meaning of 42 U.S.C. § 2000e(a)

and "employers" within the meaning of 42 U.S.C. § 2000e(b).

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Jurisdiction & Venue

6.

This Court has jurisdiction over this action pursuant to 42 U.S.C. §

2000e-5(1)(3), 28 U.S.C. § 1331, and 28 U.S.C. § 1343(a)(3), and supplemental

jurisdiction for common law violations pursuant to 28 u.S.C. § 1367, as the common law

claims form part of the same case or controversy.

7.

Plaintiff's action for declaratory and injunctive relief is authorized by 28

U.S.C. §§ 1343,2201 and 2202.

8.

Venue is proper pursuant to 28 U.S.C. § 139l(b) and 42 U.S.C. §

2000e-5(1)(3).

Procedural and Administrative Reguirements

9. Plaintiff has satisfied all of the procedural and administrative

requirements set forth in §706 of Title VII (42 U.S.C. § 20000-5), in particular:

(a)

Plaintiff filed a timely Charge of Discrimination with the

United States Equal Employment Opportunity Commission ("EEOC") on or about March

23,2005. (b)

Plaintiff received a "Notice of Right to Sue" from the EEOC

on or about May 25, 2005.

(c)

The Complaint in this matter is being filed within ninety (90)

days of receipt of the Notice of Right to Sue provided to Plaintiff.

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Facts Common to All Counts

The Sikh Religion

10.

The Sikh religion is a monotheistic faith that originated in or around the

year 1499 in the northwestern areas of South Asia that are known today as Panjab.

11.

Sikhism is a distinct and independent religion and is not affiliated with

any other religion. Members of the Sikh religious faith adhere to a specific system of

belief and worship that includes a distinct code of conduct and practice. There are

approximately over 20 million adherents of Sikhism worldwide.

12.

As part of the practice of their religion, Silms are forbidden from cutting

their hair and arc required to wear a turban.

13.

The requirement to maintain uncut hair and wear a turban is commonly

viewed by members of the Sikh faith to be among the central requirements of the Sikh

religion.

Kevin Harrington as an Employee of the Defendants

14.

Mr. Harrington has worked for the Defendants for over twenty (20)

years. 15.

During Mr. Harrington's approximately 20 years as a Train Operator for

Defendants, his job mandated clothing and equipment has generally consisted of: a button

down vertical striped with an logo on the sleeve, a fluorescent orange vest, blue

regulation trousers, ear protectors, and dark colored shoes.

16.

During Mr. Harrington's approximately 20 years servmg as a Train

Operator and prior to his employment with Defendants, he has also worn a turban in

accordance with his religious beliefs and practices.

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17. Upon information and belief, during these 20 years, Defendants never voiced any objection to his practice of wearing a turban while performing his duties as a Train Operator. To the contrary, over these years, and upon information and belief, Mr. Harrington's supervisors affinnatively told him that they had no objection to his wearing a turban.
18. During these 20 years, Mr. Harrington's religious practice of wearing a turban has in no way, shape or fann interfered with the full and proper performance of his job duties as a train operator, or in any way, shape or [Olm impeded his ability to perform his job functions. Defendants Order Mr. Harrington to Remove His Turban
19. In June 2004, an official of Defendants ordered Mr. Harrington to remove his turban while on the job. The official also told him that ifhe refused to do so, he would lose his job as a Train Operator and the privileges he had earned based on his years of service, and be reassigned to a position outside the public view.
20. In response, Mr. Harrington requested that Defendants accommodate his religious beliefs and practices.
21. Mr. Harrington also refused to remove his turban, and as a direct and proximate result, in early June 2004 he was punished through reassignment to a position outside the public view. Days later, Defendants rescinded this assignment and placed him back in his position as a Train Operator.
22. Nonetheless, despite an apparent resolution to the dispute, Defendant Reuter wrote a letter to Roger Toussaint, head of Mr. Harrington's W1ion, warning Mr. Harrington and others with seniority who were not able to wear W1iform hats because of

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religious reasons to choose yard jobs out of public view in the forthcoming selection

process. 23. Mr. Han'ington resisted Defendant Reuter's retaliatory threat and

refused to remove his turban or select ajob outside the public view. Rather, he selected

to serve as a Train Operator, as he had been for the many years prior to this dispute.

Defendants Institute a New Headgear Logo Policy

24.

In Octoher 2004, Mr. Harrington was advised by Defendants that he

would he allowed to continue to wear the turban he had been wearing for the last twenty

(20) years as a Train Operator.

25.

However, Defendants thereafter imposed a brand new demand upon Mr.

Harrington, specifically, that he he required to place Defendants' "logo" on his turban.

The Defendants threatened to fire Mr. Harrington unless he agreed to place the logo on

his turban while performing his job functions.

26.

Mr. Harrington advised Defendants that he considered the placement of

a logo on his turban a violation of his religious beliefs and practices, and to be in direct

conflict with his religious beliefs and practices.

27.

Defendants thereafter did not even respond to repeated requests made by

Mr. Harrington, through his legal cmmsel, to enter into a dialogue with Mr. Harrington

for the purpose of determining whether Defendants could reasonably accommodate his

request to identify an alternative to wearing a logo on his turban.

28.

Left with no other choice, facing the loss of his decades long

employment and benefits, and facing tremendous emotional and financial distress caused

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by the Defendants' conduct towards him, Mr. Harrington reluctantly decided to wear the logo, under protest, and to avoid an involuntary transfer.
COUNT ONE (42 U.S.c. § 2000e - Failure to Accommodate)

29. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
30. Mr. Harrington has a bonafide religious belief as a member of the Sikh religion in wearing a turban.
31. Mr. Harrington informed Defendants of his religious belief In maintaining tmcut hair and wearing a turban.
32. Defendants' repeated directive that Mr. Harrington would not be permitted to wear a turban while performing his job duties as a Train Operator directly conflicted with the practice of his religious beliefs.
33. Defendants' repeated directive that Mr. Harrington be required to place Defendants' logo on his turban while perfonning his job duties as a Train Operator directly conflicted with the practice ofMr. Harrington's religious beliefs.
34. Mr. Harrington has suffered adverse employment consequences as a direct and proximate result of the Defendants' discriminatory and malicious conduct towards him.
35. Defendants' conduct towards Mr. Harrington constitutes illegal discrimination as proscribed by 42 U.S.c. § 2000e.
36. As a direct and proximate result of Defendants' improper and illegal conduct, Mr.Harrington has and will continue to suffer harm.

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COUNT TWO (42 U.S.C. § 2000e - Disparate Impact)
37. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
38. Mr. Harrington has been employed by Defendants as a Train Operator for over 20 years. He remains fully qualified for this position and has effectively performed his job duties in the course of his employment.
39. Defendants' adverse conduct towards Mr. Harrington, as described herein, has had an unjustified, adverse and disparate impact on Mr. Harrington and other similarly situated members of the Sikh religion, and constitutes illegal discrimination as proscribed by 42 U.S.C. § 2000e.
40. As a direct and proximate result of Defendants' improper and illegal conduct, Mr. Harrington has and will continue to suffer hann.
COUNT THREE (42 U.S.c. § 2000e - Disparate Treatment) 41. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein. 42. Defendants are responsible for establishing the temls, conditions, policies and practices that bear upon the employment of their employees. 43. Defendants have failed or refused to consistently enforce unifoml policies for subway train operators which provided, inter alia, either that Defendants' hats were optional or that non-company hats were prohibited. Upon information and

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belief, Defendants condoned the wearing of non-company hats in some instances, and also issued hats with no company logo.
44. Defendants have selectively enforced unifOlTIl policies to target Sikh employees whose sincerely held religious beliefs and practices require that they wear religious head coverings. As a result of Defendants' discriminatory application and enforcement of these policies, Sikh and other similarly situated employees have suffered adverse employment actions.
45. Defendants' aforementioned conduct amounts to a selective enforcement of unifonn policies and the taking of adverse employment actions against SHills and other similarly situated employees who are unable to comply with uniform policies for religious reasons.
46. As a direct and proximate result of Defendants' improper and illegal conduct, Mr. Harrington has and will continue to suffer hann.
COUNT FOUR (New York State Human Rights Law § 296 - Failure to Accommodate)
47. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
48. Mr. Harrington has a bona fide religious belief as a member of the Sikh religion in wearing a turban.
49. Mr. Harrington informed Defendants of his religious belief III maintaining uncut hair and wearing a turban.

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50. Defendants' repeated directive that Mr. Harrington would not be permitted to wear a turban while performing his job duties as a Train Operator directly conflicted with the practice of his religious beliefs.
51. Defendants' repeated directive that Mr. Harrington is required to place a logo on his turban while perfonning his job duties as a Train Operator directly conflicted with the practice afMr. Harrington's religious beliefs.
52. Mr. Harrington has suffered adverse ~mployment consequences as a direct and proximate result of the Defendants' discriminatory and malicious conduct towards him.
53. Defendants' conduct towards Mr. Harrington constitutes illegal discrimination as proscribed by the New York State Human Rights Law, N.Y. Exec, L. § 296.
54. As a direct and proximate result of Defendants' improper and illegal conduct, Mr. Harrington has and will continue to suffer hann.
COUNT FIVE (New York State Human Rights Law - Disparate Impact)
55. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs ofthe Complaint as if fully set forth herein.
56. Mr. Harrington has been employed by Defendants as a Train Operator for over 20 years. He remains fully qualified for this position and has effectively performed his job duties in the course of his employment.
5? Defendants' adverse conduct towards Mr. Harrington, as described herein, has had an unjustified, adverse and disparate impact on Mr. Harrington and other

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similarly situated members of the Sikh religion, and constitutes illegal discrimination as proscribed by the New York State Human Rights Law, N. Y. Exec. L. § 296.
58. As a direct and proximate result of Defendants' improper and illegal conduct, Mr. Harrington has and will continue to suffer harm.
COUNT SIX (New York State Human Rights Law - Disparate Treatment) 59. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein. 60. Defendants arc responsible for establishing the terms, conditions, policies and practices that bear upon the employment of their employees. 61. Defendants have failed or refused to consistently enforce uniform policies for subway train operators which provided, inter alia, either that Defendants' hats were optional or that non~company hats were prohibited. Upon information and belief, Defendants condoned the wearing of non~company hats in some instances, and also issued hats with no company logo. 62. Defendants have selectively enforced uniform policies to target Sikh employees whose sincerely held religious beliefs and practices require that they wear religious head coverings. As a result of Defendants' discriminatory application and enforcement of these policies, Sikh and other similarly situated employees have suffered adverse employment actions. 63. Defendants' aforementioned conduct amounts to a selective enforcement of uniform policies and the taking of adverse employment actions against Sikhs and other

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similarly situated employees who are unable to comply with uniform policies for religious reasons.
64. As a direct and proximate result of Defendants' improper and illegal conduct, Mr. Harrington has and will continue to suffer harm.
COUNT SEVEN (42 U.S.C. § 1983 - First Amendment, U.S. Constitution) 65. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein. 66. Upon infolTImtion and belief, Defendants' policy regarding pennissible head coverings for Train Operators is not a policy that is consistently enforced by Defendants. 67. Upon information and belief, Defendants pennit Train Operators to wear different types of hats for secular reasons that do not display Defendants' logo. For example, Train Operators are pennitted to wear different head coverings in summer and winter months based upon changes in outdoor temperature and/or weather conditions, without Defendants' logo. 68. Additionally, Defendants established a pattern and practice of routinely ignoring and failing to enforce secular violations of uniform policy governing head coverings for Train Operators and other "frontline" employees by permitting such employees to wear hats that are not even issued by Defendants, such as New York Yankees and New York Mets hats, while on active job duty. These hats also do not have the Defendants' logo or other insignia attached to it.

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69. Notwithstanding these facts, Defendants are refusing to permit an exemption from its irregularly enforced uniform policy for Mr. Harrington, who has raised a religiously based objection to Defendants' unifOlTIl policies.
70. While Defendants tolerate and make de facto exemptions from their
policy for secular reasons, they have not offered any substantial justification for refusing to provide similar treatment for employees who seek an exemption from their policy for religious reasons.
71. In so doing, Defendants have violated Mr. Harrington's rights under the Free Exercise Clause ofthe First Amendment of the United States Constitution.
72. As a direct and proximate result of Defendants improper and illegal conduct, Mr. Harrington has and will continue to suffer harm.
COUNT EIGHT (Harassment)
73. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
74. Subsequent to infonning Defendants that his bonafide religious beliefs prevented him from complying with their demand that he remove his turban while working as a Train Operator and wearing an a logo, Mr. Harrington was subjected to acts of harassment by Defendants.
75. Defendants' conduct towards Mr. Harrington was a direct and proximate result of his religious beliefs and practices, and a form of harassment for the exercise of these beliefs and practices in violation of the common laws of the State of New York.

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76. As a direct and proximate result of Defendants improper and illegal conduct, Mr. Harrington has and will continue to suffer harm.
COUNT NINE (Retaliation)
77. Plaintiff repeats and realleges each and every allegation set forth in the preceding paragraphs of the Complaint as if fully set forth herein.
78. Subsequent to infonning Defendants that his bonafide religious beliefs prevented him from complying with their demand that he remove his turban while working as a Train Operator and wearing a logo, Mr. Harrington, as described herein, was subjected to acts of retaliation by Defendants.
79. Defendants' conduct towards Mr. Harrington was a direct and proximate result of his religious beliefs and practices, and a fann of retaliation for the exercise of these beliefs and practices in violation of the common laws of the State of New York.
80. As a direct and proximate result of Defendants improper and illegal conduct, Mr. Harrington has and will continue to suffer hann.

WHEREFORE, Plaintiff demands judgment against Defendants:

(a)

Declaring and Adjudging Defendants' conduct alleged in this

Complaint to be discriminatory and in violation of Plaintiff's civil

rights under Title VII, the laws of the State of New York, and the

common law;

(b) Permanently enjoining Defendants from discriminating against Plaintiff on any basis forbidden by Title VII, the laws of the State of New York, or the common law;

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(c)

Ordering the development of a peer mediation employment dispute

process through collaboration of lahor and management officials, to

resolve future disputes at their incipient stages;

(d)

Ordering Defendants to immediately permit Plaintiff to continue his

employment as a Train Operator and enjoy all seniority and other

benefits entitled thereto, without being required to wear Defendants'

logo or other insignia on his turban;

(e)

Ordering that Defendant compensate, reimburse, and make whole

the Plaintiff for all the benefits Plaintiff would have received but for

Defendants' conduct, including but not limited to pay and benefits;

Cf)

Ordering an award for any additional compensatory, consequential

damages or punitive damages as the Court may deem just and

proper, including pre- and post-judgment interest;

(g)

Ordering an award ofattomeys' fees and costs of suit; and

(h)

For such other relief deemed just and equitable by the Court.

Law Offices of Ravinder S. Bhalla 1 Newark Street, Suite 28 Hoboken, New Jersey 07030 (201) 610-9010

The Sikh Coalition 396 Broadway_ Suite 701 New York_New York 10013
Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012

Attorneys for Plaintiff Kevin Harrington
B;\2CW' (:-~6t- ~. Ravinder S. Bhalla

Dated: July 14, 2005 15

 
 - Case 1:04-cv-02331-SLT-MDG

Document 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
-"--"---------------------------------------------------------]( STEPHANm U:WIS
Plaintitf,

• Filed 06/07/2004 Page 1 of 25
FILED
IN Cf.!'RK'S ames
us. [)!STRfCr GOUnT, E.D:N.V.
* * JUNU72004
o~::- BROOKLYN

-against-

VERIFIED COMPLAINT Index No.

NF:W YORK CITY TRANSIT AUTHORITY,meIIARD IlICClARELLO

CV

RICHARD HERMAN, STEVE LOPIANO,
TOMMY DAVIS, ~"!.-'-'-.."'~ ~~~~"l'\'v-..~

04 2331
I(ORMf\~I, CH. J.

Defendants -------.--"---------------------------------------------------){

CHREIN, J.

Plaintiff STEPAHINE LEWIS, by and through the undersigned attorneys, alleges as

follows:

NATURE OF ACTION I. Plain(iffbrings this action to remedy:

(A) Discrimination Oil the basis of religion and gender in the terms, conditions and

privileges of employment in violation of: (a) the Title VII of the Civil Right Act
of 1964, as amended, 42 U.S.C. §§ 2000 et seq.: (b) New York Executive Law §

292(1), § 296 (lO)(a) and; (e) New York City Administrative Code § 8-107(1);

(A) Failure to Accommodate religious beliefs under the terms, conditions and

privileges of employment in violation of: (a) § 701 Ul of Tille VII of the Civil Rights Act, as amended 3t42 U,S,C, § 2000e(i), New York Executive Law §

296(10)(b), City IIRL § 8-107(3)

(C) Dispamtc Treatment under Title VII of the Civil Rights Act of 1964, 3S amended,

42 U.S.C §§ 2000 ct seq,; The New York Executive Law, and the Now York City

Administrative Code;

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(D) Disparate Impact \mder § 703(k) afTitle VII of the Civil Rights Act of 1991, as amended, 42 U.s.C. § 2000e-2(k); the City IlRL § 8" 107(1 7);
(El Conspiracy to Discriminate based on plaintiffs religion and gender under the New York Executive Law § 296(6);

(F) Retaliation against an employee fo1' having complained of discrimination III violation of Title VII, 42 U$,C. § 2000e-3(a), New York Executive Law § 296(7), and the City AdministmliYe Code § 8-107(7), (l'l);
(G) Deprivation of rights guaranteed by 42 U.S.G. § 1983, the First and Fourteenth Amendments to the United Slates Constitution, and Article I, Section 8 and 11 of the New York State Constitution. Plaintiff seeks both
declaratory relid and monetary damages.

JURISnICTlON AND VENUE 2, This Court has jurisdiction over plaintiffs Title VI! claims under 42 () ,S.c. §
2000e-5(.1)(3), 28 U.S.c. §§ 1331, 1343(a)(3) and (aX4). 3. This Court has supplemental jurisdiction over plaintifrs Slate law claims under 28
U.S.c. § 1367(a), since plaintifrs federal and state law claims arise from a common nucleus of operative facts and arc so interlwined as to make the existence of supplemental jurisdiction over the state law claims appropriate. 4. Plaintiff has complied with the prerequisite to jurisdiction undcr Tille VII. On February December 4, 2003, plaintiff filed a timely charge with the Equal Employment Opportunity Commission ("EEOC") alleging (hat the NYC CITY Tran~it Authority ("MTA"), discriminatcd against her based on religion, religious

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beliefs and gender and failed to accommodate her religious beliefs. (A copy of this charge is attached hereto us Exhibit (A). S. Plaintiffs stated that On February 12, 2003, the MTA took adverse action against her by not a!1owing her to drive the passenger bus and relegated h~r to other job
duties at the Depot.
6. On March 4, 2004, the EEOC issued plaintiff a Right-to-Sue lotter in the Pederal Court on the above charges. The leUer was mailed on Mal'ch 7'11 and received by our office on March 10, 2004. (A copy of the Right-to-Sue letter is attached as Exhibit (8)
7, In its letler, however, the EEOC confll~ed the uate of MTA' 5 adver;:e action against plaintiff, Febnmry 12, 2003, with (he date of her return from her disability leave, FebnJaty 6, 2003. Thereby, concluding that the federal charge was not filed timely.
8, On March 12, 2004, OUl' office sent a letter to correct the EEOC's confusion a~ to the date of the adverse action and discrimination and that of the plaintiff's return from her disability leave. (Copy of the letter is offered as Exhibit (C)).
9. PlaintiIT complied with the requirements of N,Y.C. Admin. Code § 8-502(C). A copy of the complaint hus been served on the New York City Commission on Human Rights and the New York City Corporation Counsel.
10. Venue is proper in the Eustem District of New York under 28 U.S.c. § 1391 (b)
in that the plaintiff resides in Brooklyn. PARTmS

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11. Plaintiff, Stephanie Lewis resides at 947 Montgomery Street, Apt #5, Ilrooklyn, NY, Plaintiff is a female and a Muslim-American. She has been employed by the NYC Transit Authority as a Bus Operator since March of 1989.
12. Defendant NYC Transit Authority ("ivITA") is a municipal corporation duly organized and existing under the laws of the State of New York, At all times material to this action, the NYC Transit Authority wa~ the plaintiffs "employer" within the meaning of Section 701(1) of Title VII (42 U,S.C. § 2000e(f), Section 292(1) of the State HRL, and Section 8-102(1) of (he City HRL. The City is also a "person" within the meaning of 42 U.$,C. § 1983 and the Fourteenth Amendment of the United State~ Constitution.
13. Richard Dicciarello, is thc General Superintended within the NYC Transit Authority. He is respon~ible to follow employment directivc~ and policics, including religious accommodation ofreligious beliefs and equality betwcen male and female employees. He i~ also responsible for ensuring that the NYC Transit Authority doe.~ not deprive any individual of rights securcd by federal or state law. He is also rcsponsible for hiring, screcning, training, retention, supervision, discipline and counseling of NYC Transit Anthority. Defendant Richard Dieeiarello knew or should have known of thc discriminatory customs, practices, policies, and wrongful aets described in the complaint but nonethcless, condoned, ratified, and/or authorized such conduct. lIe is being sued in his ofllcial and individual capacities.
14. Richard Hennan, is the Dispatcher within the NYC Transit Authority. Be is responsible for implementing employment policies and operations. He

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participated in various MTA decisions to deny plaintiffs employment, educational and training opportunities. lIe is being ~\1ed in his official and
individual capacities. 15. Benny Pepperino is the Dispatcher at Flalbush depot. He participated in val'ious
MTA decisions to deny plaintiffs employment, edu~ational and training opportunities. He retaliated against plaintiff for speaking out against her discrimination. I-Ie is being sued in his official and ind ividual capacities. 16. Tommy Davis is the Dispatcher at Flathush Depot. \-Ie participated in various MTA decisions to deny plaintiffs employment, educational and tmining opportunities. He exposed plaintiff to daily harassment and hostile environment. He is being sued in hig official and individual capacities. 17. Steve Lopiano is the Assistant (,eneral Manager at th~ Flatbush Depot. I-Ie participated in various MTA decisions to deny plaintirrs employment, educational and training opportunities. He exposed plaintiff to daily harassment and work hostile environmcnt. He is b~ing sued in his official and individual capacities. 18. At all times material to this action, defendants have acted under color or custom or usage of law and continue to so act, depriving plaintiiT ofl'ights, privileges, and immunities secured to her by the constitution and laws of the Ilniled States and the State of New York, Wld in direct violation oflhc Civil Rights Act of 1871, 42
u.s.c. § 1983.
19. Defendants have individually and collectively discriminated against plaintiff on the basis of religion and gender and in retaliation against plaintiff for not only

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having complained about employment discrimination in the MT A but also having
exercised her constitutionally protected lree speech rights.

FACTUAL ALJ.EGATIONS

20. Plaintiff is II female Muslim-American. As required by her Religion, lslam, she wears a scarf("Khimar") as her only head cover.
21, Plaintiff has been employed by Defendant since M~rch 27, 1989. She held tbe Title of Bus Operator.
22. Plaintiff has worked in that capacity during her 14 years of employment with the MTA. Primarily she is responsible for driving a passenger ML\ bus, She is responsible for transporting passengers on a MTA bus.
23. Since plaintiffs commenced her employment with the l'vITA, she has worn II Khimar without any complaint or discipline.
24. During her tenure as a passenger Ens Operator, she was never reprimanded on her job performance or behavior.
25. During her 14 years of service as Bus Operator, plaintiIT has received numerous positive work performance evaluations. She performed her duties as II Dus Operator with professionalism and courtesy, A substantial number of passengers have sent letters lind/or commendations to defendants praising plaintiff on for her professionalism and courtesy,
26. In March, 2002, plaintiff went out on disability leave, She returned to work on
February 6, 2003. 27. lipon her return, she was required to attend a course called 19-A Re-Ccrtification.

6

• Case 1:04-cv-02331-SLT-MDG Document 1

• •
Filed 06/07/2004 Page 7 of 25

•

28. "1110 course is mandatOlY for Bus Operators who are l'etuming from a long leave of

absence. While taking the course, the General Superintendent Richard Dicciarello

in (he presence of Union Chair person Athena Carter, supplied plaintiIT with the MTA hat and instructed her to wear it when she retuilled to work. 29. Plaintiff passed all her Rc-Certificution tests and reported to work on FebnJary 1J, 2003. While the plaintiff was operating the bus, Dispatcher Richard lIel'man

boarded the bus and cited plaintifffor not wearing the lvlTA hat.

30, Plaintiff expressed her refusal to wear the MTA hat over her "Khinmr" because it

violated her religious beliefs.

31, On Fcbrumy 12, 2003, Superintendent Richflrd Oicciarello, in the presence of the Union representatives, Leroutha Carter and Vice Chairperson of the Flatbush Dep'ot Carlos Clarke, informed plaintiff that because she refused to wear the MTA hat she would be relived of her dutic~ as Bus Operatol'.
32. Since February 12, 2003, plaintilfhas not been allowed to perform her duties ~s a Bus Operator. She has been assigned to depot duties.
33. Defendant disciplined and is continuing to discipline plaintiff by relegating her \0

depot's duties such as janitorial work, shifting buses within depots, transpOiting

out of service buses to Tonytown, NY, Zecrcga Depot, Bronx, NY E.N. Y. Depot, Brooklyn, Lodi, NJ, Pellsky, Bronx, NY. 34. Plaintiff suggested that she makes the "Khimar" with the same m~terial and color as the MTA unifoffil with the logo on top. Defendants refused her request.

7

Case 1:04-cv-02331-SLT-MDG Document 1 Filed 06/07/2004 Page 8 of 25
35. Plaintiff complained about her discrimination (0 the media on February 26, 2003.
As a result, defendants starteu harassing her and exposing her (0 hostile environment in retaliation.
36. Dispatcher Steve LQpanio required plaintiff(o inform him whenever she steps out to the bathroom.
37. On or about March 27, 2003, Dispatcher Tommy Davis yelled at plaintiff for going to the ladies room without infOlnJing him while other employees were not obligated to such report.
38. When plaintiff complaint of such harassment to the lJnion Representative,
Loretha Carter, asked plaintifl"to go along and play the game. 39. On or ahout April 3, 2003, Amin Khan, Vice President orTWU 100 told plaintiff
that she was splitting up the depot iUld causing problem by not accepting the new dulies which were being assigned to her. 40. On or abont April 3, 2003, plaintiff filed a grievance against defcndant Stcye Lopiano with Amin Khan tor harassment, humiliation, retaliation and hostile environment. 41. On or about April 3, 2003, Ami]) Khan, the vice president of Transit Onion stated to plaintiff that he was able to prevent the MTA from discharging plaintiff as a resilit of her refusal to wear the MTA hat over her Khimar. 42. On or about June 17, 2003, Superintended Oieciilrello advised plaintiff that she was taking away jobs from other employees at the depot by shifting buses "vithin depot. Oefendant Dieciarello wanted pluinlilT to pcrfoml janitorial duties snch as cleaning buses and depol.
8

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Case 1:04-cv-02331-SLT-MDG Document 1

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Filed 06/07/2004 Page 9 of 25

43. In or about July, 2003, plaintiff asked Belly I'ellitier, the division person for TWU, Transit Union, as to why the mon employee at the depot wel'e authorized to choose their duties, while plaintiff and the other Muslim women WCI'C not allowed top choose. Mr. Pellitier replied by saying that these men were taken out of the passengers Bus Operation (because of accidents) while plaintiff and the other Muslim women took themselves out of the passenger bus operation because they refused to compromise Iheir religious beliefs.
44. On or about August, 13, 2003, Dispatcher Benny Pepperino put plaintiff on hold for 15 minutes while she was calling for infonnation and hung up on her, When plaintiff insisted to speak to him he got on the phone and started yelling at her.
45. On or abont October 10, 2003, plainliff and the other Muslim women disciplined were ordered to sign in and out and had to report their lnnch lime or their brief leave to the ladies room while other employees al the depot did not have to comply with this procedure.
46. On or about October 24, 2003, i)ispatcher Ilenny Pepperino told plainliffthat she should work at Wendy'S since thcy would not mind having h~r 'Nearing lhat "rag on her head."
47. Defendants are continuing to discipline plainlilT which has prevented plaintiff from acquiring valuable overtime which was available to her when she was driving the passenger bus.
48. The MTA's dress code for BllS Operators states the MTA issued hals me "optional" Jnd Ilus Operator are not required to wear them while driving the passenger buses. (A copy of the memorandnm is attached hcrcto as Exhibit (D)),

9

• Case 1:04-cv-02331-SLT-MDG Document 1

• Filed 06/07/2004 Page 10 of 25

•

48. The MTA's dress code for IIus Operators states the MTA issued hats are

"optional" and Bus Operator are not required to v,'ear them while driving the passenger buses. (A copy of the memorandum is attached hereto a~ Exhibit (D».

49. Defendants failed to provide plaintiff with any written rule or regulation which

prohibits her from wearing a Khimar while driving the passenger bus,

50. To date, defendants have not been able to articulate legitimate reasons for

discriminating againsl plaintiff based 011 her reli giOll and gender. Instead they are

continuing to discipline her and retaliate against her for complaining about her

being discriminated against.

51. Upon infOimation and belief all Muslim women were singled because of their

religion and gender. Muslim men were allowed to operate the Bus withollt

wearing the MTA hat over their "Kufi", a religious hat Muslim men wear.

52. The three Muslim women including plaintiff have been singled Ollt to the same discrimination and treatment.

53. The MTA treated the Muslim women with dispal"ity by subjecting them to inferior treatment and exposing them to harsher conscquenee~ than the other Bus Operators because of their religion and gender.

54. The defendants' decision to require the three Muslim women to wear the MTA

hat against their religious beliefs while allowing male bus operators to drive bus

without wearing the hat has resulted in discrimination based Oil the plaintiffs gender and religion.

55. The two other women filed their discrimina!my complaint against the MTA in the Eastern District of New York.

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Case 1:04-cv-02331-SLT-MDG Document 1 Filed 06/07/2004 Page 11 of 25
56, At alltimcs material to this uelion, the MTA was plaintiffs "employer" within the meaning of scction 701(1) of Title VII (42 U.S ,C. § 2000e(i), flection 292(1) of the New York State Executive Law, and Section 8-102(1) of the New York City Administrative Code.
FIRST CLAIM FOR RELIEF (Employment Discrimination) 57, Plaintiff repeats and realkges each and every allegation contained in paragraph 1 through paragraph 56 above with the same forcc and effect as if fully set forth
herein, 58. Defcndants have discriminated against plaintiff in temlS of conditions of her
employment on the basis of her religion in violation of Section 703(a)(2) of Tille VI! (42U.S.C. § 2000e-2(a)(2»). Section 296 of the State HRL, and Section 8-\07 of the Cily HRL.
59. As a result ofthc defendants' wrongful actions complained of herein, plaintiffhas
suffered, humiliation, cmbarrassment and money damages
SECOND CLAIM FOR RELlIU,' (Unlawful Discrimination and Demotion)
60. Plaintiff repeats and real leges each and every allegation contained in paragraph 1
through paragraph 59 above with the same force and effect as if fully sct fOith
herein,
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• Filed 06/07/2004 Page 12 of•25

61. Defendants have unlawfully and intentionally demoted plaitltifT hased on her

religion and religious appearance in violation of 42 U,S.c. §§ 2000.1(a)(1),

Section 296 (I) oflhe State HRL, and Section 8·107 of the City HRL.

62. Defendants' discriminatory acts were motivated by religious animus and were

pcrfomled with the intent to discriminate against plaintiffhased on her religion,

63. Plaintiff has suffered distress, humiliation, embarrassment, and money damages

as a result of defendants' illegal dismissal.

THIRD CLAIM FOR RF:LIEF (Failure to Accommodate Religions beliefs and llractices) 64. Plaintiff repeats and relilleges each and every allegation contained in paragraph 1 through paragraph 63 above with the smne force and effect as if fully sct fUlfh herein, 65. Defendant failed to offer religious accommodation to plaintiff in violation of Section 7010) of Title VII (42 U.S.C, § 2000eG)), Section 296 of the State IIRL, and Seclion 8-107 of the City HRL. 66. As a result of the defendants' wrongful actions complained of herein, plaintiffhas suffered, humiliation, CmbillTaSSment, money damages.

FOURTH CLAIM FOR RF:LIEF (Disparate Tl'eQtment)
67. PlainiifI repealS and realleges each and el'ery allegation contained in paragraph 1 through paragraph 66 above with the samc force and effect us if fully sct fOl'lh herein.

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• Case 1:04-cv-02331-SLT-MDG Document 1

• Filed 06/07/2004 Page 13 of 25

68. Defendants have unlawfully treated plaintiff and other MTA Muslim women

employees less favorably because of their religion and g.;ndcr pursuant to Tille VII oflhe Civil Rights Act of 1964, as amended, 42 U.S.c. §§ 2000 eI seq.; The New York Executive Law and the City Human Rights Law § 8-107(17), 69. Defendants' disparate treatmel1t of pluintiff and vlher MTA Muslim women employees resulted in preventing plaintiff working as a passcnger bus, improving and advancing.

70. Plaintiff has suffered distress, humiliation, and money damages as a result of defendants' discriminatory practic~.

FIFTH CLAIM FOR RELIEF (Disparate Impact)
71, Plainliifrepeats and reaUcges each and every alleg~tion contained in paragraph I
through paragraph 70 above with the same force and effect as if fully set forth herein.

72, The defendants' wrongful employment praetice has resulted in discrimination against plaintiIT based on her religiOI) und gender.
73. J>laintiffwa~ discriminated against because she is a women and a Mll~lim in violation ofDispllrate Impact under § 703(k) of Title VII of the Civil Rights Aet of1991, as amended, 42 U,S.c. § 2000e-2(k) and the City IIRL § 8 107(17).
74. As a result of the defendants' wrongfnl actioM complained ofhercin, pJaintiffha~ suffered, hUmiliation, cmbarrassment and money damages

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- Filed 06/07/2004 Page 14 of 25

SIXTH CLAIM FOR RELIEF (Gender Discrimination)
75, Plaintiff repeats and rea!1egcs each and every allegation contained in paragraph I through paragraph 74 above with the same force and effect as if fully sel [mih herein,
76. Defendants acts were motivated gender animus and were exhibited with the intent to discriminate based on gender in violation ofTitlc VlI, 42 (J,S,c. § 2000-2, The New York Executive Law § 296 el seq. and the City HRL § 8-107.
77. Defendants disciplined plaintiff and prevented her from driving the passenger bus, while allowing male bus operators to driver passenger bus without having (0 wear the MTA hat over their "Kuli"
78. Plaintiff has suffered distress, humiliation, embarra~smelll, and money damages as a result of defendants' discrimination.

SEVENTH CLAIM FOl{ RELIEF (Retaliation)
79. Plaintiff repeats and rcalleges each and every allegation contained in paragraph I through paragraph 78 above with the same force and effects as if fully set forth herein.
80. Dcfendilllts have retaliated against plaintiff for having complained of religioll.~ discrimination in the tenns and conditions of employment in violation of Section 704 of Title VII (42 U.S.c. § 2000e-3), Section 296 (7) of the Slate HRI., illld Section 8-107(7) of the City HRL.

14

• • Case 1:04-cv-02331-SLT-MDG Document 1 Filed 06/07/2004 Page 15 of 25
81. As a result of the defendants' wrongful actions complained of herein, plaint; rr has suffered, humiliation, embarrassment, money damages.
EIGHTH CLAIM FOR RELIF.l<'
(Conspiracy to Discriminate) 82. rlaintiffrepcats and realleges each and every allegation contained in paragraph I
through paragraph 81 above with the same force and eiTects as if fully set /c\11h herein. 83. Defendants, individually and collectively conspired to discriminate by aiding, abetling, inciting, compelling and coercing plaintiff, collectively and individually, to stop driving passenger MTA bus bas~d Oil religion and gender and relegated her demoted her to depot duties in violation of the New State Executive § 296(6). Defendants conspired to retaliated against plaintiff for speaking out against her discrimination, 84. As a result of the defendants' wrongful actions complained of herein, plaintiff has suffered, humiliation, embarrassment lind money damages
NINETH CLAIM I"OR REUEF (Violation of First Amendment Right) 85, I'Jaintiffrepeats and (ealleges each and every allegation contained in paragraph 1 through paragraph 84 above with the same force and effect as if fully sct forth herein. 86. Defendants' individually and colJectively acted with wanton and reckless disregard for plaintiffs civil rights, religious appearaneo and belief, under tile
15

• Case 1:04-cv-02331-SLT-MDG Document 1

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Filed 06/07/2004 Page 16 of 25

87, As 11 result of the defendants' wrongful actions complained of herein, plaintiff has suffered, humiliation, embarrassment and mon~y damages.

TENTH CLAIM FOR RELIEF

(Violation Freedom of Speech Violation)

88, Plaintiff repeats and realleges each and every allegation contained in paragraph 1 tllrough 87 above with the same force and effect us iffully .~et forth herein.

89. In retaliation against plaintiff for having spoken out on matters of public concel'll,

defendant has abridged plaintiffs rights rreedom of speech under First

Amendmentlo the United States Constitution, and Article I, Section 8 of the New

York State Constitution. 90, Plaintiff has suITered digtre~~, humiliation, embarrassment, and money damages

as 11 result of defendants' abridgement of tree speech rights.

ELEVENTH CLAIM FOR RELIEF (Denial ofEquall'rQlection Clanse) 91. Plaintiff repeats and realleges each and every allegation contained in paragraph I through paragraph 90 above with the same forc~ and effect as if fully set forth herein. 92. Defendants have denied plaintiff equal protection of the laws because of her gender and religion, in violation of the Fourteenth Amendment to the United States constitution and Article I, Section 11 of the New York State Constitution.

16

Case 1:04-cv-02331-SLT-MDG Document 1

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Filed 06/07/2004 Page 17 of 25

93. Defendants' actions me willful and deliberate and arc done under the color oflaw, These acts constitute a pattern, custom and practice in violation of plaintiff constitutional rights under 42 U.S.C. § 1983.
94. Plaintiff has suffered distress, humiliation, embarrassment, and money damages as a result of defendants' denial of his rights to equal protection of the Jaws,

PI{AYER FOR RtJ:LIRF 95. WHEREFORE, plaintiff respectfully requests tIm! this Court enter: a) A Declaratory Judgment declaring that the acts complained of herein violate the
rights of plaintiffs guaranteed umkr Title VII of the Civil Rights Act of 1964, 42 U.S.c. § 2000(e) Q,seq., New York State Exe~utjve Law, New York City Administrative Code, first Amendment to tho Constitution of the United States, the Fourteenth Amendment to the Constitution of the United States, New York State Constitution Section 8 Hnd 11. b) A judgment granting equitHble relief directing defendHnts to cease and desist fTem exposing plaintiff to discrimination and retaliation and reinstating her to full status as Bus Opemlor. b) A judgment directing defendants to reimburse and make plaintiff whole for any and all earnings she would have received but for defendants' discriminatory treatment and unlawful dismissal, but not limited to, back pay and pension benefits; cJ A judgment awarding plaintiff eompcn~atory damages for mental anguish, loss of dignity, humiliation, and injury 10 livelihood il) an amount that is fair, just, and

17

• Case 1:04-cv-02331-SLT-MDG Document 1

• Filed 06/07/2004 Page 18 of 25

reasonable, to be determined at trial, induding reasonable attorney's fees, as

provided in 42 U,S.c. § 1988 amI 42 V.S,c' § 2000e-5(k);

d) A judgment awarding plaintiff doubk damages for plaintirrs intentional discrimination;

e) A judgment awarding plaintiffpllnitive damages; and

f) A judgment Granting plaintiff such other and further relief as the Court deems appropriate.

.JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury of all issues in this action that are so triable pursuant to 42 U,S,c' § 1981 and Title VII, civil Rights Act of 1991 ,

Dated New York, NY June 4, 2004

_ .. --/"/'--- - -
Omar T. Mohammedi Law Finn ofOmar T. Mohammedi 200 Madison Avenuc, Suite 190 I New York, NY 10016 (212) 725-3846 Bar Code: OTM7234

18

_.-_ ... .......... , ..~.. ~
Case 1:04-cv-02331-SLT-MDG Document 1

- .. ""'- .,~, ~~"
Filed 06/07/2004 Page 19 of 25

-----

New York Slate Division of Human Right.

" '.

HOMF. TELEPIIONE ('no'Ud. Ara. Ood"l

CIT'!", STATE AND ZIP COPE

DATE OF ~IRTH

eiTY. STAT~ANCl2IP CODE

COlJNT'!"

RTft~r:T ACtDRESS

(I ,"

COUNTY

CAUSf. ,

[J D CD RAeE

[XJ COLClH

SEX

RELIGION

D RETALIATION

o NATIONAL

o 0 DISABILITY

OfMIN

*"•• TII~ PA.ilT'i":l.Il ARS ARE (If .ddlfloo.1 p'I,.r Is Modod .•II"Q~ o>ctm 1('1\'

I=.J AGE
DTf'"R (S~""IM

Febnmry 5, 2()03 to Present CON1'INUING ACTION

(Soe Attached)

Is true and

,thalli I.

. ra:h t."r.y~Iv.',d:;'F8n or~lp!Qyed by Respondent since

21,' 1089. Since tile afcrementiolJillildatEl, I havehel~ file

Illk of flut· ()peCJ<a'slloer.1:M04y-cpve-r0fo2r3m3a1n-cSeLTev-MaluDllG!!lllhsDhoacvuemaelwnta1ys beFeinlewdi0th6o/0u7t i/2n0c04id_Page 20 of 25

,

On !'ebrllilry 6., 2003 J returned 10 work after having been on disability leave, \ attended a required comsa by RE:nrJOndel1l C(,Pc,(119"A Re-certification course. The 19-A Re-certiflcalion course Is required to bc taken by nil IndiViduals upon letum from long leaves of absences and every 2 years for all Bus Operators.

l,w(;.s approached by Superintendent Curan about my Khimar. The Khlmer is the traditional head garment WfJrn 1\)' rAt's·lilY' l'J"men. Curan Slated that I would hflve to remove my Khlmar or where the hal il'isLied by
ReBpondent. Dispatcher Ryan enlered the classroom and asked me to leave since I refused to remove my Kllirnflr, I fe,tJorted to the lunr.hroom and Superintendent Joyce Gomm0nded me on the fact that hI) never \lad allY pi\.blerns wilh mo. Joyce instructed me to roport 10 my depot.

.L'lter on fellruary 6, 2003, I mel with General Superintendent Hichard Dicciareilo and Union Chair per~,on A.illl~fI C<1rter. Dicclarello and Carter slated that I would not have to wear the issued 1181 while in class,
hOW~VH I would be required to wear it while driving the bus. Dicciarello gave me a hat to wear over my Khllfll.ll, then told me if it tlidn'tfit he'd have !'rIe fitted Tor one Illat did. I asked iflilere wa;; any d()cumentation
'flvailab]", nboulille hat.
February 7,20031 went 10 gflt my RI~-cerlifir.ati(Jn from tho Zerega depot. I passed all of the requir0d tests (O[ re-certilicfltion. I reportfld to work on Febnlflry 11, 2003 , Dispatcher Richard Herman bOArded the bus I was oper0ling. Herman stated that h", was sent oul to see if I W(lS we(lrillg the hat and I was not. I was written up Supposedly I WtlS written up for not wearing the h<lt.

,1f!r:iIWii!'y 12.. 2003 I reported to work and Dispa/cMr HOfSeford asked me to take a seat until Diccifll-ello ':mrived. A meeting was held with Dicciarello, C~lIter and Vice CllairpBrSOil of the Flatbush depot Carlos, ttl0Y
informed me that I would be removed from driving tile blls for not wearing tho issued hat.

fJ111t)P. Fehruary 12, 20031 have not been allowed to drive a bus where I am picking lip passengers.

. ) helil'v{cl I hav", been discrlmineted against based on my sex, female and religion (Muslim) in that I have experienC'.ed disp~rate treatment as a Muslim female by Respondent. Der,pile Respondents contention Ihat the Issoed Ilat is optional, Muslim females are the only indtvlduals made to weBr the optional hat. Ba;;ed on my own informatiorJ and belief them are male Bus Operalof$ Ihat ,do not wllme the issued hals.

..

~.~ .... ,",,,,~WI.O'(MN(T Qp,cOi\TUNITY COMMISSION •
Case 1:04-cv-02331-SLT-MDG Document 1 Filed 06/07/2004

• ••
Page 21 of 25

DISMISSAL AND NOTICE OF RIGHTS

To: StophMle D. Lewis 947 Montgomery streot. Apt #5· Brooklyn, NY 11213

F"",,',

Boston Area Office
John F. KonnedY FBd Bldg Govarnmnnl Ctr, Room 475 Boston. MA 02203

o '"

160·2004-00673

Rance A a'Qulllll, Enforcement $upelVisor

(617) 565,3192

THE EEOC IS CLOSING ITS FlU,: ON THIS CHARGE FOI~ THE FOLLOWING REASON:

o

ThD focls ellog<>J in tho chorga 1..-1 <0 .1010 a cl.lm uncl", ""yo! l~e .',luto. eJ,fotced by'h. EEOC

o o
GJ
o
o o o o o

Y"JI alleg<tl"", djd ""n"vol>l•• disobility., donoed DY 1110 AmericEns Will, Di,abihlios Ac'

You, ellarga was nOI ['moly filod wllh EEOC; I" olMr word., Y"<' wolled 100 IOOg ofl" Iho dato(.) or Ihe .lle~od d"C"OliooIIOh 10 file}<>l"
chargo.
'0 '0 Ha'''"9 baO/l g/v"" 3(l d"Y' I"~ whloh 10 respond, ,",U (<iled 10 I"o,'do loforrn"',on, l~led to 'Pro..- Or 1:>. avoll""le fOf
io'ervi""",cooferenc..,or oll1"""'l.e 1,;i.(1 to cooparote 1110 ""len' '".. It Wa, 0>01 p""';blo ,"'olve ",ur ch,..go
While r...,.""ol. efforts WOre made I<> rocOIe )<lu, WO Were "01 obi" to do so

Th. EEOC Issues ,h. fQllowi"~ dolm"lnolloo', S",ej upon Its In"""lg.lIo,,, IhO EEOC;; "nELl. to oon'cI"de II>alli10 l"folm.l.o" ab:oln.,d

""ed esl.bhsh., vlolalloo" of Iho .Io'ulo'_ This do.' "01 c",'ify 11,.llho ,o,?"odenl is I" cmnpli,noe wilh 11,. sialule•. No rmdlog is mad. as

to onyolhor Issu.3 Ulal mi~hl bo ooo,twed 0, halin9 been

py '01. ch"'go_

Th_ EEOC hM odopto<.llhe fiodmg. of the sloto or locH lor, ",,,pl,,,,,,,onl pr",,'ioeil "9ilf1cy Illallo"",tlg.led Ill,s clWllO.

0,"", (bfiefly 81810)

• NOTICE OF'SUIT RIGHTS·
(SO" Iho M(1Ji1Om1 1n1",""llon all.ohoJ 10 11,1. (rum)

TnoittlieceVIoI,f Amer!c~ns tdhiesmissal and owf yitohurDriisgahtbtiolitsieuse Athcat,t awnedw/oillrsthened~~::':V-ii':~;:~;~:;~:~~11~
federal law based on Ihis charge ln federal or state court. of this Notice: or your right lQ slie b~sed on this chnrge will be lost, bediferent)

Iii will be the only
,, ,(I 1 ) llnder

Equal Pay Act (EPA): EPA suits must be filed in foderal or slale court within 2 yoars (3 years for WillfUl v'lolations) of the
alleged EPA lInderpa\1nenl, This means that baekpay dllc for any violations that occlirred more tll~:G'QJl!:~jillars)
before you file suit may 110t be collectible,

MAR,,, 2004

~ncIO'lrre(sl

(Dal. Mallr.<!)

cc: Richard School mati, Spadal Counsel
MTA NYC TRANSIT AUTHORITY
4901 Frhnore Avenue Brooklyn, NY 11213

Om.r Moh.mmo<li, Esquire 200 Madison Avonue. Suito 1901 Now York, New York 10016:3903

...
Case 1:04-cv-02331-SLT-MDG Document 1

.
Filed 06/07/2004 Page 22 of 25

EXHIBIT

c

• Case 1:04-cv-02331-SLT-MDG Document 1

• Filed 06/07/2004 Page 23 of 25

LAW FIkM OF OIVIAR T. MOHAMMEDI
20U M,\DISON AVI1NUE. SUI-'E 1901 NEW Y()~K, Ny lO,Ol6.J90J [-"ONE (212) 7~5.3&-16 PAC,""",E (12) 72j_~I~O

MARC AU""
O'.'''AUX 0,"\<,0<

,w "MALL OM(>"M_""_Ol@O~~'

CO"

"'""'"'' O'WW OTMI.AW '-OM

March 12,2004

Rance A. O'Quinn
Enforcement Supervisor
U.S. Equal Employment Opportunity Commission John r. Kennedy Fed Bldg Govcmmonl CelltCt, Room 475 Boston, MA 02203 Phone: (6J7) 565-3192

Re: EEOC Charge Nc;>o 160 2004.~QQQJ .stephanie D. Lewis v. MTi} NYC Transit Authoritx
Dear MI". O'Quinn:
We are in receipt of your letter of Dismissal and Notice of Rights in the above captioned matter. Hereunder is the explanation as to why the basis for dismissal was nOI accurate. Ms. Lewis filed within the required 300 days. hlrlhermorc, Ule ba~is under which the charge was filed w~s not under the American with Disabilities Act and Eqnal Pay Act. Ms. Lewis filed her charge under Gonder and Religious Discrimination. In addition, we arc respectfully requesting that you issue a Right to Slle I.etter in this action.
In your notice datcd Murch 4, 2003 you stated thm Ms. Lewis filed the charge under Title VII of Americans with Disabilities Act and the Eqll~l Pay Act. Ms. Lewis filed her charge based on sex and religious discrimination jJUi'SUatlt to Title VB of the Civil Rights Act of 1964. Attached please find a copy of Ms. Lewis ~tatement and a lotter from Ms. Dechantier, of the EEOC, confirming the dare and basis for the Charge.
Ms. Lewis filed her charge based on hcr removal froln Jriving the bus based on her religious beliefs and gender, In her statement, Ms. Lewis said that when she reported to work on february 12, 2003, she was removed from driving tho bus [or not wearing the

Case 1:04-cv-02331-SLT-MDG Document 1

...
Filed 06/07/2004 Page 24 of 25

hat. Ms. Lewi.~ filed her charg~ 011 December 4"" which is well within the required 300 day statute of limitation. Attached are Ms, Lewis's statement and the charge form.

After Ms. Lewis tiled hel' charge I was relnined (0 represent her in (be ahovostated matter. In the meantime, the NY Office referred Ms_ Lewis' cage to medintion
without her knowledge or consent.

I sent my appearance to Florence Dcchanticr, rrom the NY District Office On January 8, 2004. On JUlluary 21, 2004, I had ~\ conversation with M.~. Dcchanticr. I also received a phone call from the Mediation Department stating that the case saw being
transferred to the investigation office since the defendant refused to mediate the casco I
was asked to wait until someone contacts my office, The case was transferred to your office without informing my ofJice.
I am respectfully roquesting that you make the nece.lsary am~ndmenl 011 the basis of discrimination as well as the time limilatiOI\. 'Ihis case should not have been dismissed on the slatute of limitation basis.ll was filed within the 300 required days,
Finally, I would respeetrully request that you issue the right to Sue letter to M.~. Lewis on the abov~eharge based 011 Sex and Religiolls Discrimination. Ibe '>0 days time limitation to file the elaim before the Federal COl)rt should certainly start from the limc
YOli issne the right to sue letter.

Your attention to this serions mattcr is tl'llly appreciated. Re~pectfully Submitted,
I\~~~'~
Vr'" OmKMohammedj

Enclosed:

Ms. Lewis Statement Charge form Dismissal Notice Lettcr of Appearance
EEOC confirming the basis for filing thc charge

Case 1:04-cv-02331-SLT-MDG Document 1 Filed 06/07/2004 Page 25 of 25

To:
From:

September 13, 2002
- REMQYE FROM- -PO-S-T-IN-G-O-N-l-H-AV- ,J -2(-10-3
Ilpervisor$, Bus Operators IUld AI! Concemcd

lihor!il!~XlUUo required

During Tht; Jl<'riod to Wear their New

of October 15, 2002, througb April 30, 2003, York City Transit (NYCT) W1ntc, unifolms.

lblu.s9~"'pYeerra,to\llrlsifo'lI!Te[!

be W\lID after Septemb;:r 30, 2,QQ;f, Blls operators are!1!!.l considered re(/{{y

for duty wlle,fS 'hey are/uf{y attirf(! in lite ('omplete and proper ulliform_ The wintcr unifonn is as follows:

.. Light blue uniform shirt (properly worn, tltcked inside the uniform trousers/culottes).
.. ,The NYCl' maroon fie or bow-tie is lUandaton: alld must be properly won\ with a long or short sleeve uniform shirt.
• The cllmmando sweater 0'- cardigan Sweater V~$t may be worn with or witl'out the
bi-swingjacket.
~ Navy-blue uniform trouser~. Operators will he penniUed to Wear the grey unifonn
trOUSeTS ana culottes until further notice (N'avy blue trousers from previOlL' unifoml distributions are acceptable)

• lJepfit logo eaps arc optional. Depot logo caps may only i:.c wom 'With the bill o(the
cap faCing fonvard ..

g

bDN1yLY~mCoaTpneairgsasetuomeresdnmst aa(ffyeotnryomtcudwnieicf~~orlr mortehs~e'llSroofneoss)o/.btwoeoalsr

witll SHP-I'Csistallt soles. while in service, unless granted

permissiOI1

.. Coats or sweatshirts al'e not to'be worn whilc operating in ellsloIne!" $crv,jec.

in time~ (I Bus opeOltors arc required to have their sigllcd cmploYfe identification (IO) passes

'prothpeeinryp.ossession' audptoperly displayed at all

willie all dnty Or on NYCT

 
 Case 1:04-cv-02294-SLT-MDG Document 1

Filed 06/03/2004 Page 1 of 29
ORI~tt.~

UNITED STATES DISTRICT COLRT EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------------x
GLADYS MUHAMMAD alGI GLADYS WILSON

IN CLEIlK'S OFFice

,* 1,01. COMPLAINT

u.s. DISTiller COURT. f-,ON,Y_
JUN 03 2004 ~•

JURY TRIAL DEMANDED

c<!f

BflOOKLYN OFFJCE

Plaintiff,

2294

NEW YORK CITY TRANSIT AUTHORITY, Defendant,
------------------------------------------------------------------x
Plainliffby her attorneys SCOTT, MASON-KINSEY & HART, LLP complaining of the Defendants, rcspcctlu.lly shows and alleges as follows:
I. COMPLAIXf I, This case involves discrimination in employmcnt based upon religion and gender. This action is brought by Gladys Muhammad, Plaintiff charges that the Defendant is discriminating against her regarding the terms and conditions of her employment in violation of the First Amendment to the Constitution of the United States, the Fourteenth Amendment to the Constitution of the United State&, Title vir of Ule Civil Rights Act of 1964, 42 V,S.c. §2000(e) ef seq. Plaintiff also asscrts pendent State claim, for religious discrimination purSuBnt to Ncw York State Constitution Article I § 3 and New York State Executive Law Article 15 § 296 (l)(a).
II. JL'RISDlCTlO;'! 2. This Court is vested with j\lri~didion pursuant to 28 U.S,c. §§1331, 1343(3) and 1343(4), and 42 U.S.c. § 2000c-5(t)(3), Jurisdiction over Plaintiffs claims arisillg under State Law is bascd upon doctrine of ~"rplemcntal juri,dietion and on 42 U.S.c. § 1988(a),

• Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 2 of 29
III. PARTIES 3. Plaintiff Gladys Muhamlmul is an African-American female, a United State,<, citizen and a practicing Muslima who is currently employed by defendant New York City Transit AutilOrity a~ a bus operator. 4. Defendant New York City Transit Authority (hereinafter "MTA") IS a public benefit corporation created and exi~ting under the la\\'8 of New York State.
IV. ALLEGATIONS OF PAC'I 5. As required by her Mu~lim religion, plaintiff Muhammad, wears a head covering called a "Khimar", 6. Ms. Muhammad has been a practicing Muslim for the past eleven years. 7, The derendant MTA has harassed alld discriminated against plaintiff Muhammad relentlessly during her tenure as an MTA employee by instituting an arbitrary, illegal and incoherent uniform policy. K Ms. Muhammad commcnccd employment with the MTA in NOvember 2001 as a bus operator as,igncd to the East New York Pepot and completed her probationary period in November of 2002. 9. The MTA's dl"ess code for Bus Operators states that MTA issued hats are "optional" and not requircd to be WOI11 while bus operators an;) driving in pa~>cngcr service. (Attached and Annexed hCl"eto 3S Exhibit A) 10. Plaintiff has worn said Khim~r sincc the beginning of her employment with thc MTA 11. Ms. Muhammad asselis that wcaring her Khimar i~ an obligatory religious practice.
2

• Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 3 of 29
12. Ms. Muhammad continued to wear her Khimar during her training tenure and began operating MTA buses \vhile wearing same.
13. Upon infurmation and boilet; on or about November 200 I, while at the M'IA Training Center located at 7S0 7.erega Avenue, Bronx, New York, M~. Muhammad was told, by an MTA training officer In a classroom with other newly hired employees, tlla! rcligiou~ headwcar was pcrmi,sible while operating a bus for the MTA
14. From November 2001 until approximately July 2002, Ms. Muhammad operated a bus out oflhe East New York Depot without incident or l'cpercu&sion relating to her rcligiou~ he.1dweur.
15. Upon information and belle!; in July 2002, Ms. Muhammad was prevented from driving a bus by a dispatcher for the East New York Depot IInlc~s she wore a MTA issued baseball cap over her khimal'.
16. M&. Muhammad retrieved a hat given to her on a previous occasion Hnd was allowed to drive a bus.
17. Ms. Muhammad never placed the above mentioned halon her head while operating a bus in passenger service.
18. Upon inlomlation and belief, the next day, Ms. Muhammad \~as approached by the General Manager of the East Nev., York Depol ,md told that she either had to remove her khimar or wear an MTA issued baseball hal over the khimar.
19. Ms. Muhammad refused to wear a hal over her khimar and infbnned the General Manager that she wore the head covering fbr religious purpo~c8_
20. The General Manager of the rust New York Depot told Ms_ Muhammad that he would gel back to her ~nd ~l1owcd her to opel ate a bus that day.
3

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 4 of 29
21. In late July 01' early AUI,'llst 2002, Ms. Muhammad had a meeting with the General Manager of the East New Yol'k Depot as well as another as yet unknown high ranking MTA manager and Union Repre8entative Lloyd Archer. Upon information and beliot; none of the MTA managers pre8enl at the meeting were aware of any policy \'ihich
prohibited Ms. Muhammad from wearing a khimar while operating a. bus for the MTA
22. As a result of this meeting, Ms. Muhammild was told that a specially fitted MTA baseball hat would be made for her. As ofthc datc of this writing, Ms. Muhammad has nevcr bern contacted regarding the abovc-referenced fitted hal.
23. Ms. Muhammad continueu to operate a bus in passenger service until January of 2003, whcreupon Ms. Muhammad wa, transferred to the 126~\ Street Depot located at 2460 Second Avenue, New York, Ncw York 10035.
24. Upon information and belief; Ms. Muhammad continued to operate a MTA bus in passenger service while \,earing her khimar without incident or repercussion from MTA supervisors or manageI'I> ulltil November 01'2003.
25. In November of 2003, Ms. Muhammad was again held off her normal bus route by a dispatcher from the 126tl'Stroct Depot.
26. Upon information and belief, Ms. Muhammad was taken off her bus route at the behcst of General Superintendent Cordell Rogers.
27. in November of 2003, Ms. Muhammad nlet with General Superintendcnt Cordcll Roger~ where she wa& told again that she either had to remove hel" khimar or wear an MTA issued baseball hat while opcrating a bus in pas8cnger servicc.
28. Ms. Muhammad refused to remove hcr khimar or to wear a baseball hal over hcr khimar citing her Muslim beliefs and asserted that the MTA uniform clearly
4

.
Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 5 of 29

',.

stated that hats were optional and did not have to be worn. Ms. Muhammad questioned why she was being singled out by the MTA
29. General Superintendent Cordell Roger, asked Ms. Muhammad to provide a letter stating that she was in fact a Muslim in good standing.
30. Ms. Muhammad provided a letter to Cordell Rogers dated November 9, 2003 from Minister Kevin Muhammad (no relation) of Mosque No.7 located at 106-08 West 127'h Street, New York, New York 10027 (Letter Annexed and Attached Hereto as Exhibit B).
31. Ms. Muhammad was held out of service for the month of November 2003. In the early part of November, Ms. Muhammad was made to elean the windows on the busc~ at the 126'hStreet Depot.
32. For two weeks in November 2003, Ms. Muhammad reported to work and was given no work assignments.
33, As of the date of this writing, Ms. Muhammad has not been paid by the MTA for the above mentioned t\VO week period in November of 2003.
34. Ms. Muhammad contacted the Transport Worker's Union (Union) to complain about the outrageous conditions she was being made to endure.
35. Upon information and belief, the Union placed M~. Muhammad on their payroll for a two week period in late November and early December of2003.
36. The Union paid Ms. Muhammad for the two week period in lato November and early December of 2003. (Pay Stub Annexed and Attached Hereto as Exhibit C)
37. As a result of the MTA failing to pay Ms. Muhammad for a two week

5

•

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 6 of 29

period, Ms. Muhammad was almost evicted from her apartment because she could not
pay her rent.
38. Upon information and belief, Ms. Muhammad returned to (he 126,hStrcet Depot in mid-December 2003 and ""as again relegate<.! to cleaning duties and ,,·aR not allowed to operate a bus in passenger service.
39. On December 31, 2003, Anna Peck, A~~istant Genentl Manager of the 126'[\ Street Depot gave Ms. Muhammad a memorandum stating that she would be assigned to a shifting "trick" effective January 5, 2004 with regular Saturdays and Sundays off(RDO's) from 6:00 pm to 2:00 am.
40. In essence, Ms. Muhammad was being assigned to shift work where she would transport buses wilh no passenger, on them from one location to another and related duties that do not involve contact with the public_ (Memorandum Annexed and Attached Hereto as Exhibit D).
41. Ms. Muhammad did not request thb ncw assignment from the Depot. 42. As a rcsult of Ms. Muhammad being given l'Cb'liiar Sat",rday~ and Sundays off; she became all object of scorn and ridicule from more experienced employees who were entitled (0 those days off due to their seniority over Ms. Muhammad. 43. As of the date of this writing, Ms. Muhammad has had to endure a daily barrage or taunts and threatening behavior ITom hel' male co-workers who are angry that Ms. Muhammad was given, not at her request, the most coveted RDO'&. 44. Upon information and belief, Ms. Muhammad has nol been allowed to "pick" her ROO's like other MTA employees. 45. Upon information and belief, less senior MTA employees have been

G

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 7 of 29
allowed to "pick" their lillO's in accordance with MTA policy. 46. Ms. Muhammad has had absolutely no contact with MTA customers since
late November of2003. 47. Upon infolmation and bellef, tllCSC ffi-(Il,signed duties prevent Ms.
Muhammad from acquiling valuable over time opporillflilies within t1lC MT A. 48. As of the dale of this filing, M~, Muhammad is still not a passenger
service operator, a position she pClformcd without calise for change in her 8ta!us from November 5, 2001 until November, 2003.
49. Furthermore, upon information and belief, male Muslim bus operators employed with the MTA are allowed to wear a head covering called a "Kuf)" while in passenger service without rcpcrcu>sions from the MTA.
50. Plaintiff filed grievances against the MIA with their union, as well a<; \~i!h the U.S. Equal Employment OppOltunity Commission (EEOC).
51. The EEOC issued a "Right 0 Sue" letter to Ms. I\luhammad 011 March 4, 2004, and this Complaint is filed within 90 days thereof. (Attached and Annexed hcrdo as Exhibit E)
v. CLAIM ONE- GENDER D1SCRIMINATlOJ\' IJNOER TITLE VlI
52. Plaintiffs adopt and repeal!; the allegations ofpamgmphs I t11rollgh 51 as though set forth at length herein.
53. All of the adverse actions taken against Plaintiff was motivated by gender animus and was performed with the intent to discriminate based on genJer.
54. The Defendant has continued to dlscriminatc against Plaintiff based on
7

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 8 of 29 •
gender in that the Defendant has only mkcn disciplmary action against females of the Muslim religion for refusing to \\·ear MIA j~sucd ba&eball hats over Iheir religious head
cover.
55, Ba,ed upon information and belief, male MTA employees of the Muslim religion are allowed to wear religious head coveling called a "Kufi" without having disciplinary action taken against them.
56. The Defendant'& gemle, discrimination i~ willful and deliberate and i~ done under color of hlw, and they constitute a pattern, custom and practice of gender discrimination which plevcnts Muslim women from working as bus opcrato~_
57. The Defendant's above described discriminatory condl.lc! against the Plaintiffs violates their rights under 42 USC § 2000c-2, "hich makes it an unlawful employment practice for an employer to fail or refuse to hire any individual because of her sex, or to limit, segregate, or classify his employees or applieant~ for employment in any way which would deprive or tend to deprive any indivldnal or employment opportunities or othen"ise adversely alYeet her statns as an employee, because of such individuars gender.
58. As a direct and proximate result of the Dclendant's wrongful aetiOIlS complained of herein, Plaintiff ha~ su rJ"ered a loss of substantial income and professional
opportunities with the MTA, a, well as irreparable injnry to her personal and professional
dignity and reputation lind has suffered mental anguish and extreme emotional distress. 59. As a consequence of Defendant's wanton imd reckless disregard for
Plaintifl's civil rights, Plaintiff is entitled to eompel1satory and punitive damages in the amount of S300,()()().OO.
8

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 9 of 29
VI. CLAIM TWO- RF:LTGIOUS DISCRIMINATION UNDER TITLE VII 60. Plaintiff adopt;, lind repcat~ the allegations of paragraphs 1 through 59 as
though set forth at length herein. 61. All of the adverse actioll~ taken against Plaintiff were motivated by
religious animus and were performed with the intent to di~crirninatc based on religion. 62. The Defendant has continued u) discriminate against Plaintiff based on
religion in thaI (he Defendant has only taken disciplinary action against members of the Muslim religion for refusing to wear MTA bSlled baseball hats over their religious head
cover. 63. Based upon information and belief, any person who is a practicing
Muslima and is sufficiently qClulified, is not permitted to pursue their chosen profession as a Bu~ Operator without impediment or harassment.
64. The Defendant's religious discrimination is willfill and delibcrate (md is
done under color of law, and they constitute a pattern, custom and practice of religious discrimination.
65. The Defendant's above describcd discriminatory conduct against thc Plaintiff violates hcr righli; under 42 USC § 2000e-2, which makes it an unlawful employment practice for an employer to fail or refuse to hire any individual because of her religion, or to limit, segregate, or classify his employees or applicants for cmployment in any way which would deprive or tend to deprive any individual or employment opportunities or othervdse adversely affect her status as an employee, becallse of such individual's religion.
9

•

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 10 of 29 •

66. As a direct and proximate result of the Oefendant's wrongrul actions complained of herein, Plaintiff ha~ Sllffcred a loss of substantial income and professional opportunitie>, as well as irreparable injury to plaintiff's personal and profe,sional dignity and reputation and has suffered mental anguish and extreme emotional distress.
67. As a consequence of Defendant's wanton and reckless disregard for Plaintiffs' ci"i] rights, Plaintiff is entitled to compensatory and punitive damages in the amount of$300,000,00.

VII. CLAIM THREE- GENDER DISCRIMINATION UNDER THI!: liOURTEENTH AMENDMENT TO THE UNITED STATICS COl\STITUTION
68. Plaintiff adopts and repeats the allegations of paragraphs 1 through 67 as though set forth at len),"h herein.
69. The Defendant's gender dberimination against Plaintiffviolales he)' rights under the Equal Protection Clau~e of the Fourteenth Amendment, whieh j~ enforceable under 42 U.S.c. § 1983, and which guarantees equal protection of the law to all persons ill the United Slates.
70. The Defendant's unlawful gender discrimination against the Plaintiff is willful and deliberate and i~ based upen policies and praetiee~ whieh deny females of the
Mu,lim religion equal opportunity to work as bus operator~ for the MTA. Meanwhile,
male MTA bus operators who are adherents of the Muslim religion are allowed 10 wear traditional religious headwear called a kllfi \\" ilhollt discipline 01" repercussion.
71. As a direct and proximate result of the Defendant's wrongfill action, complained of herein, PlaintilT has suffered a loss of substantial income and professional opportunities, as well us irreparable injury to Plaintiff's personal and professional dignity
10

Case 1:04-cv-02294-SLT-MDG Do• cument 1 Filed 06/03/2004 Page 11 of 29
and reputation and ha, suffered mental anguish and extreme emotional distress. 72. As a consequence of Dctendant's wanton and reckless disregard for
Plaintiffs' civil rights, Plaintiff is entitled tll compensatory and pLinilive damages in the amount ofS2,500,OO.OO.
VIII. CLAIM FOUR-RELIGIOUS DISCRIMINATION UNOER TAR FIRST
AMENDMENT TO THE LNITED STATES CONSTITUTION
73. Plaintiff adopts and rcpcat~ the allegations of paragraphs 1 through 72 as though set fQrth at length herein.
74. l1te Defendant's rc1igiOl1~ discrimination against Plaintiff violates her rights under the First Amendment, which is CnIQTCCab1c under 42 U.S.c. § 1983, and which glmmntccs freedom to practice religion without discrimination to all penJons in the United State,.
75, The Defendant' & unlaw ful religious discrimination against the Plaintiff is wiHJul and deliberate and is based upon policies and practices which deny members of the Muslim religion equal opportunity to work as Bus Operators for the MTA.
76, As a dheet and proximate resuH of the Defendant's wrongful actions complained of herein, Plaintiff has suffered a loss of substantial income and profes~ional opportunities, as well as irreparable injury to Plaintiffs' personal and professional dignity and reputation and has suffered mental anguish and extreme emotional distress.
77. As a consequence of Defendant's ,,,anton and reckless disregard lor Plaintitrs civil rights, Plaintiffs is entitled to compensatory and punitive damages in the amount of $2,500,00,00,
11

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 12 of 29

•

IX. CLAIM FIVE- DISPARATE TREATMDIT lJKDER TITLE VII 78. Plaintiff adopts and repeals the allegations of p,lragraphs I through 77 as
though sct forth at length herein. 79. Based upon the defendant's intentional unlawful discrimination based
upon the gender and religion or Plailltift~ the Plaintirr has been treated differently than other similarly ;;ituated employees of the MTA.
80. The Dejendant's I.mlawful (hscrimination against lhe Plainlin' i~ willful
and deliberate and is based upon policies and practice$ ,,·hich deny females or the
Mu~lim religion equal opportunity to work as bus operators for the MTA As a result, Plaintiffhas received disparate treatment in the workplace.
8!. The defendant intentionally gave Plaintiff a shifting detail (hat she did not request, the defendant did not allow Plaintiff to pick her regular days off based on her scniotity and wa~ given regular days olTthat should have gone to more senior employees.
82. Due to this disparate treatment, Plaintiff has bccn made to suffer a daily barrage of taunts, insuHs and threatening behavior from other MTA employees who assumed that Plaintiff has received favorable treatment.
83. As a direct and proximate result of the Defendant's wrongfill action~ complained of herein, Plaintiff has ~uffered a loss of sub~tantial income and professional opportunities, as well as irreparable injury to Plaintiffs personal and professional dignity and reputation and has S(lffered mental angubh and extreme emotional distress.
84. As a consequence of Defendant's wanton and reckless disregard for Plaintiffs civil rights, Plaintiff is entitled to compensatory and punitive damage~ in the amount of$300,000.00.

12

Case 1:04-cv-02294-SLT-MDG Do• cument 1 Filed 06/03/2004 Page 13 of 29
X. CLAIM SIX- DISPARATE IMPACT UNORR TITLE VII 85. Plaintiffadopb and repeats tllC allegations ofparagmphs I through 84 as
though sct forth allength herein. 86. Based upon the defendant's intentional unlawful di&crimination based
upon Ihe gender and religion or Plaintiff and the resulting disparate treatment, lhe
Plaintiff has been impacted differently than other similarly situated employees of the MTA.
87. The Defendant's unlawful di<;criminalioll against the Plaintiff i& willflll and deliberate and is based upon policies and practices which deny females of the Muslim religion equal opportunity to ,,·crk a~ bus operators for the MTA. As a rc~u1t, Plaintiff has suffered di~parate impact in the workplace.
88. The defendant intentionally gave Plamtiff a shifting detail that ~he did not request, the defendant did not allow Plaintiff to pick her rcgular day& off based on her seniority and wa, given regular days off that should have gone to more senior cmployees.
89, Due to defendant's unlawful discrimination bascd upon the gender and religion of the Plaintiff and the rc~ulting disparate trcatment, Plaintiff has suffcrccl disparate impact, in that Plaintiff has been made to suffcr a daily barrage of taunts, insulu, and threatcning bchavior from other MTA employecs who assumed that Plaintiff ha, rcceivcd favorable treatment.
90. As a direct and proximatc rcsult of the Defendant's wrongful actions complained of herein, Plaintiff has suffered a loss of >ubstantial income and professional opportunities, as wcll as irreparable injury to Plaintiff's pcrsonal and professional dignity and reputation and has sClffered mental anguish anll extreme emotional dist.rcss.
13

· Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 14 of 29
91. As a consequence of Defendan!', wanton and reckless di~regard for Plaintiffs civil rights, Plaintiff is entitled to compensatory and punitive damages in the amount 0[$300,000.00.
XI. CLAIM SEVEN-IJOSTILE '''ORK ENVIRONMENT U~DF.R TITLE VII
92. Plaintiff adopts and repe~ts the allegations of paragraphs 1 through 91 as though sct forth allength herein.
93. Based upon the defendant's intentional unlawrul discrimination based upon the gender and religion of Plaintiff and the resulting disparate treatment and disparate impact, the Plaintiff ha~ been ,ubjected to a hostile \'iOrk environment created
by the employees and managers orlile defendant MTi\.
94. The Defendant's unlawfill discrimination against the Plaintiff is willful and deliberate and is based upon policies and practices which deny females of the Muslim religion equal opportunity to work as bu<; operators for the MTA As a result, Plaintiff has been subjeettx! to a hostile work environment.
95. The defendant intentionally gave Plaintiff a shifting detail that she did not request, tile defendant did not allow Plaintiff to pick her regular days off based on her seniority and was given regula.r day~ off that ~hould have gone to more senior employees.
96. Due to defendant's unlawful discrimination based upon the gender and religion of the Plaintiff and the resulting disparate treatment and disparate impact, Plaintiff has labored under a hostile work environment, in that Pla.intiffh3s been made to suffer a daily barrage of taunts, insults and threatening behavior from other MTA
14

Case 1:04-cv-02294-SLT-MDG Do• cument 1 Filed 06/03/2004 Page 15 of 29
employees who assumed that Plaintiff has received favorable treatment. 97. As a direct and proximate result of tJlC Defendant's wrongful actions
complained of herein, Plaintiff has suffered a loss or ~lIbstantia[ income and professional opportunities, as well as irreparable injury to Plaintiff, personal and professional dignity and reputation and has suffered mental anguish and extreme emotional dislre&s.
98. AR a consequenc~ of Defcndant'R \~antOI\ <lnd reckless disregard for
Plaintiffs civil rights, Plaintiff is entitled 10 compen~atory and punitive damages in the amount of$300,000.00.
XII. CLAIM EIGHT-GENDER OISCRIMf'IATION U'l"OER NEW YORK STATE EXr:CUTlVE LAW SECTION 296
99. Plaintiff adopts and repeats the aHcgations of paragraphs 1 through 98 as though set forth at lenb>th herein.
100. Defendant's conduct was motivated by the intent to discriminate against Plaintiffs based on gender in violation of New York Executive l.ilw Section 296 elseq.
101. The Defendant's unlawful gender discrimination against the Plaintiff is willful and deliberate and is based upon policies and practices whieh deny females of the Muslim religion equa.l opportunity to work as bus opcmtors for the MTA. Meanwhile, male MTA bus operators who arc adherenl~ of the Mu~lim religion are allowed to \\·ear traditional religious headwear Cililed a Kufi without discipline or repereus~ion.
102. As a diT~ct and proximate result of the Derendant's wronhTful actions complained of herein, Plaintiff has 8ufTered a loss of substantial income and professional opportunities, as well as irrepara.ble injury to Plaintiff', pcr~Qnal and professiunal dignity and reputation and has suffered mental anguish and extreme emotional distress.
15

Case 1:04-cv-02294-SLT-MDG Docu•ment 1 Filed 06/03/2004 Page 16 of 29
103. As a consequence of Defendant's wanton and reckless disregard for Plaintiff's civil rights, Plaintiff& me each entitled to compCIl&atory and punitive damages in the amount of'l>2,500,00.00.
XIII. CLAIM NINE-RELIGIOUS DlSCRIMI'IATION U'IDER NEW YORK STATE CONSTITVTlON ARTICLE 1 § 3
104. Plaintiff adopts and repeats the allegations ofpumgraphs I through 103 as though set forth at length herein.
105. Defendant's conduct was motivated by the intent to discriminate again~t Plaintiff based on religion in violation orNey,' York State Constitution Article! § 3.
\06. The Defendant's unlawful religious discrimination against the Plaintiff is willful and deliberate and is based upon policies and pn\ctkes which deny adherents of the Muslim religion equal opportunity to work as Flu~ OpeJators for the MTA.
107. As a direct and proximate result of the Defendant's wrongful actions complained ofhcrcin, rlaintiffhas suffered a loss of suhstantial income and professional opportunities, as well as irreparable injury to Plaintiff~ personal and plOfessional dignily and reputation and has suffered mental anguish and extreme emotional distress.
108. As a consequence of Defendant's wanton al1d reckless disregard for Plaintiffs civil rights, Plaintifls is el1titled to compensatory and punitive damage;. in the amount of 1>2,500,00.00.
16

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 17 of 29
PRAYER IIOR RELIEF WHEREFORE, Plaintiff prays that after a hearing on the matters alleged herein, the Court will grant the following relief: A. Issue a declaratory judgment declaring tim! the wrongs complained of herein violate the rights of Plaintiff guarantccll by the First Amendment to the Constitution of the United States, the FOlJrteenth Amendment to the Constitution of the United States, Title VII of the Civil Rlghts Act of 1964, 42 V.S,c. §2000(c) et
seq., New York State Constitution Article I § 3 and Nevi York State Executive Law
Article 15 § 296 (l )(a), B, Judgment granting equitable relief directing that Defendant cease and
desist from their discriminatory activity and reinstating PlainliO'to her full status (II, a Bus Operator.
C. Award Plaintiff compensatory and punitive damag~. D. Retain jurisdiction of this action for a sufficient time to ensure full compliance with the equitable relief requested herein. E. Award Plaintiff her costs incurred in tllis case, together with reasonable attorneys' fecs and expenses and expert fccs, pur~uant to 42 U.S.c. §§ 1988 and 2000e5(k), fl, Grant PlaintifT ~uch additional and further relief as the Court may deem just and equitable under the cireumstances_ Dated: Brooklyn, New York June 3, 2004
17

Case 1:04-cv-02294-SLT-MDG

Document 1

Filed 06/03/2004 Page 18 of 29 •
Iif,-~PJ-
~NI8.SCOTT
Attorney for Plaintiff 55 Washmgton Street, Suite 655 Brooklyn, New York 11201 (718) 852"7000 Bar Code: ASS75]

66NNi,E-,:,;L;H.i~AR,~'T~'J~R;:,t;L
- A!torney for Plaintiff
55 Washington Street, Suitc655 Brooklyn, New York 11201 (718) 852-7000 Bar Code: Lll 3560

18

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Case 1:04-cv-02294-SLT-MDG D•ocument 1 Filed 06/03/2004 Page 19 of 29 •

•

EXHIBIT A

U"~,/UZ lJ:CZOaseFA1X:0741-8cv9-027228904a-~SLT-MDG 'rn•ADJ'Io.scPuOmJITeAnTttO1N SUFPiPlOeRdT06/0~3/F2L0l.0TD4USJ!PDaJg':!e'-O2t 0 of 29

1.YM!lf

NewYorkCityTransif
Department ofBusas

Temporary Bulleti~

September 13, 2002

REMO...YE...fROM POSTING ON MAY I. 2003

To:

upervisors, Bus 0pt:ra(Ors and All Concerned

From:

rtation Officer

Subject: mlll,fF.lOO"'ltQj!lK2Y1!!IE!illRJU~N"UF"OlR[M""

During the period ofOctober i5, 2002, through April 30, 2003, bus operators arc required to wear their New York City Transit (NYCT) Winter uniforms. However. unifu!:m worts are not to be worn after Sep!ember 30 2002, Bus operators art! not considered retUly for duty unless they arefully attired in the complete (lnd proper uniform. The winter unifonn is as follows:

• Light blue IIni(9nn shirt (properly worn, tllcked inside the \l!Jifonn trousers/culottes).
• The NYC;T maroon tie or bQw-de is mandatQry and must be PfQperly worn with a long or short sleeve uniform ~hirt.
• The cOMmando sweater or cardigan sweater vest may be worn with or without the bi-swing jacket.
• Nary-blue uniform trousers. Operators will be permitted to wearthe grcyuniform trousers and culottes un!)1 furth.er notice (Navy blue trousers from previous uniform distributions are acceptable).
• Depullugu atp$ are uptiooal. Depot logo caps may only be worn with the bill oflbc cap facing forward.
• NYCT issued safely uniform shoeslboots with slip·~istant soles. Bus operators may not wear other footwear while in service, unless granted pcrmisslQU by management (for medical reasolls).
• Coats or sweatshirts are not to be worn while operating in clisluDlcr service.

• Bus operaturs are reqnirffi to bave their signed employee identification (ID) passes
in their pwsessioD and p.foperly displayed al all times while on duty or on NYCT
pfQperty.

, .

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 21 of 29 •

•

EXHIBITB

Case 1:04-cv-02294-SLT-MDG D•ocu•ment 1 Filed 06/03/2004 Page 22 of 29

------

111" NATION OF ISlAM

IN THE NAME OFALLAH, THE BENEFICENT, THE MERCIFUL

November 9, 2003
Mr. Cordell Rogers
Assistant Generall\%nager MTA 126'0 Depot
New York, NY
Dear Mr. Rogers,
r am writing to you on behalf of Sister Gladys Muhammad, an active member in good
standing at MuhM1lllad Mosque No.7 regarding her ",rearing her head covering (Hijab).
The Holy Qur'an states in Chapter 24, verse 31:
"Do not display their adornment except what appl!ors thereof And let them wearthelr head coverings over their bosoms. And they should not display their adornment."
This represents the guidance cfGod to the female ofthe faith. And every believing woman takes pride in what God has revealed. I believe that a modest head covering will
not interfere with her duties imd obligations, Rather, it serves as a sign oflhe kind of dedicated and committed·worker in your employ. Wo as Muslims take pride in our work ethic.
I would hope that you would be able to acconlmodate the right ofher way of life. Please feel free to contact me for· any further clarifications.

MKM/DM

·'

,
• Case 1:04-cv-02294-SLT-MDG Document 1

Filed 06/03/2004 Page 23 of 29

EXHIBITC

•

Case 1:04-cv-02294-SLT-MDG Docu•ment 1 Filed 06/03/2004 Page 24 of 29

•

"

---,-

. ~ -~

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 25 of 29

EXHIBIT D

. ~ "

. . Case 1:04-cv-02294-SLT-MDG Do• cu••me•nt 1 Filed 06/03/2004 Page 26 of 29 "

DATE:

December 31,2003

Depot-~ -- ----- TO:
-~---

Gladys Wilson, BIO, Pass No. 973241

FROM

Anna Peck, Assistant General Manager; 126'" Street

SUBJECT: Work Assignment

Effective Monday, January 5, 2004 you will be assigned to a shifting trick with the
following hours and RDO's.

Tour of Duty ROO's

1800 - 0200 hours Sunday/Saturciay

Manager sjgnatur~,;;,-S,*
- .. -
co: employee file
TWU

______Date:

.. . '"- -

Case 1:04-cv-02294-SLT-MDG Document 1

. . Filed 06/03/2004 Page 27 of 29 ~.

EXHIBITE

. Case 1:04-cv-0229u4.s-S. ELQTU-MALDEGMPLOD"oMcEu~mheOnPtP1ORTUFNiIlTeYdC0O6M/0M3IS/2SI0O0N4 Page 28 of 29 .' •

DISMISSAL AND NOTICE OF RIGHTS

To· GladIS Muhammad Aka Wllsnn 111 N. Third Avenue. 7l< Mnunt Vernnn, NY 10550

From Bnston Area Office Jnhn F. Kennedy Fed Bldg Gnvemmont Ctr, Rnnm 475 Bnston. MA 02203

o

all behalf of",,=n(s) aggrieved wlloso ide"Ny i8

CONFIDENTIAL (29 CFR § 1601. 7(0))

EEOC Charge No.

EEOC Rep,e•• ntalrw

Te[ephoo. No

160_2004_00672

Rance A. O'Quinn,
Enforcement Supervisor

(617) 565-3192

o THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: The facts a[[egad [0 the oharge fal[ [0 stale a c[o[m uoder any of tho .\~lUte, enforcOO by the EEOC

o o o
o
o o
[Xl
o o

Your allegal[ons did not involve a di,.biIIly as defined by the America", with Di.. bihties Aot
TIle Re,poodeot employ. [e•• than the mq"I,.J number of employe., or i$ nol otherwise covered by the statutos
Your charg" was Mllimely flied WIth EEOC; In oti,.rwolds. you wOlled too long ofter Il,e datels) of Ihe alleged dlScrlml""tioo to file your
charge. Kavlng been give" ~O days In which to reSPQ"", you failed to provide ioformatloo. failed to "ppear or bo available for Int.",i.wsloonfereoGes. or othofWISe failed to cooperale to the ."001 thai It wos not possible to resalv. your chalgo.
Wllile rea,onable efforts wo'e mM. to locale yeo. we we", oot .hle to do SO
You were given ~O days to aooe i:I • reasonable sllltlemeOI offer that affords full 'ef,el for 'he harm yeu alleged.
The EEOC rs."e'l~e following dete<miMtioo: Bas.<i upon rt. mv.stigatIGIl, the EgOC is unabl& to conolude that the iomrmalion obtoined e.labllsheg viol.tions oftha "toMe; ThIS does nol <Miry Ihal the re.pondent " In oompllanCQ with tile slatute•. No finding is made as to any other ISS"O' that mlglll b. <O"'trued .. hov'"9 been ,"i,ed by Ihls cha!gc.
1",1 The E~OC has adopted the findings of the Sl8to or local fair employment praclice. ,goney inve.f;gated thi' charge.
Otll., (bn"ef/y staleJ

• NOTICE OF SUIT RIGHTS(3e. tho additional mfomJot,on olWched to 1n!8 form)

Title VII, the Americans with Disabilities Act, andlorthe Ag~ Discrimination in Employment Act: ThiS will be the only
notice of dismissal and Of your right to sue that we will send you. You may file a lawsuit against the respondent(s) under
federal law based on tIlis charge in fMeral or state court. Your lawsu·,t must be f,led WITHIN 90 DAYS of your receipt of this Notice; oryour rightto sue based on this charge will be lost. (The time limit forfili~g Suit based on a state claim may
be different.)

Equal Pay Act (EPA): EPA suits must be filed In federal or state courtwilhin 2 years (3 years for Willful violations) of the alleged EPA underpayment. This means that backpay due for any ViOlations that occurred more than 2 years 13 vears}
before you file suit may not be cOllectible.

Enc[o,ure(.)

MAR" 200\
(Date MOiled)

Ce: Richard Schoolman Special Counset
NYC TRANStT AUTHORITY 130 Livingston Street Brooklyn, NY 11201

Arman, B. Scott, Esq 55 Washington Street, Suite 655 Brooklyn, NY 11201

Case 1:04-cv-02294-SLT-MDG Document 1 Filed 06/03/2004 Page 29 of 29

 
 U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2006)

2006 WL 3833120 Only the Westlaw citation is currently available.
United States District Court, E.D. New York.
UNITED STATES of America, Plaintiff, v.
NEW YORK METROPOLITAN TRANSPORTATION AUTHORITY, et al.,
Defendants.
Nos. CV-2004-4237(SLT)(MDG), 04-CV-02331-SLT-MDG, 03-CV-02139-SLT-MDG, 05-CV-03341-SLT-MDG, 04-CV-02294-SLT-MDG,
05-CV-05477-SLT-MDG. | Dec. 29, 2006.
Attorneys and Law Firms
David J. Palmer, Diana Embrey, Sonya A. Rao, Victor D. Quintanilla, U.S. Department of Justice Civil Rights Division, Employment Litigation Section, Reid Alan Cox, Civil Rights Division Employment Litigation Section, Washington, DC, for Plaintiff.
Rhonda J. Moll, Metropolitan Transportation Authority, New York, NY, Richard Schoolman, New York Transit Authority Law Dept., Brooklyn, NY, for Defendants.
Opinion

ORDER

MARILYN D. GO, United States Magistrate Judge.
*1 In these six consolidated actions, the United States and the individual plaintiffs, who are Muslim and Sikh TA employees, allege that the New York Metropolitan Transportation Authority and the New York City Transit Authority (collectively the “TA”) discriminated against them and similarly situated employees who wear religious head coverings and failed to accommodate their religious beliefs in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. By letter dated June 22, 2006, plaintiffs move to compel the TA to produce documents from TA manager Jennifer Sinclair’s1 files withheld on grounds of attorney-client privilege and/or attorney work product. See Letter to Court from Diana L. Embrey dated June 22, 2006 (ct. doc. 104 in 04-CV-4237).

1

Although from prior submissions it appears that Ms.

Sinclair holds a law degree, it is undisputed that she

does not practice law on behalf of the TA nor provide

legal advice. See ct. doc. 86 at 3; ct. doc. 88.
After conducting an in camera inspection of the documents in dispute, I grant in part and deny in part plaintiffs’ motion.
DISCUSSION
“To invoke the attorney-client privilege, a party must demonstrate that there was: (1) a communication between client and counsel, which (2) was intended to be and was in fact kept confidential, and (3) made for the purpose of obtaining or providing legal advice.” United States v. Constr. Prods. Research, Inc., 73 F.3d 464, 473 (2d Cir.1996); see Fisher v. United States, 425 U.S. 391, 403 (1976). Draft documents ultimately sent to third parties retain their privilege “if they were prepared for the purpose of obtaining legal advice and/or contain information a client considered but decided not to include in the final version.” Renner v. Chase Manhattan Bank, 1998 No. 98 CIV. 926, 2001 WL 1356192, at *8 (S.D.N.Y. Nov. 1, 2001); see McCook Metals L.L.C. v.. Alcoa Inc., 192 F.R.D. 242, 255 (N.D.Ill.2000); Andritz Sprout-Bauer, Inc. v. Beazer East, Inc., 174 F.R.D. 609, 632 (M.D.Pa.1997) (“Drafts of documents ... circulated to counsel for comments on legal issues are considered privileged if they were prepared or circulated for the purpose of giving or obtaining legal advice and contain information or comments not included in the final version”); U.S. Postal Serv. v. Phelps Dodge Refining Co., 852 F.Supp. 156, 163 (E.D.N.Y.1994).
Federal Rule of Civil Procedure 26(b)(3) embodies the federal work product doctrine which provides qualified protection to “documents and tangible things ... prepared in anticipation of litigation or for trial” from discovery. Fed.R.Civ.P. 26(b)(3); Constr. Prods., 73 F.3d at 473; Bogan v. Northwestern Mut. Life Ins. Co., 163 F.R.D. 460, 462 (S.D.N.Y.1995); Stryker Corp. v. Intermedics Orthopedics, Inc., 145 F.R.D. 298, 301 (E.D.N.Y.1992); see Hickman v. Taylor, 329 U.S. 495, 511 (1947). Documents prepared in anticipation of litigation are those that, “in light of the nature of the document and the factual situation in the particular case ... can fairly be said to have been prepared or obtained because of the prospect of litigation.” United States v. Adlman, 134 F.3d 1194, 1202 (2d Cir.1998).
*2 The burden of establishing the applicability of both attorney-client privilege and the attorney work product doctrine rests with the party asserting it. See Constr. Prods., 73 F.3d at 473.
1

U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2006)

Documents labeled A-6, F-3, F-19, F-22, and F-23 These documents are draft uniform policy bulletins that were submitted for review by attorneys in either the Office of Labor Relations or the Law Department in response to an arbitrator’s finding that a prior uniform policy bulletin was improperly written. See ct. doc. 106 at 2, Exhs. A at ¶¶ 2, 4 (Declaration of David Hyland, Senior Director in the TA’s Office of Labor Relations), B at ¶ 5 (Declaration of K. Jennifer Sinclair, Chief Transportation Officer in the TA’s Department of Buses). These documents need not be produced since they are draft documents that were submitted to attorneys for the purpose of obtaining legal advice. See Renner, 2001 WL 1356192, at *8; McCook Metals, 192 F.R.D. at 255; Andritz Sprout-Bauer, Inc., 174 F.R.D. at 632; U.S. Postal Serv., 852 F.Supp. at 163. Although the uniform policy bulletins were intended to be, and ultimately were, released to TA employees, it is clear from review that the client “still intend[ed] that his communications with his attorney prior to the finalization of the document remain confidential.” In re Kidder Peabody Sec. Litig., 168 F.R.D. 459, 474 (S.D.N.Y.1996); see In re Grand Jury Subpoena Duces Tecum Dated September 15, 1993, 731 F.2d 1032, 1037 (2d Cir.1984).
Documents labeled D-2 and F-18 These documents are internal memoranda between non-attorney TA officials commenting on the draft uniform policy bulletins discussed above. See ct. doc. 106 at 2, Exh. B at ¶ 5. Unlike the draft bulletins themselves, there is no indication that these documents were submitted to TA attorneys for the purpose of obtaining legal advice. See Constr. Prods., 73 F.3d at 473. “Work by a non-attorney, undertaken without a request by the attorney to assist her, is not within the attorney-client privilege.” Verizon Directories Corp. v. Yellow Book USA, Inc., No. 04-CV-251, 2004 WL 4054842, at *3 (E.D.N.Y. July 22, 2004); Byrnes v. Empire Blue Cross Blue Shield, No. 98 Civ. 8520, 1999 WL 1006312, at *4 (S.D.N .Y. Nov. 4, 1999). Therefore, these memorandums are not protected by any privilege and must be produced.
Documents labeled B-3, B-4, F-2, F-27, and F-28 These documents contain information gathered for the purpose of defending the TA in arbitration proceedings at the request of David Hyland, a TA attorney in its Office of Labor Relations. See ct. doc. 106 at 2, Exhs. A at ¶ 3, B at ¶¶ 3, 4. Such documents are protected under the attorney work product doctrine. See Adlman, 134 F.3d at 1202. However, although the compilations of information contained in B-3, B-4 and F-2, which were created in

connection with the arbitration, may be protectible as work product, the underlying information regarding enforcement of the policy regarding headwear is not sheltered from disclosure in response to any proper discovery request that may have been propounded.

Documents labeled B-5, B-6, B-7, B-8, F-17, and F-26 *3 These documents consist of e-mail messages with attachments but the TA has produced only the e-mail messages themselves. Although the TA apparently does not assert any privilege in the attachments,2 it has not produced the attachments because the hard copies were not contained in Ms. Sinclair’s hard copy file. See ct. doc. 106 at 1. Since it is undisputed that the United States’s discovery requests properly included a request for copies of electronic documents, these attachments must be produced. See ct. doc. 104 at 2 n. 2; see also Local Civil Rule 26.3 (in discovery requests, the term “document” includes “electronic or computerized data compilations”); Fed.R.Civ.P. 34(a) (party may request “electronically stored information”).

2

Although the TA originally asserted that documents

F-17 and F-26 contained trial preparation material, see

ct. doc. 104, Exh. 1 at 3-4, it subsequently produced the

e-mails at issue on June 28, 2006 without raising any

claim of privilege as to the attachment. See Letter of

Diane Embrey dated July 6, 2006 (ct.doc.107) at 1 n. 1.

The attachment at issue is described as the final version

of Uniform Requirements, which was to be discussed

with the union. As such, it would not constitute work

product.

Document labeled D-1 This document is a memorandum between non-attorney TA officials attaching information concerning the uniform policies of other transportation providers not affiliated with the TA. See ct. doc. 106 at 2, Exh. C. at 1-2 (Declaration of Richard Schoolman). The TA claims that the information is privileged because the other agencies’ policies “could be of use in relating to the drafting of bulletins for Mr. Hyland’s review.” See ct. doc. 106, Exh. C at 1. However, the TA has not established that this document was prepared in anticipation of litigation nor is it a confidential communication between a client and its attorney made for the purpose of obtaining or providing legal advice. See Constr. Prods., 73 F.3d at 473. Nor is there any indication that the information was compiled at the request of an attorney. See Verizon, 2004 WL 4054842, at *3; Byrnes, 1999 WL 1006312, at *4. Moreover, the uniform policies of other employers are not protected since the attorney-client privilege “protects communications rather than information.” In re Grand
2

U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2006)

Jury, 731 F.2d at 1037; see Verizon, 2004 WL 4054842, at *3; SR Int’l Bus. Ins. Co. v. World Trade Ctr. Props. LLC, No. 01 Civ. 9291, 2002 WL 1455346, at *4 (S .D.N.Y. July 3, 2002). Finally, the information is relevant as the TA concedes that it considered these specific uniform policies of other employers in formulating its own policies. See ct. doc. 106 at 2, Exh. C at 1.

compel these documents is moot.
CONCLUSION For the foregoing reasons, plaintiffs’ motion to compel is granted in part and denied in part as set forth above.

Documents labeled F-5 and F-8 Defendants represent that these documents were already produced on May 26, 2006, therefore, the motion to

SO ORDERED.
	  

3

 
 U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2006)

2006 WL 708672 United States District Court,
E.D. New York.
UNITED STATES of America, Plaintiff, v.
NEW YORK METROPOLITAN TRANSPORTATION AUTHORITY, et ano,
Defendants.
No. CV 2004-4237(SLT)(MDG). | Jan. 12, 2006.
Attorneys and Law Firms
David J. Palmer, Diana Embrey, Reid Alan Cox, Sonya A. Rao, Victor D. Quintanilla, U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, Washington, DC, Omar T. Mohammedi, Ally Hack, The Law Firm of Omar T. Mohammedi, New York, NY, for Plaintiff.
Rhonda J. Moll, Metropolitan Transportation Authority, New York, NY, Richard Schoolman, New York Transit Authority, Law Dept., Brooklyn, NY, for Defendants.
Opinion
MARILYN D. GO, United States Magistrate Judge.
*1 Plaintiff United States of America brings this Title VII action against defendants New York Metropolitan Transportation Authority (the “NYMTA”) and New York City Transit Authority (the “NYCTA”) (collectively the “defendants”) alleging that the defendants discriminated against certain of its employees because of their religion and failed to accommodate their religious beliefs in wearing religious head coverings. The NYCTA moves to compel plaintiff to answer certain interrogatories.
For the reasons set forth below, defendant NYCTA’s motion to compel is denied.
BACKGROUND
On September 28, 2005, the NYCTA served plaintiff with interrogatories asking the United States to identify the job titles of its civilian employees who normally wear uniforms that include headwear with a logo or badge affixed and to describe how the United States, as an employer, accommodates those employees who wish to wear religious headwear without any logo or badge. See Letter to Court from Richard Schoolman dated November

3, 2005, Exh. A (“11/3/05 Ltr.”) (ct.doc.41).1 The September 28 interrogatories and an October 4, 2004 supplemental interrogatory also inquired about a United States Department of Transportation directive barring Sikh male commercial airline passengers from wearing a ceremonial sword, known as a “kirpan,” on flights. See 11/3/05 Ltr., Exhs. A, B. On October 19, 2005, the United States objected to these interrogatories on relevance as well as other grounds. See id., Exhs. C, D.

1

In its letter motion, the NYCTA has limited this aspect

of its motion to compel to executive branch employees.

See id. at 1 n.1.

DISCUSSION
Rule 26(b)(1) of the Federal Rules of Civil Procedure authorizes “discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party.” Relevant information need not be admissible at trial so long as it is reasonably calculated to lead to the discovery of admissible evidence. In re Subpoena Issued to Dennis Friedman, Esq., 350 F.3d 65, 69 (2d Cir.2003); Daval Steel Prods. v. M/V Fakredine, 951 F.2d 1357, 1367 (2d Cir .1991); Fed.R.Civ.P. 26(b)(1).
The NYCTA argues that the discovery sought regarding federal uniformed civilian employees is relevant for two reasons. First, the NYCTA contends that information regarding how the United States, as an employer, regulates religious headgear worn by its employees is relevant to whether the NYCTA has offered a reasonable accommodation to its employees. However, as the NYCTA noted in its motion, see 11/3/05 Ltr. at 2 n. 2, the “reasonableness” of a particular accommodation depends on the specific facts and circumstances of the case. See Beadle v. Hillsborough County Sheriff’s Department, 29 F.3d 589, 592 (11th Cir.1994) (definitions of “reasonable accommodation” and “undue hardship” “must be determined on a case by case basis”); Kalsi v. New York City Transit Authority, 62 F.Supp.2d 745, 757 (E.D.N.Y.1998) (“whether accommodation of an employee’s religious practice would cause an employer undue hardship must be determined based on the particular factual context of each case”), aff’d, 189 F.3d 461 (2d Cir.1999); Gordon v. MCI Telecomm. Corp., 791 F.Supp. 431, 436 (S.D.N.Y.1992) (same). The religious accommodations offered by other employers, particularly ones not involved in providing mass transportation, is not relevant to determining whether the NYCTA reasonably accommodated its employees. The NYCTA fails to point to any factual similarities in the circumstances of
1

U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2006)

employment between it and any federal agency.
*2 Second, the NYCTA argues that the information is relevant to plaintiff’s request for equitable relief because evidence that the has made more of an effort than the United States to accommodate its employees’ religious beliefs may support a defense of unclean hands or judicial estoppel. However, as plaintiff points out, the NYCTA has waived those affirmative defenses by failing to plead either affirmative defense in its Answer. See United States v. C.I.T. Constr. Inc. of Tex., 944 F.2d 253, 258-59 (5th Cir.1991) (judicial estoppel); Burns v. Imagine Films Ent’mt, 165 F.R.D. 381, 393 (W.D.N.Y.1996) (unclean hands). In any event, when the government acts, as here, in the public interest, it cannot be subject to the unclean hands defense. See EEOC v. Recruit U.S.A., Inc., 939 F.2d 746, 752 (9th Cir.1991) (declining to apply unclean hands defense to EEOC because agency’s enforcement of Title VII “effectuated a compelling governmental and public interest”); United States v. Philip Morris Inc., 300 F.Supp.2d 61, 75 (D.D.C.2004); United States v. American Electric Power Service Corp., 218 F.Supp.2d 931, 938 (S.D.Ohio 2002); SEC v. Rivlin, No. 99-1455, 1999 WL 1455758, at *5 (D.D.C. Dec. 20, 1999).
As to the NYCTA’s potential judicial estoppel defense, that defense would not apply in this context. The judicial estoppel doctrine may apply where the party against whom estoppel is asserted argued an inconsistent position in a prior proceeding. See Bates v. Long Island R.R. Co., 997 F.2d 1028, 1037-38 (2d Cir.1993); Young v. United States Dep’t of Justice, 882 F.2d 633, 639 (2d Cir.1989). The doctrine “is supposed to protect judicial integrity by preventing litigants from playing ‘fast and loose’ with courts, thereby avoiding unfair results and ‘unseemliness.’ “ Young, 882 F.2d at 639 (quoting Long Island Lighting Co. v. Transamerica Delaval, Inc., 646 F.Supp. 1442, 1447 (S.D.N.Y.1986)). Accordingly, the Second Circuit requires some evidence that the party against whom judicial estoppel is invoked intended to mislead or deceive the court. See id. at 639-40.
Here, the NYCTA does not even suggest that the government intended to mislead the courts in this litigation or any other litigation involving the accommodation of religious beliefs. Moreover, for judicial estoppel to apply, “there must be a true inconsistency between the statements in the two proceedings.” Simon v. Safelite Glass Co., 128 F.3d 68, 72-73 (2d Cir.1997). “If the statements can be reconciled there is no occasion to apply an estoppel.” Id. at 73.

Because the “reasonableness” of a particular accommodation must be determined on a case by case basis, the government’s position on the religious accommodations offered to its employees has no bearing on the government’s position in this case. Thus, there could not be a “true inconsistency” in the government’s position in this case and its position in another case dealing with entirely different factual circumstances.
*3 Therefore, the discovery sought would not be relevant to any viable defense.
Defendant contends that it is entitled to discovery regarding any modifications to a United States Department of Transportation policy that prohibits Sikh men from wearing “kirpans” on commercial airline flights. Defendant argues that the policy is relevant because it amounts to “a kind of dress code for Sikh men without providing ... an accommodation for them.” See 11/3/05 Ltr. at 3. However, there is no logical connection between the Transportation Department’s policy against prohibiting weapons on commercial airline flights and the alleged employment policies at issue here. Airline passengers, unlike employees, are not protected by Title VII. The weapons ban on commercial flights, which may affect the religious accoutrements worn by Sikh airline passengers, stem from security and other concerns different from the ones underlying the NYCTA uniform policies challenged in this case. Thus, the information sought concerning the Department of Transportation policy is not relevant to the question whether the NYCTA reasonably accommodated the religious practices of Sikh and Muslim employees.
CONCLUSION
For the foregoing reasons, the NYCTA’s motion to compel is denied.
SO ORDERED.
Parallel Citations
97 Fair Empl.Prac.Cas. (BNA) 981
	  

2

 
 U.S. v. New York City Transit Authority, Not Reported in F.Supp.2d (2006)

2006 WL 1307935 Only the Westlaw citation is currently available.
United States District Court, E.D. New York.
UNITED STATES of America, Plaintiff, v.
NEW YORK CITY TRANSIT AUTHORITY, et ano, Defendants.
This Order pertains to: Small v.
New York City Transit Authority.
Nos. CV 2004-4237(SLT)(MDG), CV 2003-2139(SLT)(MDG). | May 9, 2006.
Attorneys and Law Firms
David J. Palmer, Diana Embrey, Louis Lopez, Reid Alan Cox, Shaarik H. Zafar, Sonya A. Rao, U.S. Department of Justice, Washington, DC, for Plaintiff.
Rhonda J. Moll, Metropolitan Transportation Authority, New York, NY, Richard Schoolman, New York Transit Authority Law Dept., Brooklyn, NY, for Defendants.
Opinion

ORDER

MARILYN D. GO, Magistrate Judge.
*1 This order addresses the request of plaintiffs’ counsel in Small v. New York City Transit Authority for reconsideration (ct .doc. 121(S))1 of that part of an order filed on April 19, 2006 imposing a sanction of $250 (the “Prior Order”).

1

All references to electronically filed documents in the

lead consolidated action (CV 04-4237) are denoted by

“ct. doc.” followed by the document numbers. Numbers

for documents filed in the Small action (CV 03-2139)

are followed by “(S).” The parties are reminded that all

documents must be filed in the lead case and the entry spread to any other action involved.
Local Civil Rule 6.3 permits motions for reconsideration of “matters or controlling decisions which counsel believes the court has overlooked.” Id.; see also Shrader v. CSX Transp., Inxc., 70 F.3d 255, 257 (2d Cir.1995). Alternatively, a motion for reconsideration may be granted to “correct a clear error or prevent manifest injustice.” Doe v. New York City Dep’t of Soc. Servs., 709 F.2d 782, 789 (2d Cir.1983). Local Civil Rule 6.3 should be “narrowly construed and strictly applied so as to avoid repetitive arguments on issues that have been considered fully by the Court. Dellefave v. Access Temps., Inc., No. 99 Civ. 6098, 2001 WL 286771, at *1 (S.D.N.Y. Mar. 22, 2001).
Plaintiffs’ counsel has failed to satisfy the requirements of Local Civil Rule 6.3. He now provides an explanation for the change in his interrogatory answer; this is a matter that had never been presented before and does not qualify as an issue overlooked by the Court. In any event, as noted in the Prior Order, “[a]t the very least, plaintiffs caused defendants to expend unnecessary effort in responding to plaintiffs’ initial objections to Interrogatory 4 and then to plaintiffs’ about-face in later submissions.” Id. at 5. This Court also found that plaintiffs did not proceed in good faith in discovery because they interposed objections to Interrogatory 4 in their belated response, notwithstanding the clear directive to answer in an order dated January 12, 2005. Ct. doc. 61. Nothing in plaintiffs’ application provides a basis for changing either of these findings.
CONCLUSION
For the foregoing reasons, the motion for reconsideration is denied.
SO ORDERED.
	  

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 U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2007)

2007 WL 1827519 Only the Westlaw citation is currently available.
United States District Court, E.D. New York.
UNITED STATES of America, Plaintiff, v.
NEW YORK METROPOLITAN TRANSPORTATION AUTHORITY, et al.,
Defendants. This Order pertains to:
Stephanie Lewis v.
New York City Transit Authority, et al.
Nos. CV 2004-4237(SLT)(MDG), 04-CV-02331-SLT-MDG. | June 22, 2007.
Attorneys and Law Firms
David J. Palmer, Diana Embrey, Reid Alan Cox, U.S. Department of Justice Employment Litigation Section, Sonya A Rao, Victor D. Quintanilla, U.S. Department of Justice, Washington, DC, Omar T. Mohammedi, Ally Hack, The Law Firm of Omar T. Mohammedi, New York, NY, for Plaintiff.
Rhonda J. Moll, Metropolitan Transportation Authority, Richard Schoolman, Kavita K. Bhatt, New York Transit Authority Law Dept., Brooklyn, NY, for Defendants.
Opinion

ORDER

MARILYN D. GO, United States Magistrate Judge.
*1 This order addresses the disputes regarding the amount of fees each party must pay the other party’s expert for testifying at depositions. See letters dated November 1, 2006 (ct.doc. 120)1 and November 7, 2006 (ct.doc. 124) of Rhonda J. Moll; letters dated November 6, 2006 (ct.doc. 122) and November 10, 2006 (ct.doc. 125) of Omar T. Mohammedi.

1

All citations to court document numbers are to the

filings in the lead case (04-CV-4237).

DISCUSSION

As the parties acknowledge, they are liable to pay the opposing expert deposed a “reasonable fee for time spent in responding to discovery .... “ Fed.R.Civ.P. 26(b)(4). Among the factors courts consider in determining the “reasonableness” of a fee are: the witness’s area of expertise; the education and training required for the expert insight sought; the prevailing rates for other comparably respected available experts; the nature, quality and complexity of the discovery responses provided; the cost of living in the particular geographic area; the fee being charged by the expert to the party who retained him; the fees charged by the expert in similar matters; and any other factor likely to be of assistance to the court in balancing the interests implicated by Rule 26. See Adams v. Memorial Sloan Kettering Cancer Ctr., No. 00 Civ. 9377(SHS), 2002 WL 1401979, at *1 (S.D.N.Y. June 28, 2002); see also Coleman v. Dydula, 190 F.R.D. 320, 324 (W.D.N.Y.1999); Magee v. Paul Revere Life Ins. Co., 172 F.R.D. 627, 645 (E.D.N.Y.1997). The party seeking reimbursement bears the burden of demonstrating the reasonableness of the expert fee sought. See Carafino v. Forester, No. 03 Civ. 6258(PKL)(DF), 2005 WL 1020892, at *1 (S.D.N.Y. Apr. 29, 2005) (citation omitted). Where a party fails to meet its burden, the court may exercise its discretion to determine a reasonable fee. See Mannarino v. United States, 218 F.R.D. 372, 374 (E.D.N.Y.2003) (quoting New York v. Solvent Chem. Co., Inc., 210 F.R.D. 462, 468 (W.D.N.Y.2002)).
Both sides seek compensation at a rate of $400 per hour for their experts and oppose that rate sought by the other side. After examining the curricula vitae and expert reports of Dr. Reich and Dr. Goldstein, I find both experts well qualified in their fields. Defendants’ expert, Dr. Robert L. Goldstein (“Dr.Goldstein”), is a board certified psychiatrist who graduated from Chicago Medical School in 1965. In addition to maintaining a private practice since 1970, Dr. Goldstein has held several teaching positions, most recently as a Clinical Professor of Psychiatry at Columbia University’s College of Physicians and Surgeons. Dr. Goldstein has also authored over 80 publications in leading professional journals and authoritative texts and has extensive experience testifying as an expert witness. See ct. doc. 120, Ex. 9.
Plaintiff’s expert, Stephen Reich, Ph.D. (“Dr.Reich”), is a licensed psychologist who received his doctorate in clinical psychology from Fordham University in 1972. Besides having a private practice since 1974, he has been an Assistant Attending Psychologist at the Payne Whitney Psychiatric Clinic of New York Presbyterian Hospital since 1972. In addition, Dr. Reich has held teaching positions since 1972, most recently as an Adjunct Assistant Professor of Psychology at Cornell University Medical College. Dr. Reich has extensive experience testifying as an expert witness. See ct. doc. 122, Ex. 5.
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U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2007)

*2 Plaintiff argues that Dr. Goldstein should be compensated at the same $250 per hour rate that he charges defendant NYCTA, particularly since her counsel did not anticipate that Dr. Goldstein would seek compensation at a higher rate. Ct. doc. 122. However, the rate schedule that plaintiff received clearly stated that the $250 per hour rate was the “Fee Schedule for Government Agencies.” Ct. doc. 122, Ex. 1 (emphasis added). Irrespective of whether plaintiff expected to pay a lower rate, the amount of fees an expert charges to the party who retained him is but one of several factors discussed above in determining the reasonableness of an expert’s fee. See Garnier v. Illinois Tool Works, Inc., No. 04 CV 1825(NGG)(KAM), 2006 WL 1085080, at *2 (E.D.N.Y. Apr. 24, 2006) (the factors merely serve as a guide and no one factor is dispositive) (internal citation and quotation marks omitted); see also Magee, 172 F.R.D. at 646 (court weighed several factors, including expert’s lower rate for the retaining party, before reducing the expert’s requested hourly fee of $350 to $250).
Defendants argue that the requested rate is reasonable in light of the fact other courts have awarded Dr. Goldstein fees at a rate of $350 per hour in 2005 and $250 per hour in 1997. See Carafino, 2005 WL 1020892 at *1 ($350 hourly rate awarded subject to reconsideration upon submission of further documentation regarding Dr. Goldstein’s credentials); Magee, 172 F.R.D. at 645 ($250 hourly rate awarded). However, the judge in Carafino did not address a dual rate structure and the judge in Magee, who did, reduced Dr. Goldstein’s fee to the amount charged to the party retaining him. Notably, “courts most often reduce expert fee requests when the expert seeks to charge the opposing party a higher rate than the expert charges the retaining party.” E.E.O.C. v. Johnson & Higgins, Inc., No. 93 Civ. 5481(LBS)(AJP), 1999 WL 32909, at *4 (S.D.N.Y. Jan. 21, 1999) (citing cases). However, in the majority of those cases where the court reduced an expert’s fee to the hourly rate charged to the retaining party, there was no explanation for the higher rate charged. See, e.g., Ohuche v. British Airways, No. 97 Civ. 1853(JSM)(RLE), 1998 WL 240481, at *1 (S.D.N.Y. May 11, 1998) (fee of expert reduced to the $250 an hour rate he charged the retaining party in the absence of explanation for higher rate charged the opposing party); Jochims v. Isuzu Motors, Ltd., 141 F.R.D. 493, 496-97 (S.D.Iowa 1992) (hourly rate of expert reduced to the amount charged retaining party where no evidence that the expert had ever charged or been paid the hourly rate sought, a rate double the amount charged the retaining party). In contrast, Dr. Goldstein apparently has charged the $400 per hour rate sought, albeit not to governmental entities.
After considering the foregoing factors, I find that $350 per hour is a reasonable rate for Dr. Goldstein’s time at his deposition. See Garnier, 2006 WL 1085080 at *1

(expert psychiatrist’s fee reduced from $450 per hour to $350 per hour for time reasonably expended preparing for and testifying at his deposition); see also Cotto v. Clark Investigations & Security Serv., Ltd., No. 03 Civ. 2878(RMB)(DFE), 2003 WL 22852240 (S.D.N.Y. Dec. 1, 2003) ($400 per hour rate for deposing defendant’s expert); Carafino, 2005 WL 1020892 at *2 (Dr. Goldstein’s fee reduced from $500 per hour to $350 per hour for testifying at his deposition, subject to adjustment upon demonstration of the reasonableness of the requested rate of $500 per hour).
*3 On the other hand, although Dr. Reich charged plaintiff the same rate sought by plaintiff’s expert witness for his compensation, I find that plaintiff’s proposed rate of $400 per hour for her expert’s time is unreasonable. Defendants’ reliance on Mock v. Johnson, 218 F.R.D. 680 (D.Hawai’i 2003), to support their position that $135 per hour is a reasonable fee for a psychologist is misplaced since the court in that case simply approved the billing rate sought by plaintiff’s psychologist, who practiced in the state farthest away from New York as possible. This Court could not find any reported cases from this region regarding the appropriate fees to be awarded testifying psychologists. However, psychiatrists, unlike psychologists and other mental health experts, must undergo medical training besides specialized training in mental health issues. In addition, psychiatrists, who have earnings comparable to other doctors, generally earn far more than psychologists. See U.S. Department of Labor, Bureau of Labor Statistics, Occupational Employment and Wages, May 2006 (noting median annual wage for psychiatrists is $149,990 and for psychologists is $80,360) (h ttp:// stats.bls.gov/oes/current/oes291066.htm; http:// stats.bls.gov/oes/current/oes193039.htm); see also Magee, 172 F.R.D. at 646 (noting that plaintiff’s treating psychologist and expert psychiatrist charge $120 and $250 per hour, respectively). While the salary differential between these two professions may be narrower for those who engage in forensics, plaintiff has not presented any evidence other than Dr. Reich’s customary billing rate to establish the prevailing rates for other expert psychologists with comparable qualifications. Therefore, based on the totality of the information presented, I find that a reasonable fee for Dr. Reich’s appearance at his deposition is $225 per hour.
Last, this Court denies Mr. Mohammedi’s request for attorneys’ fees for time spent responding to defendants’ two letters to the Court in light of the result reached herein.
CONCLUSION
For the foregoing reasons, I direct defendants to
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U.S. v. New York Metropolitan Transp. Authority, Not Reported in F.Supp.2d (2007)

compensate Dr. Reich for his appearance at his deposition at a rate of $225 per hour and plaintiff to compensate Dr. Goldstein at a rate of $350 per hour.

SO ORDERED.
	  

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U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:04-cv-04237-SLT-MDG

United States of America v. New York Metropolitan Transportation Authority et al Assigned to: Judge Sandra L. Townes Referred to: Magistrate-Judge Marilyn D. Go Member case: (View Member Case) Cause: 42:2000e Job Discrimination (Employment) Mediator Ruth D. Raisfeld
Plaintiff United States of America

Date Filed: 09/30/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Ruth Debra Raisfeld Attorney at Law 47 Sector Road Scardale, NY 10583 914-722-6006 Fax: 914-722-0678 Email: rdradr@optonline.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Palmer U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue N.W. Patrick Henry Building, Rm 4918 Washington, DC 20530 202-353-2510 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Diana Embrey U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue N.W. Patrick Henry Building, Rm 4918 Washington, DC 20530 202-353-2510 Email: Diana.Embrey@USDOJ.Gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth A. Speck U.S. Dept. of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, Nw, Phb Room 4025 Washington, DC 20530 202-353-3353 Fax: 202-514-1005 Email: elizabeth.speck@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Lopez U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue N.W. Patrick Henry Building, Rm 4918 Washington, DC 20530 202-353-1845 Fax: 202-514-1105 Email: louis.lopez@usdoj.gov TERMINATED: 06/20/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Reid Alan Cox U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue NW Washington, DC 20530 202-514-3831 Fax: 202-514-1005 Email: reid.cox@usdoj.gov TERMINATED: 07/09/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shaarik H. Zafar U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennyslvania Avenue N.W.

MEDSNR

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Plaintiff Stephanie Lewis
V. Defendant New York Metropolitan Transportation Authority
Defendant

Patrick Henry Building, Rm 4918 Washington, DC 20530 202-616-1578 Fax: 202-514-1005 Email: shaarik.h.zafar@usdoj.gov TERMINATED: 06/20/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sonya A Rao U.S. Department of Justice Civil Rights Division - Employment Litigation 950 Pennsylvania Avenue NW Washington, DC 20530 202-514-6269 Fax: 202-514-1005 Email: sonya.rao@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Victor D. Quintanilla Civil Rights Division United States Department Of Justice 601 D St, Nw Phb 4027 Washington, DC 20004 202-305-3179 Fax: 202-514-1005 Email: victor.quintanilla@usdoj.gov TERMINATED: 07/09/2007
represented by Omar T. Mohammedi Law Firm of Omar T. Mohammedi 233 Broadway Suite 801 New York, NY 10279 212-725-3846 Fax: 212-725-9160 Email: omohammedi@otmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ally Hack The Law Firm of Omar T. Mohammedi 200 Madison Avenue New York, NY 10016 212-725-3846 Fax: 212-725-9160 Email: allyhaq@aol.com ATTORNEY TO BE NOTICED
represented by Rhonda J. Moll Metropolitan Transportation Authority 347 Madison Avenue New York, NY 10017 (212) 878-1036 Fax: 212-878-0147 Email: rmoll@mtahq.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Schoolman New York Transit Authority Law Dept. 130 Livingston Street 12th floor Brooklyn, NY 11201 (718)694-4667 Fax: 718-694-5727 Email: Richard.Schoolman@nyct.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kavita K. Bhatt New York City Transit 130 Livingston Street Room 1206 Brooklyn, NY 11201 718-694-3908 Fax: 718-694-5727 Email: kavita.bhatt@nyct.com ATTORNEY TO BE NOTICED

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New York City Transit Authority

represented by Richard Schoolman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kavita K. Bhatt (See above for address) ATTORNEY TO BE NOTICED
Rhonda J. Moll (See above for address) ATTORNEY TO BE NOTICED

Date Filed #

Docket Text

09/30/2004 09/30/2004 09/30/2004 10/05/2004 10/22/2004 11/10/2004 11/29/2004 12/22/2004 12/22/2004 03/07/2005 04/05/2005 04/06/2005 04/06/2005 04/07/2005 04/11/2005 04/11/2005
04/13/2005 04/13/2005 04/13/2005
04/25/2005 04/26/2005 05/09/2005 05/18/2005
05/31/2005 06/09/2005 07/08/2005 07/08/2005 07/11/2005 07/14/2005 07/15/2005 07/22/2005 07/27/2005 07/29/2005

1 COMPLAINT against New York City Transit Authority, New York Metropolitan Transportation Authority, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 09/30/2004)
Summons Issued as to New York City Transit Authority, New York Metropolitan Transportation Authority. (Bowens, Priscilla) (Entered: 09/30/2004)
2 Notice of Related Case Assignment (Bowens, Priscilla) (Entered: 09/30/2004)
3 WAIVER OF SERVICE Returned Executed by United States of America. New York Metropolitan Transportation Authority waiver sent on 9/29/2004, answer due 11/29/2004. (Embry, Diana) (Entered: 10/05/2004)
4 ORDER, GRANTING the substitution pages for the complaint to be filed. Asking the Court to remove the Jury Demand . Signed by Judge Sandra L. Townes on 10/18/04. (Sica, Michele) (Entered: 10/22/2004)
5 Letter from Diana Embrey, Trial Attorney to Clerk of Court Regarding Reassignment and Consolidation of Cases. (Embry, Diana) (Entered: 11/10/2004)
6 ANSWER to Complaint by New York City Transit Authority.(Schoolman, Richard) (Entered: 11/29/2004)
7 DISCLOSURE of Interested Parties by United States of America.(Embry, Diana) (Entered: 12/22/2004)
Email Test - DO NOT REPLY. (Lee, Tiffeny) (Entered: 12/22/2004)
8 ORDER An initial conference will be held in the above case on April 12, 2005 at 11:00 a.m. as per attached order. Signed by Judge Marilyn D. Go on 03/07/05. (DeVeaux, Yvonne) (Entered: 03/07/2005)
9 STATUS REPORT FROM ALL PLAINTIFFS by United States of America. (Embry, Diana) (Entered: 04/05/2005)
10 NOTICE by United States of America of Appearance for Sonya A. Rao (Embry, Diana) (Entered: 04/06/2005)
11 First MOTION to Compel (Amended) by United States of America. (Attachments: # 1 Exhibit 1 through 8)(Embry, Diana) (Entered: 04/06/2005)
12 NOTICE by New York City Transit Authority re 9 Status Report Defendant's Response to "Plaintiffs" Joint Status Update" (Schoolman, Richard) (Entered: 04/07/2005)
Case reassigned to Judge Marilyn D. Go. Judge A. Simon Chrein no longer assigned to the case. (Bowens, Priscilla) (Entered: 04/11/2005)
13 RESPONSE in Opposition re 11 First MOTION to Compel (Amended) to provide certain records beyond the information already provided in this case filed by all defendants. (Attachments: # 1 Exhibit A- present and past policies for train operators and conductors# 2 Exhibit B- present and past policies for bus operators# 3 Exhibit C- present and past policies for station agents)(Schoolman, Richard) (Entered: 04/11/2005)
Email Test - DO NOT REPLY (Jackson, Ramona) (Entered: 04/13/2005)
14 UNSIGNED OTSC filed. (Jackson, Ramona) (Entered: 04/13/2005)
15 Minute Entry for status conference held before Marilyn D. Go on 4/12/2005. Appearances by counsel of record, Lonni Hart and Ally Hack. Discovery is consolidated in 03cv2139, 04cv2294, 04cv2331 and 04cv4237. The following new schedule shall govern: fact discovery must be completed by 8/31/05; plaintiffs' expert disclosures and reports are due 8/31/05 and defendants by 10/14/05. Expert discovery must be completed by 11/17/05. Rulings made on the record granting, in part, plaintiffs' letter request to compel discovery. The parties must be prepared to discuss settlement at the next conference and should call for an earlier conference if they feel such a conference would be productive. Any dispositive motions will be discussed at the next conference. Next conference scheduled for Sept 7, 2005 at 10:30 a.m. (Tape #ESR 05/39 519-4056.) (DeVeaux, Yvonne) (Entered: 04/13/2005)
16 Letter from Richard Schoolman to Hon. Marilyn Dolan Go Regarding letter motion regarding discovery. (Attachments: # 1 Exhibit A - letters from R. Schoolman to D. Embry and L. Hart# 2 Exhibit B - Complaint - USA v. MTA and NYCTA# 3 Exhibit C - letter from R. Schoolman to L. Hart)(Schoolman, Richard) (Entered: 04/25/2005)
17 Letter from Richard Schoolman to Honorable Marilyn D. Go, M.J. Regarding withdrawing discovery motion of April 25, 2005. (Schoolman, Richard) (Entered: 04/26/2005)
TRANSCRIPT of Civil Cause for a Conference Proceedings held on 4/12/05 before Judge Go. (Sica, Michele) (Entered: 05/10/2005)
Minute Entry for telephone discovery conference held before Marilyn D. Go on 5/18/2005. Appearances by Armani Scott, Richard Schoolman. The designated manager of defendant MTA may be present during attend the deposition of Gladys Muhammad, except during questioning concerning events in which he was a direct participant. (DeVeaux, Yvonne) (Entered: 05/18/2005)
18 MEMORANDUM in Opposition Objection to the Ruling of Magistrate Judge Go dated May 18, 2005 by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Schoolman, Richard) (Entered: 05/31/2005)
19 Letter from Richard Schoolman and Victor Levy to Hon. Sandra L. Townes Regarding Transit Authority in Futher Support of Objection to the Ruling of Magistrate Judge Go dated May 18, 2005. (Schoolman, Richard) (Entered: 06/09/2005)
20 Letter from Richard Schoolman, Esq. to Hon. Marilyn D. Go Regarding supplement to request for resolution discovery disputes. (Attachments: # 1 Exhibit Request for Resolution of Discovery Disputes (dated 7/5/2005))(Schoolman, Richard) (Entered: 07/08/2005)
21 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' July 5, 2005 Letter Motion. (Attachments: # 1 Exhibit Numbers 1 through 8)(Embrey, Diana) (Entered: 07/08/2005)
22 RESPONSE to Motion re 11 First MOTION to Compel (Amended) RESPONSE to Objection filed by all plaintiffs. (Hart, Lonnie) (Entered: 07/11/2005)
23 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding further support of Transit Authority's July 5, 2005 application for discovery order. (Attachments: # 1 Exhibit Declaration of Kathy Lynn Anderson (dated 3/11/2005))(Schoolman, Richard) (Entered: 07/14/2005)
24 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' July 14, 2005 Letter. (Attachments: # 1 Exhibit Numbers 1 through 3)(Embrey, Diana) (Entered: 07/15/2005)
25 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding adjustment of discovery schedule. (Schoolman, Richard) (Entered: 07/22/2005)
26 Letter from Diana Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' 7/14/05 letter. (Attachments: # 1)(Embrey, Diana) (Entered: 07/27/2005)
27 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Reply Letter to Judge Go re Adjustment of Discovery Schedule. (Schoolman, Richard) (Entered: 07/29/2005)

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08/15/2005 09/07/2005
09/14/2005 09/16/2005 09/19/2005 09/19/2005 09/26/2005 09/29/2005 09/30/2005
10/13/2005 10/13/2005 10/14/2005 10/14/2005 10/17/2005 10/17/2005 10/19/2005 10/24/2005 10/27/2005
11/03/2005
11/04/2005 11/04/2005 11/07/2005 11/09/2005
11/15/2005 11/15/2005 11/17/2005

28 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Supplemental Letter About Adjusment of Discovery Schedule (dated 8-15-05). (Attachments: # 1 Request for Pre Motion Conference to Discuss Defendant's Motion Dismiss (dated 8-12-05))(Schoolman, Richard) (Entered: 08/15/2005)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 9/7/2005. Appearances by counsel of record in the 4 consolidated cases. U.S. v. NYC Transit Auth., CV 04-4237 is designated the lead case in these cases consolidated for pretrial and discovery purposes. All submissions concerning joint pretrial and discovery matters, except in connection with pleadings, should be filed in the lead case. Fact discovery is extended to 12/15/05. Expert discovery is extended as follows: medical/psychological expert reports and disclosures of the individual plaintiffs served by 10/31/05 and defendants' rebuttal medical/psychological expert reports and disclosures served by 1/20/06; remaining reports and disclosures of plaintiffs' experts (liability and economic) served by 1/31/06 and defendants' remaining rebuttal expert reports and disclosures served by 3/31/06. The individual plaintiffs other than Lewis must give notice by 12/15/05 whether they intend to retain an economic expert. Plaintiff Lewis must provide defendants with a copy of the proposed amended or supplemental complaint by 9/13/05 and defendants must advise by 9/15/05 if they consent to such pleading. If not, Lewis must file a motion for leave to file by 9/19/05; opposing papers are due 9/26/05 and any reply by 9/30/05. The parties must be prepared to discuss settlement at the next conference scheduled for Sept. 27, 2005 at 11:00 a.m. (Tape #05/92 807-6118.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/07/2005)
29 Letter from Ally Hack to Judge Go Regarding Re-Scheduling of September 27, 2005 Settlement Conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/14/2005)
30 Letter from Omar T. Mohammedi to Judge Go Regarding Rhonda Moll's Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/16/2005)
31 Letter from Ally Hack to Judge Go Regarding Deadline for Motion for Leave to Amend the Complaint. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/19/2005)
ORDER re 31 Letter. The time for plaintiff Lewis to file a motion for leave to file an amended complaint is extended to 9/26/05; opposing papers are due 10/3/05 and any reply by 10/7/05. Counsel are reminded that future requests for extensions must comply with chambers rule 2E. Ordered by Judge Marilyn D. Go on 9/19/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/19/2005)
32 AMENDED COMPLAINT FIRST against all defendants, filed by Stephanie Lewis.(Hack, Ally) (Entered: 09/26/2005)
33 Letter from Victor Levy to Hon. Marily D. Go Regarding request for order to compel answers to interrogatories or to preclude evidence. (Attachments: # 1 Exhibit AInterrogatories Addressed to Plaintiff Malikah Alkebulan# 2 Errata B- Interrogatories Addressed to Plaintiff Deidre Small)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 09/29/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 9/29/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Oct. 19, 2005 at 3:30 p.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 09/30/2005)
34 Letter MOTION for Protective Order Enforcement and Extension by all plaintiffs. (Attachments: # 1 Exhibits 1 through 8# 2 Proposed Protective Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 10/13/2005)
35 TRANSCRIPT of Civil Cause for Conference held on 9/7/05 before Judge Marilyn D. Go. Court Reporter: Aria Transcriptions. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Black, Amanda) (Entered: 10/14/2005)
36 Letter from Plaintiffs to Judge Go Regarding Extension of time to file reply to Defendants' response. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Hack, Ally) (Entered: 10/14/2005)
37 Letter from Victor Levy to Hon. Marilyn D. Go Regarding request for adjournment of settlement conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/14/2005)
ORDER endorsed on 37 Letter. The next conference to discuss settlement is adjourned to Nov. 8, 2005 at 3:00 p.m. Ordered by Judge Marilyn D. Go on 10/17/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 10/17/2005)
ORDER endorsed on 36 Letter. The time for plaintiff Lewis to file reply papers is extended to 10/24/05. Ordered by Judge Marilyn D. Go on 10/17/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Go, Marilyn) (Entered: 10/17/2005)
38 Letter from Victor Levy to Hon. Marilyn D. Go Regarding Defendant's request for additional time to respond to Plaintiff's Joint Letter Motion dated 10/13/2005. (Attachments: # 1 letter to attorney Bhalla regarding speaking to station agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/19/2005)
39 AFFIDAVIT and Memorandum of Law supporting Motion for Leave to Amend the Complaint by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Hack, Ally) (Entered: 10/24/2005)
40 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding letter opposing plaintiff's motion "to enforce and to extend" prior order of M.J. Chrein. (Attachments: # 1 Exhibit 1- Wood's Deposition Transcipt pages 65-66# 2 Exhibit 2- DeGuzman Memo of 10/13/05# 3 Exhibit 3- Singh Memo of 10/13/05 & Bhalla Letter of 10/6/05# 4 Exhibit 4- Schoolman Letter of 10/8/05# 5 Exhibit 5- Singh Memo of 4/21/05)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 10/27/2005)
41 Letter from Richard Schoolman to M.J. Marilyn D. Go Regarding TA Motion to Compel US To Answer Interrogatories. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/03/2005)
42 Consent MOTION for Extension of Time to File Response/Reply as to 41 Letter, by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/04/2005)
ORDER granting 42 Motion for Extension of Time to File Response/Reply. Plaintiff's responses are due by 11/18/2005. Ordered by JudgeMarilyn D. Go on 11/4/05. (Go, Marilyn) (Entered: 11/04/2005)
43 REPLY to Response to Motion re 34 Letter MOTION for Protective Order Enforcement and Extension filed by all plaintiffs. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/07/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 11/8/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Nov. 22, 2005 at 1:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/09/2005)
44 Letter MOTION to Compel Substantive Answers to Interrogatories by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Levy, Victor) (Entered: 11/15/2005)
45 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding enclosing current uniform policy bulletins. (Attachments: # 1 Bulletins for Bus & Train Operators, Station Agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/15/2005)
46 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding United States' Opposition to Defendant's November 3, 2005 Motion to Compel. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/17/2005)

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11/22/2005
11/23/2005
11/28/2005 12/01/2005 12/02/2005 12/05/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/08/2005 12/09/2005 12/15/2005
12/15/2005 12/15/2005 12/15/2005 12/20/2005
01/09/2006
01/09/2006 01/10/2006 01/12/2006 01/12/2006 01/17/2006 01/17/2006
02/09/2006
02/13/2006

Minute Entry for Telephone Conference held before Marilyn D. Go on 11/22/2005 Appearances by counsel of record. Settlement is not possible at this time. Next conference scheduled for Dec. 16, 2005 at 11:00 a.m. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/22/2005)
47 Letter from Richard Schoolman to Hon. Marilyn D. Go. Regarding joint request for 28-Day extension of discovery and re-setting of conference currently scheduled for December 16, 2005. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/23/2005)
48 Letter from Richard Schoolman to Marilyn D. Go Regarding application to compel supplemental depositions of D. Small and M. Alkebulan. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 11/28/2005)
49 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Plaintiffs' Opposition to Defendant's November 28, 2005 Motion to Compel. (Attachments: # 1 Exhibits 1 through 3)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/01/2005)
50 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding Transit Authority reply in further support of its application to compel the supplemental depositions of Small and Alkebulan. (Attachments: # 1 Exhibit A# 2 Exhibit B)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 12/02/2005)
51 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding supplement to Schoolman's 11/23/05 letter presenting all-party application to extend discovery by 28 Days. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/05/2005)
52 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' December 5, 2005 Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
53 NOTICE by United States of America of Appearance for Reid A. Cox and Withdrawal of Louis Lopez and Shaarik H. Zafar Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
54 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding latest version of uniform policy for transit authority train operators. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/07/2005)
55 Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case" by New York City Transit Authority. (Attachments: # 1 Exhibit A- First Amended Complaint# 2 Exhibit B- Plaintiff's Objections & Responses to Defendant's Interrogatories & Plaintiff's Response to Defendant's Request for Production of Documents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/07/2005)
56 Consent MOTION for Extension of Time to File Response/Reply as to 55 Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case" by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/08/2005)
ORDER granting 56 Motion for Extension of Time to File Response/Reply. Plaintiffs' time to file a Response to 55 Letter MOTION to Compel Deposition of Kevin Harrington is extended to 12/16/2005. Ordered by JudgeMarilyn D. Go on 12/9/05. (Go, Marilyn) (Entered: 12/09/2005)
NOTICE: In the event of a transit strike, conferences will automatically be adjourned. However, if counsel are able to participate in person or by phone they should try to confer with all other attorneys and notify the Court (718-26-2550) that the conference can be held as scheduled. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 12/15/2005)
ORDER endorsed on 47 Letter. Discovery is extended to 1/12/06 and the next conference is adjourned to Jan. 13, 2006 at 11;30 a.m. Ordered by Judge Marilyn D. Go on 12/15/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 12/15/2005)
57 RESPONSE in Opposition re 55 Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case" filed by United States of America. (Attachments: # 1 Exhibit A)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/15/2005)
Email Notification Test - DO NOT REPLY (Lee, Tiffeny) (Entered: 12/15/2005)
58 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding reply in Further Support of Transit Authority Application to Compel Deposition of Kevin Harrington in His Own Case. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/20/2005)
ORDER endorsed on 48 Letter. This Court agrees with defendants' arguments that supplemental depositions of D. Small and M. Alkebulan are warranted. Limitations on the length and scope of the depositions, as well as all remaining discovery issues and the schedule for completion of remaining discovery, will be discussed at the next scheduled conference. Ordered by Judge Marilyn D. Go on 1/9/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 01/09/2006)
ORDER granting 55 Motion to Compel. This Court finds that a further deposition of Kevin Harrington is warranted. The scope and length of the deposition will be discussed at the next scheduled conference. Ordered by JudgeMarilyn D. Go on 1/9/06. (Go, Marilyn) (Entered: 01/09/2006)
59 NOTICE of Appearance by Rhonda J. Moll on behalf of New York Metropolitan Transportation Authority Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Moll, Rhonda) (Entered: 01/10/2006)
60 ORDER re 41 Letter, defendant's motion to compel is denied . Ordered by Judge Marilyn D. Go on 01/12/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Proujansky, Josh) (Entered: 01/12/2006)
61 ORDER granting 44 defendant's Motion to Compel. Ordered by JudgeMarilyn D. Go on 01/12/06. (Proujansky, Josh) (Entered: 01/12/2006)
Email Notification Test - DO NOT REPLY (Fernandez, Erica) (Entered: 01/17/2006)
Minute Entry for status conference held before Marilyn D. Go on 1/13/2006. Appearances by counsel of record. Fact discovery is extended to 4/17/06. Discussion and rulings made on the record on the scope of the re-examination of some of the plaintiffs. The parties must file a status report by April 10, 2006 regarding a proposed schedule and whether there are issues to need to be discussed at conference at the end of fact discovery. All counsel consented to consolidation of Singh v. NYC Transit Authority, CV 2005-5477 for discovery purposes with this action. (Tape #ESR 06/03 614-1294.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 01/17/2006)
62 REPORT AND RECOMMENDATIONS re 32 Amended Complaint filed by Stephanie Lewis. I recommend that plaintiff's motion to amend be granted in large part and that she be directed to file an amended complaint containing all her proposed claims except for Title VII claims against Bonnie Bellamay and the three other proposed individual defendants. Objections to R&R due by 2/27/2006. Ordered by Judge Marilyn D. Go on 02/09/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 02/09/2006)
63 Letter MOTION to Dismiss Application for Relief for Failure of Plaintiff's Small and Alkebulan to Respond to Interrrogatories as Directed by This Court's Order of January 12, 2006 by New York City Transit Authority. (Attachments: # 1 Order Directing Plaintiffs to Answer Interrogatories)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Levy, Victor) (Entered: 02/13/2006)

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02/17/2006
02/23/2006 02/27/2006 03/01/2006 03/08/2006 03/10/2006
03/13/2006
03/13/2006 03/15/2006 03/20/2006 03/22/2006
03/23/2006 03/27/2006
03/30/2006 03/31/2006
03/31/2006
04/03/2006 04/04/2006 04/04/2006 04/05/2006 04/07/2006 04/10/2006 04/10/2006 04/11/2006 04/13/2006

64 Letter TA's Reply in Further Support of it's application for Relief for Ms. Small's and Ms. Alkebulan's Failure to Answer Certain Interrogatories by New York City Transit Authority by New York City Transit Authority. (Attachments: # 1 Small's Answer to Defendant's Interrogatories)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 02/17/2006)
65 TRANSCRIPT of Proceedings held on Jan 13,2006 before Judge Go. Court Reporter: Elizabeth Barrone. A (Entered: 02/23/2006)
66 Letter Supplemental Reply in Support of Transit Authority Application Concerning Continuing Failure of Plaintiff's Small and Alkebulan to Answer Interrogatories by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 02/27/2006)
67 Letter Regarding Transit Authority's Letters Dated February 13, 17 & 27, 2006 by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Embrey, Diana) (Entered: 03/01/2006)
68 Letter Continuing Failure of Ms. Small and Ms. Alkebulan to Answer Interrogatories by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 03/08/2006)
69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/10/2006)
70 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/13/2006)
ORDER granting 70 Motion for Extension of Time to File Response/Reply. Plaintiff's response to 69 Letter MOTION for Protective Order is due by 3/22/2006. Ordered by JudgeMarilyn D. Go on 3/13/06. (Go, Marilyn) (Entered: 03/13/2006)
71 Letter Re: Plaintiffs continue failure to answer interrogatories by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 03/15/2006)
72 Letter Response to Plaintiff's Attorney's Letter of March 16, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 03/20/2006)
73 RESPONSE in Opposition re 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz filed by United States of America. (Attachments: # 1 Exhibits A through D)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/22/2006)
74 AMENDED COMPLAINT First against all defendants, filed by Stephanie Lewis.(Hack, Ally) (Entered: 03/23/2006)
75 REPLY in Support Further of Application for Protective Order (and to Quash Subpoenas) to Prevent Depositions of Two More Transit Authority Officials by New York City Transit Authority. (Attachments: # 1 Exhibit 1)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/27/2006)
76 Letter re Discovery Disputes by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 03/30/2006)
77 Letter Reply to Defendants' March 27, 2006 Reply in Further Support of Application for Protective Order (and to Quash Subpoenas) to Prevent Depositions of Two More Transit Authority Officials by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/31/2006)
78 Letter concerning Transit Authority Application for Order Precluding Depositions of Transit Authority Officials Fleuranges and Berkowitz by New York Metropolitan Transportation Authority, New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/31/2006)
79 Letter to Judge Dolan Go re: Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/03/2006)
80 Letter to Judge Dolan Go re: Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/04/2006)
81 ANSWER to Amended Complaint by New York City Transit Authority.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/04/2006)
82 Letter re: discovery disputes by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 04/05/2006)
83 Letter to Judge Dolan Go regarding Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/07/2006)
84 STATUS REPORT by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/10/2006)
85 STATUS REPORT of All Plaintiffs by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/10/2006)
86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes by United States of America. (Attachments: # 1 Exhibits 1 through 12)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/11/2006)
87 STATUS REPORT Supplemental To Status Report Dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/13/2006)

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04/17/2006

88 RESPONSE in Opposition re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/17/2006)

04/17/2006

89 Letter Regarding Correction to Defendants' April 13,2006 Supplement to Status Report by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/17/2006)

04/18/2006

90 RESPONSE in Support re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. (Attachments: # 1 Exhibits A - C)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/18/2006)

04/19/2006 91 ORDER granting in part and denying in part 34 Motion for Protective Order. Plaintiffs' application is granted only as to extension of the Protective Order to the named plaintiffs in Singh and denied in all other respects. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)

04/19/2006

92 REPLY in Support of Supplement to Defendant's Status Report dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/19/2006)

04/19/2006 93 ORDER granting 63 Motion for sanctions, denying 69 Motion for Protective Order, granting [45 in 04-CV-2331] motion to compel and extending discovery as set forth in order. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)

05/01/2006

94 NOTICE by United States of America of Appearance for Victor D. Quintanilla Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 05/01/2006)

05/05/2006 95 REPLY in Opposition to Small Plaintiff's Motion for Reconsideration of Order Imposing Sanctions by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 05/05/2006)

05/09/2006

96 ORDER denying [ct. doc. 121 in 03-CV-2139] Small plaintiffs' motion for reconsideration. The parties are reminded that all documents must be filed in the lead case and the entry spread to any other action involved . Ordered by Judge Marilyn D. Go on 05/09/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 05/09/2006)

05/10/2006

ORDER: A conference will be held on May 16, 2006 at 11:00 a.m. to discuss plaintiffs' April 11, 2006 motion to compel (ct. doc. 86). The parties may appear by telephone if they notify chambers in advance and arrange the conference call. Ordered by Judge Marilyn D. Go on 05/10/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 05/10/2006)

05/11/2006

97 Letter to Magistrate Judge Go re: Consent Adjournment of May 16, 2006 Conference to May 19, 2006 at 11:00 a.m. by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 05/11/2006)

05/22/2006

Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 5/22/2006. Appearances by Diana Embry, Omar Mohammedi and Ravinder Bhalla (by tel), Kevin Satterfield, Richard Schoolman. Oral argument heard. Plaintiff's motion to compel is granted as to the notes of Sidberry and denied without prejudice as to the documents withheld on privilege grounds. Defendants must supplement their privilege log and provide the notes by 5/26/06. The court will entertain a renewed motion to compel provided the parties confer in good faith. (Tape #ESR 06/12 4581-6540.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)

05/22/2006

SCHEDULING ORDER: In light of the rulings made at the conference on 5/19/06, fact discovery is further extended to 6/22/06. The next conference will be held on 6/23/2006 at 11:00 AM. Ordered by Judge Marilyn D. Go on 5/22/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)

05/23/2006 98 Second MOTION to Compel Defendants to Answer Plaintiff's Third and Fourth Supplemental Demands and Expert Documents Request by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Mohammedi, Omar) (Entered: 05/23/2006)

05/23/2006

99 AMENDED DOCUMENT by Stephanie Lewis. Amendment to 98 Second MOTION to Compel Defendants to Answer Plaintiff's Third and Fourth Supplemental Demands and Expert Documents Request to Add Missing Exhibits E, F and G. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Mohammedi, Omar) (Entered: 05/23/2006)

05/26/2006 100 Letter to Judge Dolan Go by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 05/26/2006)

06/01/2006

NOTICE: The conference scheduled for June 23, 2006 will be held at 11:30 a.m. instead of 11:00 a.m. The parties should confirm this time change with each other. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/01/2006)

06/06/2006 101 Letter dated June 6, 2006, to Judge Dolan Go by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 06/06/2006)

06/06/2006

ORDER: A telephone conference will be held on 6/9/06 at 1:45 p.m. to discuss 99 plaintiff Lewis' motion to compel. Only the parties in Lewis v. NYCTA, 04-2331 need participate in the conference. Ordered by Judge Marilyn D. Go on 06/06/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Proujansky, Josh) (Entered: 06/06/2006)

06/20/2006 102 MOTION for Protective Order Enforcement by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/20/2006)

06/20/2006

Email Notification Test - DO NOT REPLY (Jackson, Ramona) (Entered: 06/20/2006)

06/22/2006 103 Letter MOTION for Extension of Time to File Response/Reply as to 102 MOTION for Protective Order Enforcement by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 06/22/2006)

06/22/2006 104 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) by United States of America. (Attachments: # 1 Exhibits 1 through 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/22/2006)

06/22/2006

ORDER granting 103 Motion for Extension of Time. Defendants' Response to 102 MOTION for Protective Order must be filed and faxed to the Court by 4:30 p.m. on 6/28/2006. Ordered by JudgeMarilyn D. Go on 6/22/06. (Go, Marilyn) (Entered: 06/22/2006)

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06/23/2006

105 Minute Entry: Status Conference held on 6/23/2006 before MJ Marilyn D. Go. Appearances by counsel of record in all cases. Fact discovery is extended to 8/16/06 and expert discovery is extended to 9/29/06. If the parties are unable to resolve the issue raised in plaintiff's motion for a protective order, defendants response is due 7/7/06 and any reply is due 7/13/06. Defendants' opposition to plaintiff's motion to compel documents asserted to be privileged must be faxed by 6/28/06 and any reply is due 7/6/06. Defendants must provide copies of the disputed documents to the Court for in camera review. Plaintiff Lewis must serve her narrowed interrogatories by 6/30/06 and is warned that she must prompt attempt to resolve and disputes and move to compel, if necessary. Plaintiff U.S. must move to compel by 7/17/06 as to any other unresolved discovery issue and a response is due 7/21/06. Next conference scheduled for Oct. 4, 2006 at 10:30 a.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/23/2006)

06/23/2006

Motions terminated per minute entry dated 5/22/06: 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 06/23/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 06/23/2006)

06/28/2006

106 RESPONSE in Opposition re 104 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) filed by New York City Transit Authority. (Attachments: # 1 Exhibit A-Declaration of Hyland# 2 Exhibit B-Declaration of Sinclair# 3 Exhibit C-Declaration of Schoolman)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 06/28/2006)

07/06/2006

107 RESPONSE in Support re 104 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) filed by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/06/2006)

07/07/2006 108 RESPONSE in Opposition re 102 MOTION for Protective Order Enforcement filed by New York City Transit Authority. (Attachments: # 1 Exhibit A- RTO Bulletin 66-06# 2 Exhibit B- Release to Use Photograph on MTA NYCTA Materials)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 07/07/2006)

07/13/2006 109 RESPONSE in Support re 102 MOTION for Protective Order Enforcement filed by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/13/2006)

07/14/2006 110 Letter Settlement Idea in the Reply in Further Support of Trilok Arora Photograph Motion by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 07/14/2006)

07/18/2006 111 Letter to Magistrate Judge Go in Response to Defendant's July 14, 2006 Letter by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/18/2006)

08/16/2006

112 Letter Request for Pre-Motion Conference about a Motion to Dismiss MTA as a Defendant by New York Metropolitan Transportation Authority, New York City Transit Authority. (Attachments: # 1 Exhibit Draft of Rule 56.1# 2 Exhibit Complaint)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 08/16/2006)

08/21/2006

113 Letter from Diana Embrey to Magistrate Judge Marilyn D. Go re: Joint Request for a Referral to Mediation by New York Metropolitan Transportation Authority, New York City Transit Authority, United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 08/21/2006)

08/21/2006

ORDER: This Court grants the joint request of the parties to refer this action to Mediation. To the extent practicable, the ADR Administrator is requested to appoint a mediator by 9/6/2006 from the list of mediators proposed by the parties in the Letter from Diana Embrey filed on 8/21/06 113. Ordered by Judge Marilyn D. Go on 8/21/06. Ordered by Judge Marilyn D. Go on 8/21/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 08/21/2006)

08/24/2006 114 Consent MOTION for Extension of Time to File Response/Reply as to 112 Letter, by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 08/24/2006)

08/30/2006 115 ORDER granting 114 Motion for Extension of Time to File Response/Reply. the plaintiff United States must file its response to the defendants' request for Pre Motion Conference about a Motion to Dismiss MTA as a defendant on or before 09-7-06 . Ordered by JudgeSandra L. Townes on 8/25/06. (Sica, Michele) (Entered: 08/30/2006)

09/06/2006

116 SELECTION OF MEDIATOR Ruth D. Raisfeld rep by Ruth Debra Raisfeld selected as Mediator. The first mediation session will begin at 10:00AM on October 10, 2006 in the Courthouse of the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY. The session will take place in Conference Room 302 South. October 19, 2006 is the backup date if a further or alternative session is required. Plaintiff's Counsel shall initiate a pre-mediation conference telephone call on 9/13/06 at 12:00pm Noon among all counsel and the mediator. On or before 10/3/06, Counsel shall file with the Mediator their client's mediation statement summarizing facts, legal issues, prior settlement discussions, and the name and title of the client representative who will attend the mediation session in person. Attendance in person is required of the trial attorney and client representative with full settlement authority. The Confidentiality Stipulation which is attached will be signed at the mediation session by all participants and the mediator and returned to the ADR Administrator, Gerald P. Lepp. Contact information for the mediator is: Ruth D. Raisfeld, PC, 47 Secor Road, Scarsdale, NY 10583; telephone (914) 722-6006; fax (914) 722-0678; email "rraisfeld@rdr.com".Report of Mediation due by 10/24/2006.(Lepp, Gerald) (Entered: 09/06/2006)

09/07/2006

CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdadr@optonline.net".(Lepp, Gerald) (Entered: 09/07/2006)

09/07/2006

SECOND CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdradr@optonline.net". Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Lee, Tiffeny) (Entered: 09/07/2006)

09/07/2006

117 Letter to Judge Sandra L. Townes from Diana L. Embrey re: Response to Defendants' Request for Pre-Motion Conference by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 09/07/2006)

09/11/2006 118 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Mediation Clarification by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 09/11/2006)

09/11/2006

ORDER endorsed on 118 Letter filed by United States of America. The order of referral to mediation is clarified as set forth in the letter. Ordered by Judge Marilyn D. Go on 9/11/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 09/11/2006)

10/04/2006

Minute Entry for status conference held before Marilyn D. Go on 10/4/2006. Appearances by counsel of record. Discovery is completed except for deposition of Dr. McLeod, the expert of some individual plaintiffs. Depositions must be conducted by 10/27/06. Counsel for the individual plaintiffs advised that a successful mediation of action brought by the federal plaintiff may also result in resolution of the actions by other plaintiffs. Next conference scheduled for Nov. 9, 2006 at 2:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 10/04/2006)

10/06/2006 119 AMENDED ANSWER to Complaint dated June 21, 2004 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02294-SLT-MDG(Schoolman, Richard) (Entered: 10/06/2006)

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11/01/2006 120 Letter MOTION for Discovery For Resolution of Expert Fees by New York City Transit Authority. (Attachments: # 1 Exhibit 1-10)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 11/01/2006)

11/06/2006

121 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Change in Date for Mediation and Request to Reschedule Post-Mediation Telephone Status Conference by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 11/06/2006)

11/06/2006

ORDER endorsed on 121 Letter filed by United States of America. The next conference is adjourned to Dec. 21, 2006 at 10:00 a.m. Ordered by Judge Marilyn D. Go on 11/6/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 11/06/2006)

11/07/2006 122 RESPONSE to Motion re 120 Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibits 1-5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 11/07/2006)

11/07/2006

123 MEDIATION INSTRUCTIONS sent to Counsel.The first mediation session will begin has been rescheduled to 12/19/2006. On or before 12/12/2006, Counsel shall file with the mediator their client's mediation statement summarizing facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial counsel, insurance adjustor, and client representative with full settlement authority. The Confidentiality Stipulation which is attached will be signed at the mediation session by all participants and the mediator and then returned to the ADR Administrator, Gerald P. Lepp, fax (718) 613-2399. (Hawa, Nancy) Modified on 11/7/2006 (Hawa, Nancy). Modified on 11/7/2006 (Hawa, Nancy). (Entered: 11/07/2006)

11/07/2006 124 REPLY to Response to Motion re 120 Letter MOTION for Discovery For Resolution of Expert Fees filed by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 11/07/2006)

11/10/2006

125 REPLY to Response to Motion re 120 Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibit 1)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Mohammedi, Omar) (Entered: 11/10/2006)

12/20/2006 126 REPORT of Mediation UNSETTLED One mediation session was held but the case did not settle.Attorney Questionnaires now due by 1/3/2007.(Lepp, Gerald) (Entered: 12/20/2006)

12/21/2006

Minute Entry: Telephone Conference held on 12/21/2006 before MJ Marilyn D. Go. Appearances by Diane Embry, Amardeep Singh Balla, Richard Schoolman. The parties urged in settlement discussions to reconsider their positions and to schedule a further conference. Letters requesting a pre-motion conference must be filed by 1/19/07 and any response must be filed by 1/26/07. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Capobianco, Jean) (Entered: 12/21/2006)

12/29/2006

127 ORDER granting in part and denying in part (128) Motion to Compel in case 1:03-cv-02139-SLT-MDG; granting in part and denying in part (65) Motion to Compel in case 1:04-cv-02294-SLT-MDG; granting in part and denying in part (79) Motion to Compel in case 1:04-cv-02331-SLT-MDG; granting in part and denying in part (104) Motion to Compel in case 1:04-cv-04237-SLT-MDG; granting in part and denying in part (54) Motion to Compel in case 1:05-cv-03341-SLT-MDG; granting in part and denying in part (27) Motion to Compel in case 1:05-cv-05477-SLT-MDG. Ordered by Judge Marilyn D. Go on 12/29/06. (Proujansky, Josh) (Entered: 12/29/2006)

01/18/2007 128 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre-Motion Conference Letters to Judge Townes, and the Replies to Such Letters by all defendants. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 01/18/2007)

01/18/2007

ORDER granting (128) Motion for Extension of Time to File in 04-4236; (39) in 1:05-cv-05477-SLT-MDG. The time for filing pre-motion conference letters is extended to 2/2/07. Any response must be filed by 2/23/07. Ordered by Judge Marilyn D. Go on 1/18/07. (Go, Marilyn) (Entered: 01/18/2007)

01/25/2007 129 NOTICE of Change of Address by Omar T. Mohammedi (Mohammedi, Omar) (Entered: 01/25/2007)

01/30/2007

Motions terminated: 98 Second MOTION to Compel Defendants to Answer Plaintiff's Third and Fourth Supplemental Demands and Expert Documents Request filed by Stephanie Lewis. **See 06/13/06 Minute Entry in 04CV2331** Ordered by Judge Marilyn D. Go on 06/13/06. (Frullo, Veronica) (Entered: 01/30/2007)

02/01/2007 130 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 02/01/2007)

02/02/2007 131 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 02/02/2007)

02/02/2007 132 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:04-cv-02294-SLT-MDG (Schoolman, Richard) (Entered: 02/02/2007)

02/02/2007 133 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG (Schoolman, Richard) (Entered: 02/02/2007)

02/02/2007 134 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-05477-SLT-MDG (Bhatt, Kavita) (Entered: 02/02/2007)

02/02/2007 135 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion with attached Draft of Rule 56.1 Statement by all defendants. (Moll, Rhonda) (Entered: 02/02/2007)

02/06/2007 136 TRANSCRIPT of Civil Cause for Conference held on 5/22/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)

02/06/2007 137 TRANSCRIPT of Civil Cause for Conference held on 6/23/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)

02/08/2007 138 Letter re: Unopposed Request for Permission to Take Expert Deposition of Dr. Thomas Hollman by United States of America (Embrey, Diana) (Entered: 02/08/2007)

02/08/2007

ORDER endorsed on 138 Letter filed by United States of America. This unopposed request for permission to take the deposition of Dr. Thomas Hollman by 3/30/07 is granted. Ordered by Judge Marilyn D. Go on 2/8/07. (Go, Marilyn) (Entered: 02/08/2007)

02/08/2007 139 Letter Correction of Typographical Error in Pre-Motion Conference Request Letter by New York City Transit Authority, New York City Transit Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG, 1:04-cv-02294-SLT-MDG, 1:04-cv-02331-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 02/08/2007)

02/14/2007 140 Consent MOTION for Extension of Time to File Response/Reply of Plaintiffs' to Defendants' Requests for a Pre-Motion Conference in Related Cases Pending Pre-Motion Conference in Lead Case by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 02/14/2007)

02/16/2007 141 Consent MOTION for Extension of Time to File Response/Reply as to 130 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by United States of America. (Embrey, Diana) (Entered: 02/16/2007)

03/09/2007 142 RESPONSE to Motion re (64 in 1:05-cv-03341-SLT-MDG, 130 in 1:04-cv-04237-SLT-MDG, 140 in 1:03-cv-02139-SLT-MDG, 77 in 1:04-cv-02294-SLT-MDG, 40 in 1:05-cv-05477-SLT-MDG, 92 in 1:04-cv-02331-SLT-MDG) MOTION for Hearing filed by United States of America. (Attachments: # 1 Response to TA's Draft Rule 56.1 Statement of Facts) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 03/09/2007)

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03/31/2007 143 ORDER denying (102) Motion for Protective Order in case 1:04-cv-04237-SLT-MDG; denying (24) Motion for Protective Order in case 1:05-cv-05477-SLT-MDG. Ordered by JudgeMarilyn D. Go on 3/31/07. (Go, Marilyn) (Entered: 03/31/2007)

04/24/2007 144 SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel who will try the case appear for a Pre-motion Conference on June 27, 2007 at 10:00am before the Honorable Sandra L. Townes, U.S.D.J. Ordered by Judge Sandra L. Townes on 04/24/07. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Frullo, Veronica) (Entered: 04/24/2007)

06/13/2007

Motions terminated: 128 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre-Motion Conference Letters to Judge Townes, and the Replies to Such Letters filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino.**See Order by Judge Marilyn D. Go on 01/18/07.** (Frullo, Veronica) (Entered: 06/13/2007)

06/13/2007

Motions terminated: 131 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion filed by Lawrence G. Reuter, Corporate John Does 1-5, John Does 1-10, New York City Transit Authority, New York Metropolitan Transportation Authority, 132 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion filed by New York City Transit Authority, New York Metropolitan Transportation Authority, 133 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion filed by New York City Transit Authority, New York Metropolitan Transportation Authority, 135 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion with attached Draft of Rule 56.1 Statement filed by New York City Transit Authority, New York Metropolitan Transportation Authority, 134 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion filed by Corporate John Does 1-5, John Does 1-10, New York City Transit Authority, New York Metropolitan Transportation Authority, 130 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino.**See Order by Judge Sandra L. Townes on 04/24/07.** (Frullo, Veronica) (Entered: 06/13/2007)

06/22/2007 145 ORDER granting (120) Motion for Discovery in case 1:04-cv-04237-SLT-MDG [(84) Motion for Discovery in case 1:04-cv-02331-SLT-MDG] and (122) letter response and request for discovery in case 1:04-cv-04237-SLT-MDG [(87) letter response in case 1:04-cv-02331-SLT-MDG] to the extent set forth in order. Ordered by Judge Marilyn D. Go on 6/22/07. (Go, Marilyn) (Entered: 06/22/2007)

06/27/2007 146 Minute Entry for proceedings held before Hon. Sandra L. Townes: Pre Motion Conference held on 6/27/2007. AUSA Diana Embrey; Defense counsel for all sides present. Plaintiff to file pre-motion letter by 7/6/2007, response due 7/20/07. (Court Reporter Fred Guerino.) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Clarke, Melonie) (Entered: 06/28/2007)

07/05/2007 147 Letter to Hon. Judge Townes from Richard Schoolman re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 07/05/2007)

07/05/2007 148 Letter to Hon Judge Townes from Rhonda Moll re: Defendant's Supplement to Its Pre-Motion Conference Letter of February 2, 2007 by New York Metropolitan Transportation Authority, New York City Transit Authority (Schoolman, Richard) (Entered: 07/05/2007)

07/06/2007 149 Letter to Hon. Townes from Richard Schoolman re: Defendant's Supplemental Letter on Its Proposed Summary Judgment Motion (Small) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)

07/06/2007 150 Letter to Hon. Townes from Kavita K. Bhatt re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion (Singh) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-05477-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)

07/06/2007 151 Letter to Hon. Townes from Richard Schoolman re: Defendant's Supplemental Letter on Its Proposed Summary Judgment Motion (Harrington) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)

07/06/2007 152 Letter to Hon. Townes from Richard Schoolman re: Defendant's Supplemental Letter on Its Proposed Summary Judgment Motion(Muhammad) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:04-cv-02294-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)

07/09/2007 153 NOTICE by United States of America of Appearance for Elizabeth A. Speck and Withdrawal of Victor D. Quintanilla (Speck, Elizabeth) (Entered: 07/09/2007)

07/16/2007 154 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Requests for a Pre-Motion Conference on Defendants' Summary Judgment Motions by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 07/16/2007)

07/16/2007

Email Notification Test - DO NOT REPLY (Lee, Tiffeny) (Entered: 07/16/2007)

08/03/2007 155 Letter from Diana L. Embrey to Honorable Sandra L. Townes re: Plaintiff United States' Response to Defendants' July 5, 2007 Clarification of its February 1, 2007 Request for a Pre-Motion Conference on its Summary Judgment Motion by United States of America Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 08/03/2007)

08/07/2007 156 Letter to Hon. Townes re: Defendant's comment on coverage of summary judgment motion by New York Metropolitan Transportation Authority, New York City Transit Authority, New York Metropolitan Transportation Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-03341-SLT-MDG, 1:05-cv-05477-SLT-MDG (Schoolman, Richard) (Entered: 08/07/2007)

08/09/2007 157 NOTICE by United States of America of Withdrawal of Sonya A. Rao (Embrey, Diana) (Entered: 08/09/2007)

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U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:04-cv-02294-SLT-MDG

CONSOLIDATED

Muhammad v. New York City Transit Authority Assigned to: Judge Sandra L. Townes Referred to: Magistrate-Judge Marilyn D. Go Lead case: 1:04-cv-04237-SLT-MDG Member case: (View Member Case) Cause: 42:2000e Job Discrimination (Employment) Plaintiff Gladys Muhammad also known as Gladys Wilson
V. Defendant New York City Transit Authority

Date Filed: 06/03/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Armani B. Scott Scott, Mason-Kinsey & Hart, LLP 55 Washington Street Suite 655 Brooklyn, NY 11201 (718)852-7000 Fax: (718)852-3302 Email: abscottlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Schoolman New York Transit Authority Law Dept. 130 Livingston Street 12th floor Brooklyn, NY 11201 (718)694-4667 Fax: 718-694-5727 Email: Richard.Schoolman@nyct.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed #

Docket Text

06/03/2004 06/03/2004 06/21/2004 06/21/2004 06/23/2004 07/20/2004 11/09/2004 11/18/2004 11/22/2004 11/22/2004 11/24/2004
11/29/2004 12/07/2004 12/09/2004 12/10/2004 12/13/2004
01/05/2005
03/04/2005

1 COMPLAINT against New York City Transit Authority filing fee $ 150, receipt number 294896, filed by Gladys Muhammad. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 06/04/2004)
Summons Issued as to New York City Transit Authority. (Villanueva, William) (Entered: 06/04/2004)
3 AMENDED COMPLAINT against New York City Transit Authority, filed by Gladys Muhammad.(Chee, Alvin) (Entered: 06/28/2004)
4 SUMMONS Returned Executed by Gladys Muhammad. New York City Transit Authority served on 6/8/2004, answer due 6/28/2004. (Chee, Alvin) (Entered: 06/30/2004)
2 ORDER endorsed on letter dated 6/17/04 from Richard Schoolman, Esq. to MJ Chrein: Application granted extending time until 7/19/04 for deft to answer complaint. Signed by Judge A. Simon Chrein on 6/18/04. (Chee, Alvin) (Entered: 06/23/2004)
5 Letter dated 7/19/04 from Richard Schoolman, Esq. to Hon. Raymond J. Dearie requesting a pre-motion conference for deft to file a motion to dismiss significant portions of the amended complaint. (Chee, Alvin) (Entered: 07/22/2004)
Case Reassigned to Judge Sandra L. Townes. Judge Raymond J. Dearie no longer assigned to the case. (Brown, Marc) (Entered: 11/09/2004)
8 Letter dated 11/18/04 from Lonnie Hart, Esq. to MJ Chrein informing the Court as to the questionable tactics of deft regarding the protective order. (Chee, Alvin) (Entered: 12/02/2004)
9 Letter dated 11/22/04 from F. Alan Pastore, Secretary to MJ Chrein, to all counsel providing notice that a conference has been scheduled for 12/7/04 at 4 PM.(Chee, Alvin) (Entered: 12/02/2004)
10 Letter dated 11/23/04 from Richard Schoolman, Esq. to MJ Chrein responding to plaintiff's letter dated 11/18/04 regarding the protective order. (Chee, Alvin) (Entered: 12/02/2004)
6 Letter from Richard Schoolman, Esq. to Hon. Sandra L Townes Regarding re-stating request (found in 7.19.04 letter to Hon. Raymond J. Dearie) for a pre-motion conference for deft. to file a Rule 12(b) motion to dismiss significant portions of the amended complaint.. (Attachments: # 1 Letter to Hon. Raymond J. Dearie (dtd. 7.19.04) w/attached amended complaint)(Schoolman, Richard) (Entered: 11/24/2004)
7 ORDER after reexamining this issue, to leave the protective order as drawn in place.. Signed by Judge A. Simon Chrein on 11/16/04. (Jackson, Ramona) (Entered: 11/29/2004) . (Entered: 11/29/2004)
11 Letter dated 12/3/04 from Richard Schoolman to Magistrate Chrein. (Guzzi, Roseann) (Entered: 12/07/2004)
12 SCHEDULING ORDER: A pre-motion conference is set for January 5, 2005 at 10:30 before the Honorable Sandra L. Townes, U.S.D.J. **SEE ORDER** (Frullo, Veronica) (Entered: 12/09/2004)
13 NOTICE of Appearance by Richard Schoolman on behalf of New York City Transit Authority (Schoolman, Richard) (Entered: 12/10/2004)
14 ORDER re Letter from defendant's counsel, Richard Schoolman, Esq. dated 12/13/04: I am inclined to grant the defendant's request in its entirety, but will defer acting on it until I have had an opportunity to hear from Ms. Small's counsel. Any objection to any facet of this Order is to reach me no later than 12/20/04, and must be in writing. If I receive a response that requires that I consider a responsive submission from the plaintiffs, I will set the date for the responsive submissions in a follow-up Order. If I dont not receive a timely response, I will sign an order submitted by the defendant, granting the relief sought herein. Signed by Judge A. Simon Chrein on 12/13/04. (Black, Amanda) (Entered: 12/14/2004)
Minute Entry for proceedings held before Sandra L. Townes : Pre Motion Conference held on 1/5/2005. Armani Scott and Lonnie Hart, Jr. present for the pltff. Richard Schoolman present for the deft. Deft is granted leave to file a motion to dismiss portions of the complaint. Motion Schedule: motion is to be served upon the pltff by 01/28/05; pltff's response is due 02/18/05; deft's reply is due 03/04/05; and, motion is to be filed by 03/07/05. (Court Reporter Shelly Silverman.) (Frullo, Veronica) (Entered: 01/05/2005)
15 MOTION to Dismiss four "claims" of Plaintiff's Amended Complaint by New York City Transit Authority. (Attachments: # 1 Declaration of Richard Schoolman# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Schoolman, Richard) (Entered: 03/04/2005)

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03/04/2005 03/04/2005 03/04/2005 03/04/2005 03/07/2005 04/07/2005 04/11/2005 04/11/2005 04/13/2005
05/09/2005 07/22/2005 07/29/2005 08/15/2005 09/07/2005
09/14/2005 09/16/2005 09/19/2005 09/19/2005 09/30/2005
10/13/2005 10/14/2005 10/17/2005 10/17/2005 10/19/2005 10/27/2005
11/04/2005 11/04/2005 11/07/2005

16 MEMORANDUM in Support re 15 MOTION to Dismiss four "claims" of Plaintiff's Amended Complaint by New York City Transit Authority. (Schoolman, Richard) (Entered: 03/04/2005)
17 MEMORANDUM in Opposition re 15 MOTION to Dismiss four "claims" of Plaintiff's Amended Complaint by Gladys Muhammad. (Attachments: # 1 Exhibits A-G of Plaintiff's Memorandum of Law in Opposition to Defendant's Motion will be filed with the Court in Hard Copy)(Schoolman, Richard) (Entered: 03/04/2005)
18 REPLY in Support re 15 MOTION to Dismiss four "claims" of Plaintiff's Amended Complaint by New York City Transit Authority. (Schoolman, Richard) (Entered: 03/04/2005)
19 AFFIDAVIT of Service for Defendant's Motion to Dismiss Four "Claims" of Plaintiff's Amended Complaint, Memorandum of Law in Support of Defendant's Motion to Dismiss and Reply Memorandum in Support of Defendant's Motion to Dismiss served on Armanni B. Scott, Esq. on February 18, 2005 and March 4, 2005, filed by New York City Transit Authority. (Schoolman, Richard) (Entered: 03/04/2005)
20 ORDER: An initial conference will be held in the above case on April 12, 2005 at 11:00 a.m. as per attached order.Signed by Judge Marilyn D. Go on 03/07/05. (DeVeaux, Yvonne) (Entered: 03/07/2005)
21 NOTICE by New York City Transit Authority Defendants' Response to "Plaintiffs' Joint Status Update" (Schoolman, Richard) (Entered: 04/07/2005)
Case reassigned to Judge Steven M. Gold. Judge A. Simon Chrein no longer assigned to the case. (Bowens, Priscilla) (Entered: 04/11/2005)
Per the e-mail from MJ Go's chambers: Mag. Judge Marilyn D. Go, who is assigned to the earlier case 03-cv-2139, added. Mag. Judge Steven M. Gold no longer assigned to case. (Vaughn, Terry) (Entered: 04/11/2005)
22 Minute Entry for status conference held before Marilyn D. Go on 4/12/2005. Appearances by counsel of record, Lonni Hart and Ally Hack. Discovery is consolidated in 03cv2139, 04cv2294, 04cv2331 and 04cv4237. The following new schedule shall govern: fact discovery must be completed by 8/31/05; plaintiffs' expert disclosures and reports are due 8/31/05 and defendants by 10/14/05. Expert discovery must be completed by 11/17/05. Rulings made on the record granting, in part, plaintiffs' letter request to compel discovery. The parties must be prepared to discuss settlement at the next conference and should call for an earlier conference if they feel such a conference would be productive. Any dispositive motions will be discussed at the next conference. Next conference scheduled for Sept 7, 2005 at 10:30 a.m. (Tape #ESR 05/39 519-4056.) (DeVeaux, Yvonne) (Entered: 04/13/2005)
TRANSCRIPT of Civil Cause for Conference Proceedings held on 4/12/05 before Judge Go. (Sica, Michele) (Entered: 05/10/2005)
23 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding adjustment of discovery schedule. (Schoolman, Richard) (Entered: 07/22/2005)
24 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Reply Letter to Judge Go re Adjustment of Discovery Schedule. (Schoolman, Richard) (Entered: 07/29/2005)
25 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Supplemental Letter About Adjusment of Discovery Schedule (dated 8-15-05). (Attachments: # 1 Request for Pre Motion Conference to Discuss Defendant's Motion Dismiss (dated 8-12-05))(Schoolman, Richard) (Entered: 08/15/2005)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 9/7/2005. Appearances by counsel of record in the 4 consolidated cases. U.S. v. NYC Transit Auth., CV 04-4237 is designated the lead case in these cases consolidated for pretrial and discovery purposes. All submissions concerning joint pretrial and discovery matters, except in connection with pleadings, should be filed in the lead case. Fact discovery is extended to 12/15/05. Expert discovery is extended as follows: medical/psychological expert reports and disclosures of the individual plaintiffs served by 10/31/05 and defendants' rebuttal medical/psychological expert reports and disclosures served by 1/20/06; remaining reports and disclosures of plaintiffs' experts (liability and economic) served by 1/31/06 and defendants' remaining rebuttal expert reports and disclosures served by 3/31/06. The individual plaintiffs other than Lewis must give notice by 12/15/05 whether they intend to retain an economic expert. Plaintiff Lewis must provide defendants with a copy of the proposed amended or supplemental complaint by 9/13/05 and defendants must advise by 9/15/05 if they consent to such pleading. If not, Lewis must file a motion for leave to file by 9/19/05; opposing papers are due 9/26/05 and any reply by 9/30/05. The parties must be prepared to discuss settlement at the next conference scheduled for Sept. 27, 2005 at 11:00 a.m. (Tape #05/92 807-6118.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/07/2005)
26 Letter from Ally Hack to Judge Go Regarding Re-Scheduling of September 27, 2005 Settlement Conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/14/2005)
27 Letter from Omar T. Mohammedi to Judge Go Regarding Rhonda Moll's Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/16/2005)
28 Letter from Ally Hack to Judge Go Regarding Deadline for Motion for Leave to Amend the Complaint. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/19/2005)
ORDER re [31] Letter. The time for plaintiff Lewis to file a motion for leave to file an amended complaint is extended to 9/26/05; opposing papers are due 10/3/05 and any reply by 10/7/05. Counsel are reminded that future requests for extensions must comply with chambers rule 2E. Ordered by Judge Marilyn D. Go on 9/19/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/19/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 9/29/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Oct. 19, 2005 at 3:30 p.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 09/30/2005)
29 Letter MOTION for Protective Order Enforcement and Extension by all plaintiffs. (Attachments: # 1 Exhibits 1 through 8# 2 Proposed Protective Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 10/13/2005)
30 Letter from Victor Levy to Hon. Marilyn D. Go Regarding request for adjournment of settlement conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/14/2005)
ORDER endorsed on 37 Letter. The next conference to discuss settlement is adjourned to Nov. 8, 2005 at 3:00 p.m. Ordered by Judge Marilyn D. Go on 10/17/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 10/17/2005)
31 TRANSCRIPT of Status Conferences for date of January 5, 2005 before Judge Nicholas G. Garaufis. Court Reporter: Sheldon Silver. Transcript produced by CAT. (Williams-Jackson, Sandy) (Entered: 10/17/2005)
32 Letter from Victor Levy to Hon. Marilyn D. Go Regarding Defendant's request for additional time to respond to Plaintiff's Joint Letter Motion dated 10/13/2005. (Attachments: # 1 letter to attorney Bhalla regarding speaking to station agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/19/2005)
33 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding letter opposing plaintiff's motion "to enforce and to extend" prior order of M.J. Chrein. (Attachments: # 1 Exhibit 1- Wood's Deposition Transcipt pages 65-66# 2 Exhibit 2- DeGuzman Memo of 10/13/05# 3 Exhibit 3- Singh Memo of 10/13/05 & Bhalla Letter of 10/6/05# 4 Exhibit 4- Schoolman Letter of 10/8/05# 5 Exhibit 5- Singh Memo of 4/21/05)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 10/27/2005)
34 Consent MOTION for Extension of Time to File Response/Reply as to 41 Letter, by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/04/2005)
ORDER granting 42 Motion for Extension of Time to File Response/Reply. Plaintiff's responses are due by 11/18/2005. Ordered by JudgeMarilyn D. Go on 11/4/05. (Go, Marilyn) (Entered: 11/04/2005)
35 REPLY to Response to Motion re 34 Letter MOTION for Protective Order Enforcement and Extension filed by all plaintiffs. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/07/2005)

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11/09/2005
11/15/2005 11/17/2005 11/22/2005
11/23/2005
12/01/2005 12/05/2005 12/07/2005 12/07/2005 12/07/2005 12/15/2005
12/15/2005 12/20/2005
01/09/2006
01/09/2006 01/17/2006
01/27/2006 03/10/2006
03/13/2006
03/13/2006 03/22/2006
03/31/2006
04/05/2006

Minute Entry for settlement conference held before Marilyn D. Go on 11/8/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Nov. 22, 2005 at 1:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/09/2005)
36 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding enclosing current uniform policy bulletins. (Attachments: # 1 Bulletins for Bus & Train Operators, Station Agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/15/2005)
37 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding United States' Opposition to Defendant's November 3, 2005 Motion to Compel. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/17/2005)
Minute Entry for Telephone Conference held before Marilyn D. Go on 11/22/2005 Appearances by counsel of record. Settlement is not possible at this time. Next conference scheduled for Dec. 16, 2005 at 11:00 a.m. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/22/2005)
38 Letter from Richard Schoolman to Hon. Marilyn D. Go. Regarding joint request for 28-Day extension of discovery and re-setting of conference currently scheduled for December 16, 2005. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/23/2005)
39 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Plaintiffs' Opposition to Defendant's November 28, 2005 Motion to Compel. (Attachments: # 1 Exhibits 1 through 3)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/01/2005)
40 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding supplement to Schoolman's 11/23/05 letter presenting all-party application to extend discovery by 28 Days. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/05/2005)
41 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' December 5, 2005 Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
42 NOTICE by United States of America of Appearance for Reid A. Cox and Withdrawal of Louis Lopez and Shaarik H. Zafar Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
43 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding latest version of uniform policy for transit authority train operators. (Schoolman, Richard) (Entered: 12/07/2005)
NOTICE: In the event of a transit strike, conferences will automatically be adjourned. However, if counsel are able to participate in person or by phone they should try to confer with all other attorneys and notify the Court (718-26-2550) that the conference can be held as scheduled. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 12/15/2005)
ORDER endorsed on 47 Letter. Discovery is extended to 1/12/06 and the next conference is adjourned to Jan. 13, 2006 at 11;30 a.m. Ordered by Judge Marilyn D. Go on 12/15/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 12/15/2005)
44 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding reply in Further Support of Transit Authority Application to Compel Deposition of Kevin Harrington in His Own Case. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/20/2005)
ORDER endorsed on 48 Letter. This Court agrees with defendants' arguments that supplemental depositions of D. Small and M. Alkebulan are warranted. Limitations on the length and scope of the depositions, as well as all remaining discovery issues and the schedule for completion of remaining discovery, will be discussed at the next scheduled conference. Ordered by Judge Marilyn D. Go on 1/9/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 01/09/2006)
ORDER granting 55 Motion to Compel. This Court finds that a further deposition of Kevin Harrington is warranted. The scope and length of the deposition will be discussed at the next scheduled conference. Ordered by JudgeMarilyn D. Go on 1/9/06. (Go, Marilyn) (Entered: 01/09/2006)
Minute Entry for status conference held before Marilyn D. Go on 1/13/2006. Appearances by counsel of record. Fact discovery is extended to 4/17/06. Discussion and rulings made on the record on the scope of the re-examination of some of the plaintiffs. The parties must file a status report by April 10, 2006 regarding a proposed schedule and whether there are issues to need to be discussed at conference at the end of fact discovery. All counsel consented to consolidation of Singh v. NYC Transit Authority, CV 2005-5477 for discovery purposes with this action. (Tape #ESR 06/03 614-1294.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 01/17/2006)
Motions terminated, 34 Consent MOTION for Extension of Time to File Response/Reply as to 41 Letter,. (Guzzi, Roseann) (Entered: 01/27/2006)
45 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/10/2006)
46 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/13/2006)
ORDER granting 70 Motion for Extension of Time to File Response/Reply. Plaintiff's response to 69 Letter MOTION for Protective Order is due by 3/22/2006. Ordered by JudgeMarilyn D. Go on 3/13/06. (Go, Marilyn) (Entered: 03/13/2006)
47 RESPONSE in Opposition re 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz filed by United States of America. (Attachments: # 1 Exhibits A through D)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/22/2006)
48 Letter concerning Transit Authority Application for Order Precluding Depositions of Transit Authority Officials Fleuranges and Berkowitz by New York Metropolitan Transportation Authority, New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/31/2006)
49 Letter re: discovery disputes by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 04/05/2006)

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04/07/2006 04/10/2006 04/10/2006 04/11/2006 04/13/2006 04/17/2006 04/17/2006 04/18/2006 04/19/2006 04/19/2006 04/19/2006 04/20/2006 05/10/2006 05/11/2006 05/22/2006
05/22/2006 05/22/2006 05/26/2006 06/01/2006 06/06/2006 06/20/2006 06/22/2006 06/23/2006

50 Letter to Judge Dolan Go regarding Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/07/2006)
51 STATUS REPORT by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/10/2006)
52 STATUS REPORT of All Plaintiffs by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/10/2006)
53 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes by United States of America. (Attachments: # 1 Exhibits 1 through 12)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/11/2006)
54 STATUS REPORT Supplemental To Status Report Dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/13/2006)
55 RESPONSE in Opposition re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/17/2006)
56 Letter Regarding Correction to Defendants' April 13,2006 Supplement to Status Report by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/17/2006)
57 RESPONSE in Support re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. (Attachments: # 1 Exhibits A - C)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/18/2006)
58 ORDER granting in part and denying in part 34 Motion for Protective Order. Plaintiffs' application is granted only as to extension of the Protective Order to the named plaintiffs in Singh and denied in all other respects. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
59 REPLY in Support of Supplement to Defendant's Status Report dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/19/2006)
60 ORDER granting 63 Motion for sanctions, denying 69 Motion for Protective Order, granting [45 in 04-CV-2331] motion to compel and extending discovery as set forth in order. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
Motions terminated: 45 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz, 29 Letter MOTION for Protective Order Enforcement and Extension, 46 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz.. Ordered by Judge Marilyn D. Go on 04/20/06. (Proujansky, Josh) (Entered: 04/20/2006)
ORDER: A conference will be held on May 16, 2006 at 11:00 a.m. to discuss plaintiffs' April 11, 2006 motion to compel (ct. doc. 86). The parties may appear by telephone if they notify chambers in advance and arrange the conference call. Ordered by Judge Marilyn D. Go on 05/10/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 05/10/2006)
61 Letter to Magistrate Judge Go re: Consent Adjournment of May 16, 2006 Conference to May 19, 2006 at 11:00 a.m. by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 05/11/2006)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 5/22/2006. Appearances by Diana Embry, Omar Mohammedi and Ravinder Bhalla (by tel), Kevin Satterfield, Richard Schoolman. Oral argument heard. Plaintiff's motion to compel is granted as to the notes of Sidberry and denied without prejudice as to the documents withheld on privilege grounds. Defendants must supplement their privilege log and provide the notes by 5/26/06. The court will entertain a renewed motion to compel provided the parties confer in good faith. (Tape #ESR 06/12 4581-6540.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
SCHEDULING ORDER: In light of the rulings made at the conference on 5/19/06, fact discovery is further extended to 6/22/06. The next conference will be held on 6/23/2006 at 11:00 AM. Ordered by Judge Marilyn D. Go on 5/22/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
Motions terminated: 53 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. See Order by Judge Marilyn D. Go on 05/22/06. (Frullo, Veronica) (Entered: 03/20/2007)
62 Letter to Judge Dolan Go by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 05/26/2006)
NOTICE: The conference scheduled for June 23, 2006 will be held at 11:30 a.m. instead of 11:00 a.m. The parties should confirm this time change with each other. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/01/2006)
63 Letter dated June 6, 2006, to Judge Dolan Go by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 06/06/2006)
64 MOTION for Protective Order Enforcement by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/20/2006)
65 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) by United States of America. (Attachments: # 1 Exhibits 1 through 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/22/2006)
66 Minute Entry: Status Conference held on 6/23/2006 before MJ Marilyn D. Go. Appearances by counsel of record in all cases. Fact discovery is extended to 8/16/06 and expert discovery is extended to 9/29/06. If the parties are unable to resolve the issue raised in plaintiff's motion for a protective order, defendants response is due 7/7/06 and any reply is due 7/13/06. Defendants' opposition to plaintiff's motion to compel documents asserted to be privileged must be faxed by 6/28/06 and any reply is due 7/6/06. Defendants must provide copies of the disputed documents to the Court for in camera review. Plaintiff Lewis must serve her narrowed interrogatories by 6/30/06 and is warned that she must prompt attempt to resolve and disputes and move to compel, if necessary. Plaintiff U.S. must move to compel by 7/17/06 as to any other unresolved discovery issue and a

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06/23/2006
07/06/2006
07/13/2006 08/30/2006 09/07/2006 09/22/2006
10/04/2006
10/06/2006 11/06/2006
11/06/2006
11/07/2006 11/10/2006
12/21/2006
12/29/2006
01/18/2007 01/18/2007 02/01/2007 02/02/2007 02/06/2007 02/06/2007 02/08/2007 02/14/2007 03/09/2007 03/31/2007

response is due 7/21/06. Next conference scheduled for Oct. 4, 2006 at 10:30 a.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/23/2006)
Motions terminated per minute entry dated 5/22/06: 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 06/23/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 06/23/2006)
67 RESPONSE in Support re [104] MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) filed by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/06/2006)
68 RESPONSE in Support re [102] MOTION for Protective Order Enforcement filed by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/13/2006)
69 ORDER granting [114] Motion for Extension of Time to File Response/Reply. the plaintiff United States must file its response to the defendants' request for Pre Motion Conference about a Motion to Dismiss MTA as a defendant on or before 09-7-06 . Ordered by JudgeSandra L. Townes on 8/25/06. (Sica, Michele) (Entered: 08/30/2006)
SECOND CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdradr@optonline.net". Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Lee, Tiffeny) (Entered: 09/07/2006)
70 MEMORANDUM and ORDER, granting in part and denying in part 15 Motion to Dismiss. Defendant's motion pursuant to Fed. R. Civ. P. 12(b)(6) is granted to the extent of dismissing Claims Seven, Eight and Eleven of plaintiff's Amended Complaint. That portion of defendant's motion which seeks dismissal of Claim Ten is denied. Defendant shall file an answer to plaintiff's Amended Complaint within ten (10) days after notice of this Memorandum and Order. See Fed. R. Civ. P. 12(a)(4)(A). Ordered by JudgeSandra L. Townes on 9/20/2006. (Pastore, F. Alan) (Entered: 09/22/2006)
Minute Entry for status conference held before Marilyn D. Go on 10/4/2006. Appearances by counsel of record. Discovery is completed except for deposition of Dr. McLeod, the expert of some individual plaintiffs. Depositions must be conducted by 10/27/06. Counsel for the individual plaintiffs advised that a successful mediation of action brought by the federal plaintiff may also result in resolution of the actions by other plaintiffs. Next conference scheduled for Nov. 9, 2006 at 2:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 10/04/2006)
71 AMENDED ANSWER to Complaint dated June 21, 2004 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02294-SLT-MDG(Schoolman, Richard) (Entered: 10/06/2006)
72 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Change in Date for Mediation and Request to Reschedule Post-Mediation Telephone Status Conference by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 11/06/2006)
ORDER endorsed on [121] Letter filed by United States of America. The next conference is adjourned to Dec. 21, 2006 at 10:00 a.m. Ordered by Judge Marilyn D. Go on 11/6/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 11/06/2006)
73 RESPONSE to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibits 1-5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 11/07/2006)
74 REPLY to Response to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibit 1)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Mohammedi, Omar) (Entered: 11/10/2006)
Minute Entry: Telephone Conference held on 12/21/2006 before MJ Marilyn D. Go. Appearances by Diane Embry, Amardeep Singh Balla, Richard Schoolman. The parties urged in settlement discussions to reconsider their positions and to schedule a further conference. Letters requesting a pre-motion conference must be filed by 1/19/07 and any response must be filed by 1/26/07. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Capobianco, Jean) (Entered: 12/21/2006)
75 ORDER granting in part and denying in part (128) Motion to Compel in case 1:03-cv-02139-SLT-MDG; granting in part and denying in part (65) Motion to Compel in case 1:04-cv-02294-SLT-MDG; granting in part and denying in part (79) Motion to Compel in case 1:04-cv-02331-SLT-MDG; granting in part and denying in part (104) Motion to Compel in case 1:04-cv-04237-SLT-MDG; granting in part and denying in part (54) Motion to Compel in case 1:05-cv-03341-SLT-MDG; granting in part and denying in part (27) Motion to Compel in case 1:05-cv-05477-SLT-MDG. Ordered by Judge Marilyn D. Go on 12/29/06. (Proujansky, Josh) (Entered: 12/29/2006)
76 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre-Motion Conference Letters to Judge Townes, and the Replies to Such Letters by all defendants. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 01/18/2007)
ORDER granting (128) Motion for Extension of Time to File in 04-4236; (39) in 1:05-cv-05477-SLT-MDG. The time for filing pre-motion conference letters is extended to 2/2/07. Any response must be filed by 2/23/07. Ordered by Judge Marilyn D. Go on 1/18/07. (Go, Marilyn) (Entered: 01/18/2007)
77 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 02/01/2007)
78 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:04-cv-02294-SLT-MDG (Schoolman, Richard) (Entered: 02/02/2007)
79 TRANSCRIPT of Civil Cause for Conference held on 5/22/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)
80 TRANSCRIPT of Civil Cause for Conference held on 6/23/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)
81 Letter Correction of Typographical Error in Pre-Motion Conference Request Letter by New York City Transit Authority, New York City Transit Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG, 1:04-cv-02294-SLT-MDG, 1:04-cv-02331-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 02/08/2007)
82 Consent MOTION for Extension of Time to File Response/Reply of Plaintiffs' to Defendants' Requests for a Pre-Motion Conference in Related Cases Pending Pre-Motion Conference in Lead Case by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 02/14/2007)
83 RESPONSE to Motion re (64 in 1:05-cv-03341-SLT-MDG, 130 in 1:04-cv-04237-SLT-MDG, 140 in 1:03-cv-02139-SLT-MDG, 77 in 1:04-cv-02294-SLT-MDG, 40 in 1:05-cv-05477-SLT-MDG, 92 in 1:04-cv-02331-SLT-MDG) MOTION for Hearing filed by United States of America. (Attachments: # 1 Response to TA's Draft Rule 56.1 Statement of Facts) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 03/09/2007)
Motions terminated: 64 MOTION for Protective Order Enforcement filed by United States of America. See Order by Judge Marilyn D. Go on 03/31/07. (Frullo, Veronica) (Entered: 04/02/2007)

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04/24/2007 04/24/2007 06/13/2007 06/13/2007 06/27/2007 07/05/2007 07/06/2007 07/16/2007 08/03/2007 08/03/2007

84 SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel who will try the case appear for a Pre-motion Conference on June 27, 2007 at 10:00am before the Honorable Sandra L. Townes, U.S.D.J. Ordered by Judge Sandra L. Townes on 04/24/07. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Frullo, Veronica) (Entered: 04/24/2007)
Motions terminated: 78 MOTION for Hearing filed by New York City Transit Authority, New York Metropolitan Transportation Authority, 77 MOTION for Hearing filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino. **See Ordered by Judge Sandra L. Townes on 04/24/07.** (Frullo, Veronica) (Entered: 06/13/2007)
Motions terminated: 76 MOTION for Extension of Time to File filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino. ** See Order by Judge Marilyn D. Go on 01/18/07.** (Frullo, Veronica) (Entered: 06/13/2007)
Motions terminated: 82 MOTION for Extension of Time to File Response/Reply filed by United States of America.**See Order by Judge Marilyn D. Go on 01/18/07.** (Frullo, Veronica) (Entered: 06/13/2007)
85 Minute Entry for proceedings held before Hon. Sandra L. Townes: Pre Motion Conference held on 6/27/2007. AUSA Diana Embrey; Defense counsel for all sides present. Plaintiff to file pre-motion letter by 7/6/2007, response due 7/20/07. (Court Reporter Fred Guerino.) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Clarke, Melonie) (Entered: 06/28/2007)
86 Letter to Hon. Judge Townes from Richard Schoolman re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 07/05/2007)
87 Letter to Hon. Townes from Richard Schoolman re: Defendant's Supplemental Letter on Its Proposed Summary Judgment Motion(Muhammad) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:04-cv-02294-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)
88 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Requests for a Pre-Motion Conference on Defendants' Summary Judgment Motions by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 07/16/2007)
89 Letter from Diana L. Embrey to Honorable Sandra L. Townes re: Plaintiff United States' Response to Defendants' July 5, 2007 Clarification of its February 1, 2007 Request for a Pre-Motion Conference on its Summary Judgment Motion by United States of America Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 08/03/2007)
90 RESPONSE to Motion re 77 MOTION for Hearing, 78 MOTION for Hearing, 88 MOTION for Extension of Time to File Response/Reply plaintiffs opposition to defendants pre summary judgment motion application filed by all plaintiffs. (Scott, Armani) (Entered: 08/03/2007)

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U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:03-cv-02139-SLT-MDG

CONSOLIDATED

Small et al v. New York City Transit Authority Assigned to: Judge Sandra L. Townes Referred to: Magistrate-Judge Marilyn D. Go Lead case: 1:04-cv-04237-SLT-MDG Member case: (View Member Case) related Cases: 1:04-cv-02331-SLT-MDG
1:05-cv-03341-SLT-MDG Cause: 42:2000e Job Discrimination (Employment) Plaintiff Deirdre Small
Plaintiff Malikah Alkebulan
V. Defendant New York City Transit Authority

Date Filed: 05/02/2003 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Armani B. Scott The Scott Firm 55 Washington Street Suite 705 Brooklyn, NY 11201 (718)852-7000 Fax: (718)852-3302 Email: abscottlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lonnie Hart, Jr. Law Offices of Lonnie Hart Jr. 44 Court Street Suite 807 Brooklyn, NY 11201 718-246-8200 Fax: 718-246-8209 Email: lhartlaw@verizon.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Armani B. Scott (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lonnie Hart, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Schoolman New York Transit Authority Law Dept. 130 Livingston Street 12th floor Brooklyn, NY 11201 (718)694-4667 Fax: 718-694-5727 Email: Richard.Schoolman@nyct.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed #

Docket Text

05/02/2003 05/06/2003 06/13/2003 06/23/2003 08/07/2003 08/11/2003 08/11/2003 09/08/2003 03/01/2004

1 COMPLAINT against New York City Transit Authority filing fee $ 150, receipt number 276877 Summons Issued, filed by Malikah Alkebulan, Deirdre Small. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 05/05/2003)
2 AFFIDAVIT of Service for summons and complaint served on NYC Transit Authority on 5/2/03, filed by Malikah Alkebulan, Deirdre Small. (Chee, Alvin) (Entered: 05/07/2003)
3 ANSWER to Complaint by New York City Transit Authority.(Chee, Alvin) (Entered: 06/16/2003)
4 ORDER: An initial conference will be held on 8/7/03 at 3:30 PM before MJ Chrein. Signed by Judge A. Simon Chrein on 6/19/03. (Chee, Alvin) (Entered: 06/23/2003)
7 Minute Entry for proceedings held before A. Simon Chrein : Civil Conference held on 8/7/2003. Counsel for both parties present. Discovery to be completed by 4/15/04. Next status conf. for 4/15/04 @2:30pm. Discussion held. (Nieves, Adrian) (Entered: 08/11/2003)
5 Letter dated 8/8/03 from F. Alan Pastore, Secretary to MJ Chrein, to counsel providing notice that a final pretrial conference will be held before MJ Chrein on 4/15/04 at 2:30 PM. (Chee, Alvin) (Entered: 08/11/2003)
6 SCHEDULING ORDER: Expert reports are to be submitted by 1/30/04. Responsive expert reports to be submitted by 45 days after receipt. All discovery is to be completed by 4/15/04. A final pretrial conf. is to be held 4/15/04 @2:30pm. Signed by Judge A. Simon Chrein on 8/7/03. (Nieves, Adrian) (Entered: 08/11/2003)
8 ORDER endorsed on letter dated 8/14/03 from Richard Schoolman to Magistrate A. Simon Chrein. Both sides excused. Application granted. Signed by Judge A. Simon Chrein on 9/3/03. (Black, Amanda) (Entered: 09/08/2003)
9 Letter dated 2/24/04 from Victor Levy, Esq. to MJ Chrein requesting that the discovery schedule be amended. (Chee, Alvin) (Entered: 03/01/2004)

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03/01/2004 03/04/2004 03/04/2004
03/10/2004 03/10/2004 04/09/2004 04/09/2004 04/22/2004
05/07/2004 05/07/2004 05/07/2004 05/18/2004 05/18/2004 05/18/2004 05/21/2004 05/26/2004 06/04/2004 06/10/2004 06/28/2004 06/28/2004
07/09/2004 07/09/2004 07/21/2004 07/21/2004
08/20/2004 09/20/2004 10/04/2004 10/19/2004 10/22/2004 10/28/2004 10/29/2004 11/03/2004 11/05/2004 11/08/2004 11/15/2004 11/18/2004 11/22/2004 11/23/2004

10 Letter dated 2/27/04 from MJ Chrein to Counsel ordering plaintiffs to submit their comments on Mr. Levy's schedule proposals in writing by 3/15/04. (Chee, Alvin) (Entered: 03/01/2004)
11 Letter dated 3/1/04 from Lonnie Hart, Esq. to MJ Chrein in response to deft's request for an extension of the discovery deadlines. (Chee, Alvin) (Entered: 03/04/2004)
12 ORDER: The Court shall adopt the schedule submitted by defts in their 2/24/04 letter, which will require the conclusion of fact discovery by 5/20/04. The final deposition of expert witnesses and the close of discovery will take place on 8/16/04. Counsel are to appear for a final conference on 9/13/04 at 10 AM. Signed by Judge A. Simon Chrein on 3/2/04. (Chee, Alvin) (Entered: 03/04/2004)
13 Letter dated 3/3/04 from Victor Levy, Esq. to MJ Chrein in response to the Lonnie Hart's letter to the Court dated 3/1/04 regarding the extension of discovery. (Chee, Alvin) (Entered: 03/10/2004)
14 Corrected ORDER amending document #12: Conclusion of fact discovery by 5/30/04. Signed by Judge A. Simon Chrein on 3/4/04. (Chee, Alvin) (Entered: 03/10/2004)
15 Letter dated 4/6/04 from Richard Schoolman, Esq. to MJ Chrein requesting that the court strike plaintiffs' designation of Dr. Aminah Beverly McCloud as their expert and order that plaintiffs' expert report not be usable in any pre-trial dispositive motion. (Chee, Alvin) (Entered: 04/09/2004)
16 Letter dated 4/8/04 from MJ Chrein to counsel in response to deft's letter dated 4/6/04 regarding plaintiff's expert report. This application is best addressed to Judge Dearie. (Chee, Alvin) (Entered: 04/09/2004)
17 ORDER: The Court notes the 4/6/04 correspondence from deft's counsel. Full compliance with Rule 26 with respect to the substance of any report is required. Plaintiffs' counsel shall either respond to the objections presented by deft's counsel, or file a revised report on or before 5/17/04. C/M. Signed by Judge Raymond J. Dearie on 4/21/04. (Chee, Alvin) (Entered: 04/22/2004)
18 Letter dated 5/3/04 from Armani Scott, Esq. to MJ Chrein moving the court for an order compelling deft to disclose information relevant to plaintiffs' claims. (Chee, Alvin) (Entered: 05/07/2004)
19 Letter dated 5/6/04 from MJ Chrein to counsel in response to plaintiff's letter dated 5/3/04 seeking an order to compel discovery. The court will take no action until the parties have complied with Local Civil Rule 37.3(a). (Chee, Alvin) (Entered: 05/07/2004)
20 MOTION to Quash deposition subpoena by non-party Stephanie Lewis. (Chee, Alvin) (Entered: 05/18/2004)
21 Letter dated 5/11/04 from Richard Schoolman, Esq. to MJ Chrein in opposition to the motion to quash filed by non-party Stephanie Lewis. (Chee, Alvin) (Entered: 05/18/2004)
22 Letter dated 5/11/04 from Aramani Scott, Esq. to MJ Chrein submitting an amended motion to compel discovery. (Chee, Alvin) (Entered: 05/18/2004)
23 Letter dated 5/14/04 from F. Alan Pastore, Secretary to MJ Chrein, to counsel providing notice that a conference has been scheduled for 6/10/04 at 10:30 AM. (Chee, Alvin) (Entered: 05/18/2004)
24 Letter dated 5/17/04 from Omar Mohammedi, Esq. to MJ Chrein in response to the MTA's answer to the motion to quash the subpoena. (Chee, Alvin) (Entered: 05/21/2004)
25 ORDER endorsed on letter dated 5/20/04 from Richard Schoolman, Esq. to MJ Chrein regarding plaintiff's letter dated 5/11/04 seeking an order compelling the TA to produce documents: To be dealt with at conference now scheduled for 6/10/04 . Signed by Judge A. Simon Chrein on 5/24/04. (Chee, Alvin) (Entered: 05/26/2004)
26 ORDER Endorsed on letter dated 5/28/04 from Richard Schoolman Esq. to MJ Chrein: I will discuss all these issues at the conference now scheduled for 6/10/04. Signed by Judge A. Simon Chrein on 6/3/04. (Chee, Alvin) (Entered: 06/04/2004)
28 Minute Entry for proceedings held before A. Simon Chrein : Status Conference held on 6/10/2004. Counsel for both sides present. Discovery extended to 5/31/05. Rulings made on record. Proceedings recorded electronically. (Noh, Kenneth) (Entered: 06/28/2004)
27 Letter dated 6/24/04 from Richard Schoolman, Esq. to MJ Chrein applying for a protective order to prevent plaintiff's deposition of TA President Lawrence Reuter. (Chee, Alvin) (Entered: 06/28/2004)
29 ORDER: Unless plaintiffs' counsel can demonstrate that Mr. Reuter has some individualized knowledge of this case that could not be satisfactorily obtained from a more subordinate official, the court shall grant the requested protective order and quash the subpoena for Mr. Reuter. Should the plaintiff be in a position to make such demonstration, plaintiffs' counsel is to submit his justification by 7/9/04 . Signed by Judge A. Simon Chrein on 6/25/04. (Chee, Alvin) (Entered: 06/28/2004)
30 Letter dated 7/6/04 from Armani Scott, Esq. to MJ Chrein requesting that deft's application for a protective order preventing the deposition of TA President, Lawrence Reuter be denied. (Chee, Alvin) (Entered: 07/15/2004)
31 ORDER: Deft to respond to plaintiff's 7/6/04 letter in writing by 7/23/04. The court will determine the deposition issue upon receipt of deft's submission. Signed by Judge A. Simon Chrein on 7/9/04. (Chee, Alvin) (Entered: 07/15/2004)
32 Letter dated 7/13/04 from Richard Schoolman, Esq. to MJ Chrein in response to the 7/6/04 opposition from plaintiff's attorney to the TA's motion for a protective order against plaintiff's deposing TA President Lawrence Reuter. (Chee, Alvin) (Entered: 07/21/2004)
33 ORDER: Deft's counsel has sought a protective order with respect to a notice for the deposition of TA President Lawrence Reuter. The protective order is granted. The court, however, will require that Mr. Reuter submit an affidavit indicating his familiarity, or lack thereof, with the headdress requirement of bus operators or other transit employees. This affidavit should further address what direct role, if any, Mr. Reuter had in the generation of the relevant regulations. Signed by Judge A. Simon Chrein on 7/16/04. (Chee, Alvin) (Entered: 07/21/2004)
Case reassigned to Judge Sandra L. Townes. Judge Raymond J. Dearie no longer assigned to the case. (Bowens, Priscilla) (Entered: 09/02/2004)
34 NOTICE Status Conf. for Oct 22,2004 @ 2:30. (Jackson, Ramona) (Entered: 09/20/2004)
35 Letter from Richard Schoolman to Judge Chrein Regarding protective order and supplemental affidavit. (Levy, Victor) (Entered: 10/04/2004)
36 Letter from Diana Embrey, Trial Attorney, U.S. Department of Justice to Honorable A. Simon Chrein Regarding Permission to Appear at Status Conference on October 22, 2004. (Embry, Diana) (Entered: 10/19/2004)
37 Minute Entry for proceedings held before A. Simon Chrein : Status Conference held on 10/22/2004. Next conf. 6/2/05 @ 4:00. (Entered: 10/26/2004)
38 ORDER GRANTING the application for an adjournement of the status conference scheduled for 10-22-04. (see ltr dtd 10-19-04). Signed by Judge A. Simon Chrein on 10/21/04. (Sica, Michele) (Entered: 10/28/2004)
39 Letter from Lonnie Hart to Mag. Chrein dtd. 10/27/04 Regarding response to deft's letter dtd. 10/23/04. (Jackson, Ramona) (Entered: 10/29/2004)
40 NOTICE from F. ALan Pastore to Counselors, in response to Mr. Schoolman's letter addressed to magistrate Chrein dtd 10-23-04, a telephone conference before Mag. Chrein has been scheduled for Friday 11/5/04 at 11:30 a.m. (exhibits A-E attached) (Sica, Michele) (Entered: 11/03/2004)
43 Minute Entry for proceedings held before A. Simon Chrein : Telephone Conf. held held on 11/5/2004. (Jackson, Ramona) (Entered: 11/15/2004)
41 TRANSCRIPT of Civil Cause For conference Proceedings held on 6/10/04 before Judge Chrein. Court Reporter: Aria transcriptions. For Plaintiff: Armani Scott, For Deft. Richard Schoolman (Sica, Michele) (Entered: 11/08/2004)
42 PROTECTIVE ORDER . Signed by Judge A. Simon Chrein on 11/12/04. (Jackson, Ramona) (Entered: 11/15/2004)
45 Letter dated 11/18/04 from Lonnie Hart, Esq. to MJ Chrein informing the Court as to the questionable tactics of deft regarding the protective order. (Chee, Alvin) (Entered: 12/02/2004)
46 Letter dated 11/22/04 from F. Alan Pastore, Secretary to MJ Chrein, to all counsel providing notice that a conference has been scheduled for 12/7/04 at 4 PM. (Chee, Alvin) (Entered: 12/02/2004)
47 Letter dated 11/23/04 from Richard Schoolman, Esq. to MJ Chrein in response to pliantiff's 11/18/04 letter regarding the protective order. (Chee, Alvin) (Entered: 12/02/2004)

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11/29/2004 12/01/2004
12/02/2004
12/07/2004 12/09/2004 12/10/2004 12/13/2004 12/13/2004 12/17/2004 12/17/2004 01/05/2005 01/06/2005 03/04/2005 03/07/2005 04/07/2005 04/07/2005 04/07/2005 04/11/2005 04/12/2005 04/13/2005
04/13/2005
05/09/2005 07/22/2005 07/29/2005 08/15/2005 09/07/2005
09/14/2005 09/16/2005 09/19/2005

44 ORDER after reexamining this issue, to leave the protective order as drawn in place. . Signed by Judge A. Simon Chrein on 11/16/04. (Jackson, Ramona) (Entered: 11/29/2004)
53 ORDER re 52 Letter from defendant's counsel, Richard Schoolman, Esq. dated 12/13/04: I am inclined to grant the defendant's request in its entirety, but will defer acting on it until I have had an opportunity to hear from Ms. Small's counsel. Any objection to any facet of this Order is to reach me no later than 12/20/04, and must be in writing. If I receive a response that requires that I consider a responsive submission from the plaintiffs, I will set the date for the responsive submissions in a follow-up Order. If I dont not receive a timely response, I will sign an order submitted by the defendant, granting the relief sought herein. Signed by Judge A. Simon Chrein on 12/13/04. (Black, Amanda) (Entered: 12/14/2004)
48 REPLY in Opposition re 42 Protective Order, 44 Order Defendant's Objections to Order of Magistrate Judge Chrein Dated November 12, 2004 by New York City Transit Authority. (Attachments: # 1 Exhibit 1 MJ Chrein's order dtd 11-12-04# 2 Exhibit 2 KJ Sinclair ltr to Small dtd 10-5-04# 3 Exhibit 3 Hart's ltr to KJ Sinclair dtd 10-19-04# 4 Exhibit 4 Schoolman's ltr to MJ Chrein dtd 10-23-04 with attachments A-E# 5 Exhibit 5 Hart's ltr to MJ Chrein dtd 10-27-04# 6 Exhibit 6 Schoolman's ltr to MJ Chrein dtd 11-16-04# 7 Exhibit 7 MJ Chrein order dtd 11-17-04)(Schoolman, Richard) (Entered: 12/02/2004)
57 Minute Entry for proceedings held before A. Simon Chrein : Docket Call held on 12/7/2004. Discussions held. Recorded electronically. (Jackson, Ramona) (Entered: 01/19/2005)
49 SCHEDULING ORDER: A pretrial conference is set for January 5, 2005 at 10:30am before the Honorable Sandra L. Townes. **SEE ORDER** (Frullo, Veronica) (Entered: 12/09/2004)
50 NOTICE of Appearance by Richard Schoolman on behalf of New York City Transit Authority (Schoolman, Richard) (Entered: 12/10/2004)
51 ORDER; Plaintiff must file a response on or before 12/17/04, if they wish to be heard on the Defendant's objections . Signed by Judge Sandra L. Townes on 12/8/04. (Sica, Michele) (Entered: 12/13/2004)
52 Letter dated 12/13/04 from Richard Schoolman to Mag. Chrein requesting an Order directing plaintiff Deirdre Small to submit to a mental health examination. (Black, Amanda) (Entered: 12/14/2004)
54 REPLY in Opposition re 48 Reply in Opposition,, CONSOLIDATED OPPOSITION TO THE DEFENDANT'S OBJECTIONS TO THE NOVEMBER 12, 2004 PROTECTIVE ORDER by all plaintiffs. (Attachments: # 1 Exhibit 1 through 5)(Hart, Lonnie) (Entered: 12/17/2004)
55 REPLY in Opposition re 48 Reply in Opposition,, CONSOLIDATED OPPOSITION TO THE DEFENDANT'S OBJECTIONS TO THE NOVEMBER 12, 2004 PROTECTIVE ORDER (CORRECTED VERSION) by all plaintiffs. (Attachments: # 1 Exhibit 1 through 5)(Hart, Lonnie) (Entered: 12/17/2004)
Minute Entry for proceedings held before Sandra L. Townes : Docket Call for oral argument, regarding defts' appeal of the Magistrate Chrein's 11/15/04 protective order, held on 1/5/2005. Armani Scott and Lonnie Hart present for the pltff. Richard Schoolman present for defts. Defts' application to set aside the protective order, entered by Magistrate Judge Chrein on 11/15/04, is denied on the record. (Court Reporter Shelly Silverman.) (Frullo, Veronica) (Entered: 01/05/2005)
56 ORDER Regarding discovery (see document). Signed by Judge A. Simon Chrein on 1/3/05. (Jackson, Ramona) (Entered: 01/06/2005)
ORDER: Until further notice from the Court, Magistrate Judge Go will be overseeing all pretrial matters in this action. She will hold the next conference on the originally scheduled date of June 2, 2005 at 4 p.m. The parties should confirm the new time with each other.Signed by Judge Marilyn D. Go on 3/4/05. (DeVeaux, Yvonne) (Entered: 03/04/2005)
58 ORDER: A status conference will be held on April 12, 2005 at 11:00 a.m. as per attached order.Signed by Judge Marilyn D. Go on 03/07/05. (DeVeaux, Yvonne) (Entered: 03/07/2005)
59 NOTICE of Appearance by Richard Schoolman on behalf of New York City Transit Authority (Schoolman, Richard) (Entered: 04/07/2005)
60 NOTICE by New York City Transit Authority Defendants' Response to "Plaintiffs' Joint Status Update" (Schoolman, Richard) (Entered: 04/07/2005)
61 NOTICE by New York City Transit Authority Notice of Supplemental Information for EFC Purposes (Schoolman, Richard) (Entered: 04/07/2005)
Case reassigned to Judge Marilyn D. Go. Judge A. Simon Chrein no longer assigned to the case. (Villanueva, William) (Entered: 04/11/2005)
62 ORDER denying plaintiff Deirdre Small's motion to require defendant to pay her for time spent attending Rule 35 examination. Ordered by Judge Marilyn D. Go on 04/12/05. (Proujansky, Josh) (Entered: 04/12/2005)
63 Minute Entry for status conference held before Marilyn D. Go on 4/12/2005. Appearances by counsel of record, Lonni Hart and Ally Hack. Discovery is consolidated in 03cv2139, 04cv2294, 04cv2331 and 04cv4237. The following new schedule shall govern: fact discovery must be completed by 8/31/05; plaintiffs' expert disclosures and reports are due 8/31/05 and defendants by 10/14/05. Expert discovery must be completed by 11/17/05. Rulings made on the record granting, in part, plaintiffs' letter request to compel discovery. The parties must be prepared to discuss settlement at the next conference and should call for an earlier conference if they feel such a conference would be productive. Any dispositive motions will be discussed at the next conference. Next conference scheduled for Sept 7, 2005 at 10:30 a.m. (Tape #(ESR 05/39 519-4056).) (DeVeaux, Yvonne) (Entered: 04/13/2005)
64 Minute Entry for status conference held before Marilyn D. Go on 4/12/2005. Appearances by counsel of record, Lonni Hart and Ally Hack. Discovery is consolidated in 03cv2139, 04cv2294, 04cv2331 and 04cv4237. The following new schedule shall govern: fact discovery must be completed by 8/31/05; plaintiffs' expert disclosures and reports are due 8/31/05 and defendants by 10/14/05. Expert discovery must be completed by 11/17/05. Rulings made on the record granting, in part, plaintiffs' letter request to compel discovery. The parties must be prepared to discuss settlement at the next conference and should call for an earlier conference if they feel such a conference would be productive. Any dispositive motions will be discussed at the next conference. Next conference scheduled for Sept 7, 2005 at 10:30 a.m. (Tape #ESR 05/39 519-4056.) (DeVeaux, Yvonne) (Entered: 04/13/2005)
65 TRANSCRIPT of Civil Cause Conference before Magistrate Go Proceedings held on 4/12/05 before Judge Go. (Sica, Michele) (Entered: 05/10/2005)
66 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding adjustment of discovery schedule. (Schoolman, Richard) (Entered: 07/22/2005)
67 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Reply Letter to Judge Go re Adjustment of Discovery Schedule. (Schoolman, Richard) (Entered: 07/29/2005)
68 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Supplemental Letter About Adjusment of Discovery Schedule (dated 8-15-05). (Attachments: # 1 Request for Pre Motion Conference to Discuss Defendant's Motion Dismiss (dated 8-12-05))(Schoolman, Richard) (Entered: 08/15/2005)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 9/7/2005. Appearances by counsel of record in the 4 consolidated cases. U.S. v. NYC Transit Auth., CV 04-4237 is designated the lead case in these cases consolidated for pretrial and discovery purposes. All submissions concerning joint pretrial and discovery matters, except in connection with pleadings, should be filed in the lead case. Fact discovery is extended to 12/15/05. Expert discovery is extended as follows: medical/psychological expert reports and disclosures of the individual plaintiffs served by 10/31/05 and defendants' rebuttal medical/psychological expert reports and disclosures served by 1/20/06; remaining reports and disclosures of plaintiffs' experts (liability and economic) served by 1/31/06 and defendants' remaining rebuttal expert reports and disclosures served by 3/31/06. The individual plaintiffs other than Lewis must give notice by 12/15/05 whether they intend to retain an economic expert. Plaintiff Lewis must provide defendants with a copy of the proposed amended or supplemental complaint by 9/13/05 and defendants must advise by 9/15/05 if they consent to such pleading. If not, Lewis must file a motion for leave to file by 9/19/05; opposing papers are due 9/26/05 and any reply by 9/30/05. The parties must be prepared to discuss settlement at the next conference scheduled for Sept. 27, 2005 at 11:00 a.m. (Tape #05/92 807-6118.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/07/2005)
69 Letter from Ally Hack to Judge Go Regarding Re-Scheduling of September 27, 2005 Settlement Conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/14/2005)
70 Letter from Omar T. Mohammedi to Judge Go Regarding Rhonda Moll's Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/16/2005)
71 Letter from Ally Hack to Judge Go Regarding Deadline for Motion for Leave to Amend the Complaint. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/19/2005)

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09/19/2005 09/29/2005 09/30/2005
10/13/2005 10/14/2005 10/17/2005 10/17/2005 10/19/2005 10/27/2005
11/04/2005 11/04/2005 11/07/2005 11/09/2005
11/15/2005 11/15/2005 11/16/2005 11/17/2005 11/22/2005
11/23/2005
11/28/2005 12/01/2005 12/02/2005 12/05/2005 12/07/2005 12/07/2005 12/07/2005 12/15/2005

ORDER re [31] Letter. The time for plaintiff Lewis to file a motion for leave to file an amended complaint is extended to 9/26/05; opposing papers are due 10/3/05 and any reply by 10/7/05. Counsel are reminded that future requests for extensions must comply with chambers rule 2E. Ordered by Judge Marilyn D. Go on 9/19/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/19/2005)
72 Letter from Victor Levy to Hon. Marilyn D. Go Regarding request for order to compel answers to interrogatories or to preclude evidence. (Attachments: # 1 Exhibit AInterrogatories Addressed to Plaintiff Malikah Alkebulan# 2 Exhibit B- Interrogatories Addressed to Plaintiff Deirdre Small)(Levy, Victor) (Entered: 09/29/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 9/29/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Oct. 19, 2005 at 3:30 p.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 09/30/2005)
73 Letter MOTION for Protective Order Enforcement and Extension by all plaintiffs. (Attachments: # 1 Exhibits 1 through 8# 2 Proposed Protective Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 10/13/2005)
74 Letter from Victor Levy to Hon. Marilyn D. Go Regarding request for adjournment of settlement conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/14/2005)
ORDER endorsed on 37 Letter. The next conference to discuss settlement is adjourned to Nov. 8, 2005 at 3:00 p.m. Ordered by Judge Marilyn D. Go on 10/17/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 10/17/2005)
TRANSCRIPT of Status Conferences for date of January 5, 2005 before Judge Nicholas G. Garaufis. Court Reporter: Sheldon Silver. Transcript prodcued by CAT. This is doc#31 in 04cv2294. (Williams-Jackson, Sandy) (Entered: 10/17/2005)
75 Letter from Victor Levy to Hon. Marilyn D. Go Regarding Defendant's request for additional time to respond to Plaintiff's Joint Letter Motion dated 10/13/2005. (Attachments: # 1 letter to attorney Bhalla regarding speaking to station agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/19/2005)
76 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding letter opposing plaintiff's motion "to enforce and to extend" prior order of M.J. Chrein. (Attachments: # 1 Exhibit 1- Wood's Deposition Transcipt pages 65-66# 2 Exhibit 2- DeGuzman Memo of 10/13/05# 3 Exhibit 3- Singh Memo of 10/13/05 & Bhalla Letter of 10/6/05# 4 Exhibit 4- Schoolman Letter of 10/8/05# 5 Exhibit 5- Singh Memo of 4/21/05)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 10/27/2005)
77 Consent MOTION for Extension of Time to File Response/Reply as to [41] Letter, by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/04/2005)
ORDER granting 42 Motion for Extension of Time to File Response/Reply. Plaintiff's responses are due by 11/18/2005. Ordered by JudgeMarilyn D. Go on 11/4/05. (Go, Marilyn) (Entered: 11/04/2005)
78 REPLY to Response to Motion re 34 Letter MOTION for Protective Order Enforcement and Extension filed by all plaintiffs. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/07/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 11/8/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Nov. 22, 2005 at 1:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/09/2005)
79 Letter MOTION to Compel Substantive Answers to Interrogatories by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Levy, Victor) (Entered: 11/15/2005)
80 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding enclosing current uniform policy bulletins. (Attachments: # 1 Bulletins for Bus & Train Operators, Station Agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/15/2005)
81 TRANSCRIPT of Proceedings held on Dec. 7,2005 before Judge Mag. Chrein. Court Reporter: Elizabeth Barron. (Jackson, Ramona) (Entered: 11/16/2005)
82 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding United States' Opposition to Defendant's November 3, 2005 Motion to Compel. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/17/2005)
Minute Entry for Telephone Conference held before Marilyn D. Go on 11/22/2005 Appearances by counsel of record. Settlement is not possible at this time. Next conference scheduled for Dec. 16, 2005 at 11:00 a.m. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/22/2005)
83 Letter from Richard Schoolman to Hon. Marilyn D. Go. Regarding joint request for 28-Day extension of discovery and re-setting of conference currently scheduled for December 16, 2005. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/23/2005)
84 Letter from Richard Schoolman to Marilyn D. Go Regarding application to compel supplemental depositions of D. Small and M. Alkebulan. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 11/28/2005)
85 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Plaintiffs' Opposition to Defendant's November 28, 2005 Motion to Compel. (Attachments: # 1 Exhibits 1 through 3)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/01/2005)
86 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding Transit Authority reply in further support of its application to compel the supplemental depositions of Small and Alkebulan. (Attachments: # 1 Exhibit A# 2 Exhibit B)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 12/02/2005)
87 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding supplement to Schoolman's 11/23/05 letter presenting all-party application to extend discovery by 28 Days. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/05/2005)
88 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' December 5, 2005 Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
89 NOTICE by United States of America of Appearance for Reid A. Cox and Withdrawal of Louis Lopez and Shaarik H. Zafar Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
90 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding latest version of uniform policy for transit authority train operators. (Schoolman, Richard) (Entered: 12/07/2005)
NOTICE: In the event of a transit strike, conferences will automatically be adjourned. However, if counsel are able to participate in person or by phone they should try to confer with all other attorneys and notify the Court (718-26-2550) that the conference can be held as scheduled. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 12/15/2005)

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12/15/2005

ORDER endorsed on 47 Letter. Discovery is extended to 1/12/06 and the next conference is adjourned to Jan. 13, 2006 at 11;30 a.m. Ordered by Judge Marilyn D. Go on 12/15/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 12/15/2005)

12/20/2005

91 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding reply in Further Support of Transit Authority Application to Compel Deposition of Kevin Harrington in His Own Case. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/20/2005)

01/09/2006

ORDER endorsed on 48 Letter. This Court agrees with defendants' arguments that supplemental depositions of D. Small and M. Alkebulan are warranted. Limitations on the length and scope of the depositions, as well as all remaining discovery issues and the schedule for completion of remaining discovery, will be discussed at the next scheduled conference. Ordered by Judge Marilyn D. Go on 1/9/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 01/09/2006)

01/09/2006

ORDER granting 55 Motion to Compel. This Court finds that a further deposition of Kevin Harrington is warranted. The scope and length of the deposition will be discussed at the next scheduled conference. Ordered by JudgeMarilyn D. Go on 1/9/06. (Go, Marilyn) (Entered: 01/09/2006)

01/12/2006 92 ORDER granting 44 defendant's Motion to Compel. Ordered by JudgeMarilyn D. Go on 01/12/06. (Proujansky, Josh) (Entered: 01/12/2006)

01/17/2006

Minute Entry for status conference held before Marilyn D. Go on 1/13/2006. Appearances by counsel of record. Fact discovery is extended to 4/17/06. Discussion and rulings made on the record on the scope of the re-examination of some of the plaintiffs. The parties must file a status report by April 10, 2006 regarding a proposed schedule and whether there are issues to need to be discussed at conference at the end of fact discovery. All counsel consented to consolidation of Singh v. NYC Transit Authority, CV 2005-5477 for discovery purposes with this action. (Tape #ESR 06/03 614-1294.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 01/17/2006)

02/13/2006

93 Letter MOTION to Dismiss Application for Relief for Failure of Plaintiff's Small and Alkebulan to Respond to Interrrogatories as Directed by This Court's Order of January 12, 2006 by New York City Transit Authority. (Attachments: # 1 Order Directing Plaintiffs to Answer Interrogatories)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Levy, Victor) (Entered: 02/13/2006)

02/17/2006 94 RESPONSE to Motion re 93 Letter MOTION to Dismiss Application for Relief for Failure of Plaintiff's Small and Alkebulan to Respond to Interrrogatories as Directed by This Court's Order of January 12, 2006 Response to Defendant's Motion for Relief filed by Deirdre Small, Malikah Alkebulan. (Hart, Lonnie) (Entered: 02/17/2006)

02/17/2006 95 Letter TA's Reply in Further Support of it's application for Relief for Ms. Small's and Ms. Alkebulan's Failure to Answer Certain Interrogatories by New York City Transit Authority. (Attachments: # 1 Small's answer to defendant's interrogatories)(Schoolman, Richard) (Entered: 02/17/2006)

02/22/2006 96 NOTICE of Change of Firm name, Address, and Electronic Mail of Plaintiffs' Attorney by Armani B. Scott (Scott, Armani) (Entered: 02/22/2006)

02/22/2006 97 RESPONSE in Opposition re 93 Letter MOTION to Dismiss Application for Relief for Failure of Plaintiff's Small and Alkebulan to Respond to Interrrogatories as Directed by This Court's Order of January 12, 2006 answer to defendants reply in further support of motion filed by all plaintiffs. (Scott, Armani) (Entered: 02/22/2006)

02/27/2006 98 Letter Supplemental Reply in Support of Transit Authority Application Concerning Continuing Failure of Plaintiff's Small and Alkebulan to Answer Interrogatories by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 02/27/2006)

02/27/2006 99 RESPONSE to Motion re 93 Letter MOTION to Dismiss Application for Relief for Failure of Plaintiff's Small and Alkebulan to Respond to Interrrogatories as Directed by This Court's Order of January 12, 2006 Response to Defendant's Further Application for Relief filed by Deirdre Small, Malikah Alkebulan. (Hart, Lonnie) (Entered: 02/27/2006)

03/01/2006 100 Letter Regarding Transit Authority's Letters Dated February 13, 17 & 27, 2006 by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Embrey, Diana) (Entered: 03/01/2006)

03/08/2006 101 Letter Continuing Failure of Ms. Small and Ms. Alkebulan to Answer Interrogatories by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 03/08/2006)

03/10/2006

102 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/10/2006)

03/13/2006

103 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/13/2006)

03/13/2006

ORDER granting 70 Motion for Extension of Time to File Response/Reply. Plaintiff's response to 69 Letter MOTION for Protective Order is due by 3/22/2006. Ordered by JudgeMarilyn D. Go on 3/13/06. (Go, Marilyn) (Entered: 03/13/2006)

03/15/2006 104 Letter Re: Plaintiffs continue failure to answer interrogatories by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 03/15/2006)

03/16/2006 105 RESPONSE to Motion re 93 Letter MOTION to Dismiss Application for Relief for Failure of Plaintiff's Small and Alkebulan to Respond to Interrrogatories as Directed by This Court's Order of January 12, 2006 filed by Deirdre Small, Malikah Alkebulan. (Hart, Lonnie) (Entered: 03/16/2006)

03/20/2006 106 Letter Response to Plaintiff's Attorney's Letter of March 16, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 03/20/2006)

03/22/2006

107 RESPONSE in Opposition re 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz filed by United States of America. (Attachments: # 1 Exhibits A through D)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/22/2006)

03/31/2006

108 Letter concerning Transit Authority Application for Order Precluding Depositions of Transit Authority Officials Fleuranges and Berkowitz by New York Metropolitan Transportation Authority, New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/31/2006)

04/05/2006 109 Letter re: discovery disputes by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 04/05/2006)

04/07/2006 110 Letter to Judge Dolan Go regarding Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/07/2006)

04/10/2006 111 STATUS REPORT by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/10/2006)

04/10/2006 112 STATUS REPORT of All Plaintiffs by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/10/2006)

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04/11/2006 113 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes by United States of America. (Attachments: # 1 Exhibits 1 through 12)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/11/2006)

04/13/2006 114 STATUS REPORT Supplemental To Status Report Dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/13/2006)

04/17/2006

115 RESPONSE in Opposition re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/17/2006)

04/17/2006 116 Letter Regarding Correction to Defendants' April 13,2006 Supplement to Status Report by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/17/2006)

04/18/2006

117 RESPONSE in Support re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. (Attachments: # 1 Exhibits A - C)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/18/2006)

04/19/2006 118 ORDER granting in part and denying in part 34 Motion for Protective Order. Plaintiffs' application is granted only as to extension of the Protective Order to the named plaintiffs in Singh and denied in all other respects. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)

04/19/2006 119 REPLY in Support of Supplement to Defendant's Status Report dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/19/2006)

04/19/2006 120 ORDER granting [63] Motion for sanctions, denying 69 Motion for Protective Order, granting [45 in 04-CV-2331] motion to compel and extending discovery as set forth in order. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)

04/20/2006

Motions terminated: 73 Letter MOTION for Protective Order Enforcement and Extension, 93 Letter MOTION to Dismiss Application for Relief for Failure of Plaintiff's Small and Alkebulan to Respond to Interrrogatories as Directed by This Court's Order of January 12, 2006 filed by New York City Transit Authority,, 79 Letter MOTION to Compel Substantive Answers to Interrogatories filed by New York City Transit Authority,, 103 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz, 77 Consent MOTION for Extension of Time to File Response/Reply as to [41] Letter,, 102 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz filed by New York City Transit Authority,.. Ordered by Judge Marilyn D. Go on 04/20/06. (Proujansky, Josh) (Entered: 04/20/2006)

04/28/2006 121 Letter MOTION for Reconsideration of Sanctions by Deirdre Small, Malikah Alkebulan. (Hart, Lonnie) (Entered: 04/28/2006)

05/05/2006 122 REPLY in Opposition to Small Plaintiff's Motion for Reconsideration of Order Imposing Sanctions by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG(Schoolman, Richard) (Entered: 05/05/2006)

05/09/2006 123 ORDER denying 121 Motion for Reconsideration. The parties are reminded that all documents must be filed in the lead case and the entry spread to any other action involved. Ordered by JudgeMarilyn D. Go on 05/09/06. (Proujansky, Josh) (Entered: 05/09/2006)

05/10/2006

ORDER: A conference will be held on May 16, 2006 at 11:00 a.m. to discuss plaintiffs' April 11, 2006 motion to compel (ct. doc. 86). The parties may appear by telephone if they notify chambers in advance and arrange the conference call. Ordered by Judge Marilyn D. Go on 05/10/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 05/10/2006)

05/11/2006 124 Letter to Magistrate Judge Go re: Consent Adjournment of May 16, 2006 Conference to May 19, 2006 at 11:00 a.m. by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 05/11/2006)

05/22/2006

Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 5/22/2006. Appearances by Diana Embry, Omar Mohammedi and Ravinder Bhalla (by tel), Kevin Satterfield, Richard Schoolman. Oral argument heard. Plaintiff's motion to compel is granted as to the notes of Sidberry and denied without prejudice as to the documents withheld on privilege grounds. Defendants must supplement their privilege log and provide the notes by 5/26/06. The court will entertain a renewed motion to compel provided the parties confer in good faith. (Tape #ESR 06/12 4581-6540.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)

05/22/2006

SCHEDULING ORDER: In light of the rulings made at the conference on 5/19/06, fact discovery is further extended to 6/22/06. The next conference will be held on 6/23/2006 at 11:00 AM. Ordered by Judge Marilyn D. Go on 5/22/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)

05/26/2006 125 Letter to Judge Dolan Go by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 05/26/2006)

06/01/2006

NOTICE: The conference scheduled for June 23, 2006 will be held at 11:30 a.m. instead of 11:00 a.m. The parties should confirm this time change with each other. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/01/2006)

06/06/2006 126 Letter dated June 6, 2006, to Judge Dolan Go by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 06/06/2006)

06/20/2006 127 MOTION for Protective Order Enforcement by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/20/2006)

06/22/2006 128 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) by United States of America. (Attachments: # 1 Exhibits 1 through 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/22/2006)

06/23/2006

129 Minute Entry: Status Conference held on 6/23/2006 before MJ Marilyn D. Go. Appearances by counsel of record in all cases. Fact discovery is extended to 8/16/06 and expert discovery is extended to 9/29/06. If the parties are unable to resolve the issue raised in plaintiff's motion for a protective order, defendants response is due 7/7/06 and any reply is due 7/13/06. Defendants' opposition to plaintiff's motion to compel documents asserted to be privileged must be faxed by 6/28/06 and any reply is due 7/6/06. Defendants must provide copies of the disputed documents to the Court for in camera review. Plaintiff Lewis must serve her narrowed interrogatories by 6/30/06 and is warned that she must prompt attempt to resolve and disputes and move to compel, if necessary. Plaintiff U.S. must move to compel by 7/17/06 as to any other unresolved discovery issue and a response is due 7/21/06. Next conference scheduled for Oct. 4, 2006 at 10:30 a.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/23/2006)

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06/23/2006

Motions terminated per minute entry dated 5/22/06: 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 06/23/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 06/23/2006)

07/06/2006

130 RESPONSE in Support re 104 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) filed by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/06/2006)

07/13/2006 131 RESPONSE in Support re 102 MOTION for Protective Order Enforcement filed by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/13/2006)

07/24/2006 132 First MOTION for Leave to Appear Pro Hac Vice by Carl L. Williams, Esq. Filing fee $ 25, receipt number 1916328. by all plaintiffs. (Attachments: # 1 Exhibit certificate of good standing)(Scott, Armani) (Entered: 07/24/2006)

08/30/2006 133 ORDER granting 114 Motion for Extension of Time to File Response/Reply. the plaintiff United States must file its response to the defendants' request for Pre Motion Conference about a Motion to Dismiss MTA as a defendant on or before 09-7-06 . Ordered by JudgeSandra L. Townes on 8/25/06. (Sica, Michele) (Entered: 08/30/2006)

09/07/2006

SECOND CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdradr@optonline.net". Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Lee, Tiffeny) (Entered: 09/07/2006)

10/04/2006

Minute Entry for status conference held before Marilyn D. Go on 10/4/2006. Appearances by counsel of record. Discovery is completed except for deposition of Dr. McLeod, the expert of some individual plaintiffs. Depositions must be conducted by 10/27/06. Counsel for the individual plaintiffs advised that a successful mediation of action brought by the federal plaintiff may also result in resolution of the actions by other plaintiffs. Next conference scheduled for Nov. 9, 2006 at 2:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 10/04/2006)

11/06/2006

134 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Change in Date for Mediation and Request to Reschedule Post-Mediation Telephone Status Conference by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 11/06/2006)

11/06/2006

ORDER endorsed on 121 Letter filed by United States of America. The next conference is adjourned to Dec. 21, 2006 at 10:00 a.m. Ordered by Judge Marilyn D. Go on 11/6/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 11/06/2006)

11/07/2006 135 RESPONSE to Motion re 120 Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibits 1-5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 11/07/2006)

11/10/2006

136 REPLY to Response to Motion re 120 Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibit 1)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Mohammedi, Omar) (Entered: 11/10/2006)

12/21/2006

Minute Entry: Telephone Conference held on 12/21/2006 before MJ Marilyn D. Go. Appearances by Diane Embry, Amardeep Singh Balla, Richard Schoolman. The parties urged in settlement discussions to reconsider their positions and to schedule a further conference. Letters requesting a pre-motion conference must be filed by 1/19/07 and any response must be filed by 1/26/07. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Capobianco, Jean) (Entered: 12/21/2006)

12/29/2006

137 ORDER granting in part and denying in part (128) Motion to Compel in case 1:03-cv-02139-SLT-MDG; granting in part and denying in part (65) Motion to Compel in case 1:04-cv-02294-SLT-MDG; granting in part and denying in part (79) Motion to Compel in case 1:04-cv-02331-SLT-MDG; granting in part and denying in part (104) Motion to Compel in case 1:04-cv-04237-SLT-MDG; granting in part and denying in part (54) Motion to Compel in case 1:05-cv-03341-SLT-MDG; granting in part and denying in part (27) Motion to Compel in case 1:05-cv-05477-SLT-MDG. Ordered by Judge Marilyn D. Go on 12/29/06. (Proujansky, Josh) (Entered: 12/29/2006)

01/18/2007 138 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre-Motion Conference Letters to Judge Townes, and the Replies to Such Letters by all defendants. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 01/18/2007)

01/18/2007

ORDER granting (128) Motion for Extension of Time to File in 04-4236; (39) in 1:05-cv-05477-SLT-MDG. The time for filing pre-motion conference letters is extended to 2/2/07. Any response must be filed by 2/23/07. Ordered by Judge Marilyn D. Go on 1/18/07. (Go, Marilyn) (Entered: 01/18/2007)

01/18/2007

Motions terminated: 138 MOTION for Extension of Time to File filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino.**See Order by Judge Marilyn D. Go on 01/18/07.** (Frullo, Veronica) (Entered: 06/13/2007)

01/30/2007

Motions terminated: 113 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 05/22/06. (Frullo, Veronica) (Entered: 01/30/2007)

01/30/2007 139 ORDER granting 132 Motion of Carl L. Williams for Leave to Appear pro hac vice as counsel for plaintiffs. Ordered by Judge Marilyn D. Go on 1/30/07. (Go, Marilyn) (Entered: 01/30/2007)

02/01/2007 140 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 02/01/2007)

02/02/2007 141 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG (Schoolman, Richard) (Entered: 02/02/2007)

02/06/2007 142 TRANSCRIPT of Civil Cause for Conference held on 5/22/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)

02/06/2007 143 TRANSCRIPT of Civil Cause for Conference held on 6/23/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)

02/08/2007 144 Letter Correction of Typographical Error in Pre-Motion Conference Request Letter by New York City Transit Authority, New York City Transit Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG, 1:04-cv-02294-SLT-MDG, 1:04-cv-02331-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 02/08/2007)

02/14/2007 145 Consent MOTION for Extension of Time to File Response/Reply of Plaintiffs' to Defendants' Requests for a Pre-Motion Conference in Related Cases Pending Pre-Motion Conference in Lead Case by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 02/14/2007)

03/09/2007 146 RESPONSE to Motion re (64 in 1:05-cv-03341-SLT-MDG, 130 in 1:04-cv-04237-SLT-MDG, 140 in 1:03-cv-02139-SLT-MDG, 77 in 1:04-cv-02294-SLT-MDG, 40 in 1:05-cv-05477-SLT-MDG, 92 in 1:04-cv-02331-SLT-MDG) MOTION for Hearing filed by United States of America. (Attachments: # 1 Response to TA's Draft Rule 56.1 Statement of Facts) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 03/09/2007)

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03/31/2007

Motions terminated: 127 MOTION for Protective Order Enforcement filed by United States of America. See Order by Judge Marilyn D. Go on 03/31/07. (Frullo, Veronica) (Entered: 04/02/2007)

04/24/2007 147 SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel who will try the case appear for a Pre-motion Conference on June 27, 2007 at 10:00am before the Honorable Sandra L. Townes, U.S.D.J. Ordered by Judge Sandra L. Townes on 04/24/07. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Frullo, Veronica) (Entered: 04/24/2007)

04/24/2007

Motions terminated: 141 MOTION for Hearing filed by New York City Transit Authority, New York Metropolitan Transportation Authority, 140 MOTION for Hearing filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino.** Order by Judge Sandra L. Townes on 04/24/07.** (Frullo, Veronica) (Entered: 06/13/2007)

06/27/2007 148 Minute Entry for proceedings held before Hon. Sandra L. Townes: Pre Motion Conference held on 6/27/2007. AUSA Diana Embrey; Defense counsel for all sides present. Plaintiff to file pre-motion letter by 7/6/2007, response due 7/20/07. (Court Reporter Fred Guerino.) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Clarke, Melonie) (Entered: 06/28/2007)

07/05/2007 149 Letter to Hon. Judge Townes from Richard Schoolman re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 07/05/2007)

07/06/2007 150 Letter to Hon. Townes from Richard Schoolman re: Defendant's Supplemental Letter on Its Proposed Summary Judgment Motion (Small) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)

07/16/2007 151 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Requests for a Pre-Motion Conference on Defendants' Summary Judgment Motions by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 07/16/2007)

08/03/2007 152 Letter from Diana L. Embrey to Honorable Sandra L. Townes re: Plaintiff United States' Response to Defendants' July 5, 2007 Clarification of its February 1, 2007 Request for a Pre-Motion Conference on its Summary Judgment Motion by United States of America Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 08/03/2007)

08/03/2007 153 RESPONSE to Motion re 151 MOTION for Extension of Time to File Response/Reply in opposotion of defendants pre-summary judgment motion application filed by all plaintiffs. (Scott, Armani) (Entered: 08/03/2007)

PACER Service Center

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Docket Report

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Lewis v. New York City Transit Authority et al Assigned to: Judge Sandra L. Townes Referred to: Magistrate-Judge Marilyn D. Go Lead case: 1:04-cv-04237-SLT-MDG Member case: (View Member Case) related Cases: 1:03-cv-02139-SLT-MDG
1:05-cv-03341-SLT-MDG Cause: 42:2000e Job Discrimination (Employment) Plaintiff Stephanie Lewis
V. Defendant New York City Transit Authority
Defendant Richard Dicciarello
Defendant Richard Herman
Defendant Steve Lopiano
Defendant

U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:04-cv-02331-SLT-MDG
Date Filed: 06/07/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant
represented by Omar T. Mohammedi Law Firm of Omar T. Mohammedi 233 Broadway Suite 801 New York, NY 10279 212-725-3846 Fax: 212-725-9160 Email: omohammedi@otmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ally Hack The Law Firm of Omar T. Mohammedi 200 Madison Avenue New York, NY 10016 212-725-3846 Fax: 212-725-9160 Email: allyhaq@aol.com ATTORNEY TO BE NOTICED
represented by Richard Schoolman New York Transit Authority Law Dept. 130 Livingston Street 12th floor Brooklyn, NY 11201 (718)694-4667 Fax: 718-694-5727 Email: Richard.Schoolman@nyct.com ATTORNEY TO BE NOTICED
Rhonda J. Moll Metropolitan Transportation Authority 347 Madison Avenue New York, NY 10017 (212) 878-1036 Fax: 212-878-0147 Email: rmoll@mtahq.org ATTORNEY TO BE NOTICED
represented by Rhonda J. Moll (See above for address) ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED
represented by Rhonda J. Moll (See above for address) ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED
represented by Rhonda J. Moll (See above for address) ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED

CONSOLIDATED

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Tommy Davis
Defendant Benny Pepprino

represented by Rhonda J. Moll (See above for address) ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED
represented by Rhonda J. Moll (See above for address) ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED

Date Filed #

Docket Text

06/07/2004
06/07/2004 09/16/2004 10/06/2004 10/08/2004 10/26/2004 11/05/2004 11/05/2004 01/05/2005 03/07/2005 04/07/2005 04/07/2005 04/11/2005 04/11/2005 05/09/2005 06/29/2005 07/01/2005 07/05/2005 07/22/2005 07/29/2005 08/01/2005 08/02/2005 08/03/2005 08/05/2005 08/11/2005 08/15/2005 09/07/2005
09/14/2005

1 COMPLAINT against Tommy Davis, Richard Dicciarello, Richard Herman, Steve Lopiano, New York City Transit Authority, Benny Pepprino filing fee $ 150, receipt number 294998, filed by Stephanie Lewis. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) Modified on 11/8/2004 to indicate that a Jury Trial was demanded on Page 18. (Vaughn, Terry). (Entered: 06/08/2004)
Summons Issued as to Tommy Davis, Richard Dicciarello, Richard Herman, Steve Lopiano, New York City Transit Authority, Benny Pepprino. (Bowens, Priscilla) (Entered: 06/08/2004)
2 SUMMONS Returned Executed by Stephanie Lewis. New York City Transit Authority served on 9/16/2004, answer due 10/6/2004. (Chee, Alvin) (Entered: 09/20/2004)
3 STIPULATION For Adjournment Of Time To Respond To Complaint by New York City Transit Authority. (Moll, Rhonda) (Entered: 10/06/2004)
5 DEMAND for Trial by Jury by Stephanie Lewis: letter from Omar Mohammedi dated 10/5/04 stating that jury trial demand was requested in the Complaint on page 18. (Vaughn, Terry) (Entered: 11/08/2004)
4 ANSWER to Complaint by New York City Transit Authority.(Moll, Rhonda) (Entered: 10/26/2004)
6 Letter dated 11/2/04 from Omar T. Mohammedi to Robert C. Heinemann, requesting reassignment and consolidation of this action with related cases 03 cv 2139 and 04 cv 4237. (Piper, Francine) (Entered: 11/09/2004)
7 Letter dated 11/3/04 from Omar Mahammedi, Esq. to Clerk of Court providing notice that the complaint entered on 6/7/04 incorrectly states that no jury trial was demanded. (Chee, Alvin) (Entered: 11/22/2004)
Case reassigned to Judge Sandra L. Townes. Judge Edward R. Korman no longer assigned to the case. (Bowens, Priscilla) (Entered: 01/11/2005)
8 ORDER: An initial conference will be held in the above case on April 12, 2005 at 11:00 a.m. as per attached order.Signed by Judge Marilyn D. Go on 04-2331. (DeVeaux, Yvonne) (Entered: 03/07/2005)
9 NOTICE by New York City Transit Authority Defendants' Response to "Plaintiffs' Joint Status Update" (Schoolman, Richard) (Entered: 04/07/2005)
10 NOTICE by New York City Transit Authority Notice of Appearance of Additional Attorney for Defendant and Information for ECF Purposes (Schoolman, Richard) (Entered: 04/07/2005)
Case reassigned to Judge Steven M. Gold. Judge A. Simon Chrein no longer assigned to the case. (Bowens, Priscilla) (Entered: 04/11/2005)
Per the e-mail from MJ Go's chambers: Mag. Judge Marilyn D. Go, who is assigned to the earlier case 03-cv-2139, added. Mag. Judge Steven M. Gold no longer assigned to case. (Vaughn, Terry) (Entered: 04/11/2005)
TRANSCRIPT of Civil Cause For Conference Proceedings held on 4/12/05 before Judge Go. (see doc # 65 in case# 03-cv-2139) (Sica, Michele) (Entered: 05/10/2005)
11 Letter MOTION to Amend/Correct the Complaint by Stephanie Lewis. (Attachments: # 1)(Hack, Ally) (Entered: 06/29/2005)
12 Letter from RJMoll to Judge Go Regarding Leave to Amend Complaint. (Moll, Rhonda) (Entered: 07/01/2005)
13 Letter from The Law Firm of Omar T. Mohammedi to Judge Go's Chambers Regarding response to Defendants' 7-1-05 letter. (Hack, Ally) (Entered: 07/05/2005)
14 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding adjustment of discovery schedule. (Schoolman, Richard) (Entered: 07/22/2005)
15 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Reply Letter to Judge Go re Adjustment of Discovery Schedule. (Schoolman, Richard) (Entered: 07/29/2005)
16 ORDER REFERRING MOTION: 11 Letter MOTION to Amend/Correct the Complaint filed by Stephanie Lewis . Ordered by Judge Sandra L. Townes on 07/27/05. (Frullo, Veronica) (Entered: 08/01/2005)
17 Letter from Rhonda Moll to Judges Townes and Go Regarding Court Orders. (Attachments: # 1 copies of orders)(Moll, Rhonda) (Entered: 08/02/2005)
ORDER: the Order of this Court, dated July 20, 2005, directing defense counsel to respond to the plaintiff's request for a pre-motion conference is hereby withdrawn as this matter has been referred to Magistrate Judge Go. Ordered by Judge Sandra L. Townes on 8/3/05. (Townes, Sandra) (Entered: 08/03/2005)
18 ORDER Deft. has seven days from the date of issuance of this order to respond to pltff's request for a pre motion conf.. Ordered by Judge Sandra L. Townes on 7/20/05. (Jackson, Ramona) (Entered: 08/05/2005)
19 Letter from Ally Hack to Judge Townes and Judge Go Regarding Multiple Orders. (Hack, Ally) (Entered: 08/11/2005)
20 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding Supplemental Letter About Adjusment of Discovery Schedule (dated 8-15-05). (Attachments: # 1 Request for Pre Motion Conference to Discuss Defendant's Motion Dismiss (dated 8-12-05))(Schoolman, Richard) (Entered: 08/15/2005)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 9/7/2005. Appearances by counsel of record in the 4 consolidated cases. U.S. v. NYC Transit Auth., CV 04-4237 is designated the lead case in these cases consolidated for pretrial and discovery purposes. All submissions concerning joint pretrial and discovery matters, except in connection with pleadings, should be filed in the lead case. Fact discovery is extended to 12/15/05. Expert discovery is extended as follows: medical/psychological expert reports and disclosures of the individual plaintiffs served by 10/31/05 and defendants' rebuttal medical/psychological expert reports and disclosures served by 1/20/06; remaining reports and disclosures of plaintiffs' experts (liability and economic) served by 1/31/06 and defendants' remaining rebuttal expert reports and disclosures served by 3/31/06. The individual plaintiffs other than Lewis must give notice by 12/15/05 whether they intend to retain an economic expert. Plaintiff Lewis must provide defendants with a copy of the proposed amended or supplemental complaint by 9/13/05 and defendants must advise by 9/15/05 if they consent to such pleading. If not, Lewis must file a motion for leave to file by 9/19/05; opposing papers are due 9/26/05 and any reply by 9/30/05. The parties must be prepared to discuss settlement at the next conference scheduled for Sept. 27, 2005 at 11:00 a.m. (Tape #05/92 807-6118.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/07/2005)
21 Letter from Ally Hack to Judge Go Regarding Re-Scheduling of September 27, 2005 Settlement Conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/14/2005)

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09/15/2005 09/16/2005 09/19/2005 09/19/2005 09/27/2005 09/29/2005 09/30/2005
10/11/2005 10/13/2005 10/14/2005 10/14/2005 10/17/2005 10/17/2005 10/19/2005 10/24/2005 10/24/2005 10/27/2005
11/04/2005 11/04/2005 11/07/2005 11/09/2005
11/15/2005 11/17/2005 11/22/2005
11/23/2005
12/01/2005 12/05/2005 12/06/2005 12/07/2005

22 Letter from Rhonda Moll to Honorable Marilyn Dolan Go Regarding Proposed Amended Complaint. (Moll, Rhonda) (Entered: 09/15/2005)
23 Letter from Omar T. Mohammedi to Judge Go Regarding Rhonda Moll's Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/16/2005)
24 Letter from Ally Hack to Judge Go Regarding Deadline for Motion for Leave to Amend the Complaint. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/19/2005)
ORDER re 31 Letter. The time for plaintiff Lewis to file a motion for leave to file an amended complaint is extended to 9/26/05; opposing papers are due 10/3/05 and any reply by 10/7/05. Counsel are reminded that future requests for extensions must comply with chambers rule 2E. Ordered by Judge Marilyn D. Go on 9/19/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/19/2005)
25 Letter from Rhonda Moll to The Honorable Marilyn Dolan Go Regarding request for extension of time. (Moll, Rhonda) (Entered: 09/27/2005)
ORDER re 25 Letter. Defendants' opposing papers to the motion to amend must be served by 10/11/05 and any reply by 10/15/05. Ordered by Judge Marilyn D. Go on 9/29/05. (Go, Marilyn) (Entered: 09/29/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 9/29/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Oct. 19, 2005 at 3:30 p.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 09/30/2005)
26 MEMORANDUM in Opposition to Plaintiff's Motion for Leave to File Her First Amended Complaint and Affidavit of Rhonda Moll by New York City Transit Authority. (Moll, Rhonda) (Entered: 10/11/2005)
27 Letter MOTION for Protective Order Enforcement and Extension by all plaintiffs. (Attachments: # 1 Exhibits 1 through 8# 2 Proposed Protective Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 10/13/2005)
28 Letter from Plaintiffs to Judge Go Regarding Extension of time to file reply to Defendants' response. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Hack, Ally) (Entered: 10/14/2005)
29 Letter from Victor Levy to Hon. Marilyn D. Go Regarding request for adjournment of settlement conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/14/2005)
ORDER endorsed on 37 Letter. The next conference to discuss settlement is adjourned to Nov. 8, 2005 at 3:00 p.m. Ordered by Judge Marilyn D. Go on 10/17/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 10/17/2005)
ORDER endorsed on 36 Letter. The time for plaintiff Lewis to file reply papers is extended to 10/24/05. Ordered by Judge Marilyn D. Go on 10/17/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Go, Marilyn) (Entered: 10/17/2005)
30 Letter from Victor Levy to Hon. Marilyn D. Go Regarding Defendant's request for additional time to respond to Plaintiff's Joint Letter Motion dated 10/13/2005. (Attachments: # 1 letter to attorney Bhalla regarding speaking to station agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/19/2005)
31 REPLY to Response to Motion re 11 Letter MOTION to Amend/Correct the Complaint Formal Motion filed on September 26, 2005 filed by Stephanie Lewis. (Hack, Ally) (Entered: 10/24/2005)
32 AFFIDAVIT and Memorandum of Law supporting Motion for Leave to Amend the Complaint by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Hack, Ally) (Entered: 10/24/2005)
33 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding letter opposing plaintiff's motion "to enforce and to extend" prior order of M.J. Chrein. (Attachments: # 1 Exhibit 1- Wood's Deposition Transcipt pages 65-66# 2 Exhibit 2- DeGuzman Memo of 10/13/05# 3 Exhibit 3- Singh Memo of 10/13/05 & Bhalla Letter of 10/6/05# 4 Exhibit 4- Schoolman Letter of 10/8/05# 5 Exhibit 5- Singh Memo of 4/21/05)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 10/27/2005)
34 Consent MOTION for Extension of Time to File Response/Reply as to 41 Letter, by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/04/2005)
ORDER granting 42 Motion for Extension of Time to File Response/Reply. Plaintiff's responses are due by 11/18/2005. Ordered by JudgeMarilyn D. Go on 11/4/05. (Go, Marilyn) (Entered: 11/04/2005)
35 REPLY to Response to Motion re 34 Letter MOTION for Protective Order Enforcement and Extension filed by all plaintiffs. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/07/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 11/8/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Nov. 22, 2005 at 1:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/09/2005)
36 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding enclosing current uniform policy bulletins. (Attachments: # 1 Bulletins for Bus & Train Operators, Station Agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/15/2005)
37 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding United States' Opposition to Defendant's November 3, 2005 Motion to Compel. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/17/2005)
Minute Entry for Telephone Conference held before Marilyn D. Go on 11/22/2005 Appearances by counsel of record. Settlement is not possible at this time. Next conference scheduled for Dec. 16, 2005 at 11:00 a.m. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/22/2005)
38 Letter from Richard Schoolman to Hon. Marilyn D. Go. Regarding joint request for 28-Day extension of discovery and re-setting of conference currently scheduled for December 16, 2005. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/23/2005)
39 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Plaintiffs' Opposition to Defendant's November 28, 2005 Motion to Compel. (Attachments: # 1 Exhibits 1 through 3)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/01/2005)
40 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding supplement to Schoolman's 11/23/05 letter presenting all-party application to extend discovery by 28 Days. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/05/2005)
PLEASE DISREGARD THERE IS NO DOCUMENT; (Guzzi, Roseann). (Entered: 12/06/2005)
41 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' December 5, 2005 Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)

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12/07/2005 12/07/2005 12/15/2005
12/15/2005 12/20/2005
01/09/2006
01/09/2006 01/17/2006
02/03/2006 02/07/2006 02/09/2006 02/09/2006 02/10/2006 02/16/2006 03/10/2006
03/13/2006
03/13/2006 03/22/2006
03/23/2006 03/30/2006 03/30/2006 03/31/2006
04/03/2006 04/03/2006 04/05/2006 04/07/2006 04/10/2006 04/10/2006

42 NOTICE by United States of America of Appearance for Reid A. Cox and Withdrawal of Louis Lopez and Shaarik H. Zafar Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
43 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding latest version of uniform policy for transit authority train operators. (Schoolman, Richard) (Entered: 12/07/2005)
NOTICE: In the event of a transit strike, conferences will automatically be adjourned. However, if counsel are able to participate in person or by phone they should try to confer with all other attorneys and notify the Court (718-26-2550) that the conference can be held as scheduled. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 12/15/2005)
ORDER endorsed on 47 Letter. Discovery is extended to 1/12/06 and the next conference is adjourned to Jan. 13, 2006 at 11;30 a.m. Ordered by Judge Marilyn D. Go on 12/15/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 12/15/2005)
44 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding reply in Further Support of Transit Authority Application to Compel Deposition of Kevin Harrington in His Own Case. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/20/2005)
ORDER endorsed on 48 Letter. This Court agrees with defendants' arguments that supplemental depositions of D. Small and M. Alkebulan are warranted. Limitations on the length and scope of the depositions, as well as all remaining discovery issues and the schedule for completion of remaining discovery, will be discussed at the next scheduled conference. Ordered by Judge Marilyn D. Go on 1/9/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 01/09/2006)
ORDER granting 55 Motion to Compel. This Court finds that a further deposition of Kevin Harrington is warranted. The scope and length of the deposition will be discussed at the next scheduled conference. Ordered by JudgeMarilyn D. Go on 1/9/06. (Go, Marilyn) (Entered: 01/09/2006)
Minute Entry for status conference held before Marilyn D. Go on 1/13/2006. Appearances by counsel of record. Fact discovery is extended to 4/17/06. Discussion and rulings made on the record on the scope of the re-examination of some of the plaintiffs. The parties must file a status report by April 10, 2006 regarding a proposed schedule and whether there are issues to need to be discussed at conference at the end of fact discovery. All counsel consented to consolidation of Singh v. NYC Transit Authority, CV 2005-5477 for discovery purposes with this action. (Tape #ESR 06/03 614-1294.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 01/17/2006)
45 Letter regarding discovery dispute by New York City Transit Authority. (Moll, Rhonda) (Entered: 02/03/2006)
46 REPLY in Opposition to Defendants' February 3, 2006 letter by Stephanie Lewis. (Hack, Ally) (Entered: 02/07/2006)
47 Letter requesting answer to interrogatory by New York City Transit Authority. (Moll, Rhonda) (Entered: 02/09/2006)
48 REPORT AND RECOMMENDATIONS re 11 Letter MOTION to Amend/Correct the Complaint filed by Stephanie Lewis. I recommend that plaintiff's motion to amend be granted in large part and that she be directed to file an amended complaint containing all her proposed claims except for Title VII claims against Bonnie Bellamay and the three other proposed individual defendants. Objections to R&R due by 2/27/2006. Ordered by Judge Marilyn D. Go on 02/09/06. (Proujansky, Josh) (Entered: 02/09/2006)
Motions terminated: 11 Letter MOTION to Amend/Correct the Complaint filed by Stephanie Lewis,.See report & Recommendation. Ordered by Judge Marilyn D. Go on 2/9/06. (Jackson, Ramona) (Entered: 02/10/2006)
49 REPLY in Opposition Plaintiffs Letter by Stephanie Lewis. (Hack, Ally) (Entered: 02/16/2006)
50 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/10/2006)
51 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/13/2006)
ORDER granting 70 Motion for Extension of Time to File Response/Reply. Plaintiff's response to 69 Letter MOTION for Protective Order is due by 3/22/2006. Ordered by JudgeMarilyn D. Go on 3/13/06. (Go, Marilyn) (Entered: 03/13/2006)
52 RESPONSE in Opposition re 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz filed by United States of America. (Attachments: # 1 Exhibits A through D)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/22/2006)
53 AMENDED COMPLAINT First against all defendants, filed by Stephanie Lewis.(Hack, Ally) (Entered: 03/23/2006)
54 Letter re Discovery Dispute by Stephanie Lewis. (Hack, Ally) (Entered: 03/30/2006)
55 Letter re Discovery Demands by Stephanie Lewis. (Hack, Ally) (Entered: 03/30/2006)
56 Letter concerning Transit Authority Application for Order Precluding Depositions of Transit Authority Officials Fleuranges and Berkowitz by New York Metropolitan Transportation Authority, New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/31/2006)
57 Letter to Judge Dolan Go re: Plaintiff's Discovery Demands by New York City Transit Authority. (Moll, Rhonda) (Entered: 04/03/2006)
58 ANSWER to Amended Complaint by New York City Transit Authority.(Moll, Rhonda) (Entered: 04/03/2006)
59 Letter re: discovery disputes by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 04/05/2006)
60 Letter to Judge Dolan Go regarding Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/07/2006)
61 STATUS REPORT by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/10/2006)
62 STATUS REPORT of All Plaintiffs by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/10/2006)

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04/11/2006 04/13/2006 04/17/2006
04/17/2006 04/18/2006
04/19/2006 04/19/2006 04/19/2006 04/20/2006
05/10/2006
05/11/2006 05/22/2006
05/22/2006
05/23/2006 05/23/2006 05/26/2006 06/01/2006
06/01/2006 06/06/2006 06/06/2006 06/07/2006 06/07/2006 06/14/2006
06/20/2006

63 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes by United States of America. (Attachments: # 1 Exhibits 1 through 12)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/11/2006)
64 STATUS REPORT Supplemental To Status Report Dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/13/2006)
65 RESPONSE in Opposition re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/17/2006)
66 Letter Regarding Correction to Defendants' April 13,2006 Supplement to Status Report by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/17/2006)
67 RESPONSE in Support re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. (Attachments: # 1 Exhibits A - C)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/18/2006)
68 ORDER granting in part and denying in part 34 Motion for Protective Order. Plaintiffs' application is granted only as to extension of the Protective Order to the named plaintiffs in Singh and denied in all other respects. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
69 REPLY in Support of Supplement to Defendant's Status Report dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/19/2006)
70 ORDER granting 63 Motion for sanctions, denying 69 Motion for Protective Order, granting [45 in 04-CV-2331] motion to compel and extending discovery as set forth in order. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
Motions terminated: 50 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz, 27 Letter MOTION for Protective Order Enforcement and Extension filed by Stephanie Lewis,, 34 Consent MOTION for Extension of Time to File Response/Reply as to 41 Letter,, 51 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz.. Ordered by Judge Marilyn D. Go on 04/20/06. (Proujansky, Josh) (Entered: 04/20/2006)
ORDER: A conference will be held on May 16, 2006 at 11:00 a.m. to discuss plaintiffs' April 11, 2006 motion to compel (ct. doc. 86). The parties may appear by telephone if they notify chambers in advance and arrange the conference call. Ordered by Judge Marilyn D. Go on 05/10/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 05/10/2006)
71 Letter to Magistrate Judge Go re: Consent Adjournment of May 16, 2006 Conference to May 19, 2006 at 11:00 a.m. by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 05/11/2006)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 5/22/2006. Appearances by Diana Embry, Omar Mohammedi and Ravinder Bhalla (by tel), Kevin Satterfield, Richard Schoolman. Oral argument heard. Plaintiff's motion to compel is granted as to the notes of Sidberry and denied without prejudice as to the documents withheld on privilege grounds. Defendants must supplement their privilege log and provide the notes by 5/26/06. The court will entertain a renewed motion to compel provided the parties confer in good faith. (Tape #ESR 06/12 4581-6540.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
SCHEDULING ORDER: In light of the rulings made at the conference on 5/19/06, fact discovery is further extended to 6/22/06. The next conference will be held on 6/23/2006 at 11:00 AM. Ordered by Judge Marilyn D. Go on 5/22/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
72 Second MOTION to Compel Defendants to Answer Plaintiff's Third and Fourth Supplemental Demands and Expert Documents Request by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Mohammedi, Omar) (Entered: 05/23/2006)
73 AMENDED DOCUMENT by Stephanie Lewis. Amendment to 98 Second MOTION to Compel Defendants to Answer Plaintiff's Third and Fourth Supplemental Demands and Expert Documents Request to Add Missing Exhibits E, F and G. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Mohammedi, Omar) (Entered: 05/23/2006)
74 Letter to Judge Dolan Go by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 05/26/2006)
NOTICE: The conference scheduled for June 23, 2006 will be held at 11:30 a.m. instead of 11:00 a.m. The parties should confirm this time change with each other. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/01/2006)
75 RESPONSE in Support re 72 Second MOTION to Compel Defendants to Answer Plaintiff's Third and Fourth Supplemental Demands and Expert Documents Request in Opposition to Defendants' Answer filed by Stephanie Lewis. (Mohammedi, Omar) (Entered: 06/01/2006)
76 Letter dated June 6, 2006, to Judge Dolan Go by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 06/06/2006)
ORDER: A telephone conference will be held on 6/9/06 at 1:45 p.m. to discuss 99 plaintiff Lewis' motion to compel. Only the parties in Lewis v. NYCTA, 04-2331 need participate in the conference. Ordered by Judge Marilyn D. Go on 06/06/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:04-cv-02331-SLT-MDG(Proujansky, Josh) (Entered: 06/06/2006)
77 First MOTION to Adjourn Conference Re. Plaintiff's Motion to compel by Stephanie Lewis. (Mohammedi, Omar) (Entered: 06/07/2006)
ORDER granting 77 Motion to Adjourn Conference to June 13, 2006 at 3:00 p.m. Ordered by JudgeMarilyn D. Go on 6/7/06. (Go, Marilyn) (Entered: 06/07/2006)
Minute Entry for telephone discovery hearing held before Marilyn D. Go on 6/13/2006. Appearances by Omar Mohammeddi and Rhonda Moll. Plaintiff Lewis's motion to compel granted in part and denied in part, as stated on the record. Fact discovery is extended to 7/27/06 for the defendants to produce the discovery responses discussed by 6/27/06 and for plaintiff to attempt to resolve dispute over interrogatories by paring down and reformulating interrogatories in excess of the presumptive limit. If no agreement can be reached regarding the interrogatories, a prompt motion must be filed. (Tape #ESR 06/14 3240 - end; 06/15 0-842.) (DeVeaux, Yvonne) (Entered: 06/14/2006)
78 MOTION for Protective Order Enforcement by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/20/2006)

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06/22/2006 06/23/2006
06/23/2006
07/06/2006
07/13/2006 08/30/2006 09/07/2006 10/04/2006
11/01/2006 11/06/2006
11/06/2006
11/06/2006 11/07/2006 11/07/2006 11/10/2006
12/21/2006
12/29/2006
01/18/2007 01/18/2007 01/30/2007 02/01/2007 02/02/2007 02/06/2007 02/06/2007

79 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) by United States of America. (Attachments: # 1 Exhibits 1 through 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/22/2006)
80 Minute Entry: Status Conference held on 6/23/2006 before MJ Marilyn D. Go. Appearances by counsel of record in all cases. Fact discovery is extended to 8/16/06 and expert discovery is extended to 9/29/06. If the parties are unable to resolve the issue raised in plaintiff's motion for a protective order, defendants response is due 7/7/06 and any reply is due 7/13/06. Defendants' opposition to plaintiff's motion to compel documents asserted to be privileged must be faxed by 6/28/06 and any reply is due 7/6/06. Defendants must provide copies of the disputed documents to the Court for in camera review. Plaintiff Lewis must serve her narrowed interrogatories by 6/30/06 and is warned that she must prompt attempt to resolve and disputes and move to compel, if necessary. Plaintiff U.S. must move to compel by 7/17/06 as to any other unresolved discovery issue and a response is due 7/21/06. Next conference scheduled for Oct. 4, 2006 at 10:30 a.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/23/2006)
Motions terminated per minute entry dated 5/22/06: 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 06/23/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 06/23/2006)
81 RESPONSE in Support re 104 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) filed by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/06/2006)
82 RESPONSE in Support re 102 MOTION for Protective Order Enforcement filed by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/13/2006)
83 ORDER granting [114] Motion for Extension of Time to File Response/Reply. the plaintiff United States must file its response to the defendants' request for Pre Motion Conference about a Motion to Dismiss MTA as a defendant on or before 09-7-06 . Ordered by JudgeSandra L. Townes on 8/25/06. (Sica, Michele) (Entered: 08/30/2006)
SECOND CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdradr@optonline.net". Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Lee, Tiffeny) (Entered: 09/07/2006)
Minute Entry for status conference held before Marilyn D. Go on 10/4/2006. Appearances by counsel of record. Discovery is completed except for deposition of Dr. McLeod, the expert of some individual plaintiffs. Depositions must be conducted by 10/27/06. Counsel for the individual plaintiffs advised that a successful mediation of action brought by the federal plaintiff may also result in resolution of the actions by other plaintiffs. Next conference scheduled for Nov. 9, 2006 at 2:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 10/04/2006)
84 Letter MOTION for Discovery For Resolution of Expert Fees by New York City Transit Authority. (Attachments: # 1 Exhibit 1-10)(Moll, Rhonda) (Entered: 11/01/2006)
85 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Change in Date for Mediation and Request to Reschedule Post-Mediation Telephone Status Conference by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 11/06/2006)
ORDER endorsed on [121] Letter filed by United States of America. The next conference is adjourned to Dec. 21, 2006 at 10:00 a.m. Ordered by Judge Marilyn D. Go on 11/6/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 11/06/2006)
86 RESPONSE to Motion re 84 Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit)(Hack, Ally) (Entered: 11/06/2006)
87 RESPONSE to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibits 1-5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 11/07/2006)
88 REPLY to Response to Motion re 84 Letter MOTION for Discovery For Resolution of Expert Fees filed by New York City Transit Authority. (Moll, Rhonda) (Entered: 11/07/2006)
89 REPLY to Response to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibit 1)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Mohammedi, Omar) (Entered: 11/10/2006)
Minute Entry: Telephone Conference held on 12/21/2006 before MJ Marilyn D. Go. Appearances by Diane Embry, Amardeep Singh Balla, Richard Schoolman. The parties urged in settlement discussions to reconsider their positions and to schedule a further conference. Letters requesting a pre-motion conference must be filed by 1/19/07 and any response must be filed by 1/26/07. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Capobianco, Jean) (Entered: 12/21/2006)
90 ORDER granting in part and denying in part (128) Motion to Compel in case 1:03-cv-02139-SLT-MDG; granting in part and denying in part (65) Motion to Compel in case 1:04-cv-02294-SLT-MDG; granting in part and denying in part (79) Motion to Compel in case 1:04-cv-02331-SLT-MDG; granting in part and denying in part (104) Motion to Compel in case 1:04-cv-04237-SLT-MDG; granting in part and denying in part (54) Motion to Compel in case 1:05-cv-03341-SLT-MDG; granting in part and denying in part (27) Motion to Compel in case 1:05-cv-05477-SLT-MDG. Ordered by Judge Marilyn D. Go on 12/29/06. (Proujansky, Josh) (Entered: 12/29/2006)
91 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre-Motion Conference Letters to Judge Townes, and the Replies to Such Letters by all defendants. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 01/18/2007)
ORDER granting (128) Motion for Extension of Time to File in 04-4236; (39) in 1:05-cv-05477-SLT-MDG. The time for filing pre-motion conference letters is extended to 2/2/07. Any response must be filed by 2/23/07. Ordered by Judge Marilyn D. Go on 1/18/07. (Go, Marilyn) (Entered: 01/18/2007)
Motions terminated: 72 Second MOTION to Compel Defendants to Answer Plaintiff's Third and Fourth Supplemental Demands and Expert Documents Request filed by Stephanie Lewis. Ordered by Judge Marilyn D. Go on 06/13/06. (Frullo, Veronica) (Entered: 01/30/2007)
92 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 02/01/2007)
93 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendants' Summary Judgment Motion with attached Draft of Rule 56.1 Statement by all defendants. (Moll, Rhonda) (Entered: 02/02/2007)
94 TRANSCRIPT of Civil Cause for Conference held on 5/22/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)
95 TRANSCRIPT of Civil Cause for Conference held on 6/23/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)

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02/08/2007

96 Letter Correction of Typographical Error in Pre-Motion Conference Request Letter by New York City Transit Authority, New York City Transit Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG, 1:04-cv-02294-SLT-MDG, 1:04-cv-02331-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 02/08/2007)

02/14/2007 97 Consent MOTION for Extension of Time to File Response/Reply of Plaintiffs' to Defendants' Requests for a Pre-Motion Conference in Related Cases Pending Pre-Motion Conference in Lead Case by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 02/14/2007)

03/09/2007

98 RESPONSE to Motion re (64 in 1:05-cv-03341-SLT-MDG, 130 in 1:04-cv-04237-SLT-MDG, 140 in 1:03-cv-02139-SLT-MDG, 77 in 1:04-cv-02294-SLT-MDG, 40 in 1:05-cv-05477-SLT-MDG, 92 in 1:04-cv-02331-SLT-MDG) MOTION for Hearing filed by United States of America. (Attachments: # 1 Response to TA's Draft Rule 56.1 Statement of Facts) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 03/09/2007)

03/23/2007

Motions terminated: 63 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. **See Order by Judge Marilyn D. Go on 05/22/06.** (Frullo, Veronica) (Entered: 03/23/2007)

03/31/2007

Motions terminated: 78 MOTION for Protective Order Enforcement filed by United States of America. See Order by Judge Marilyn D. Go on 03/31/07. (Frullo, Veronica) (Entered: 04/02/2007)

04/24/2007 99 SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel who will try the case appear for a Pre-motion Conference on June 27, 2007 at 10:00am before the Honorable Sandra L. Townes, U.S.D.J. Ordered by Judge Sandra L. Townes on 04/24/07. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Frullo, Veronica) (Entered: 04/24/2007)

06/13/2007

Motions terminated: 91 MOTION for Extension of Time to File filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino.**See Order by Judge Marilyn D. Go on 01/18/07.** (Frullo, Veronica) (Entered: 06/13/2007)

06/13/2007

Motions terminated: 92 MOTION for Hearing filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino, 93 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendants' Summary Judgment Motion with attached Draft of Rule 56.1 Statement filed by Richard Dicciarello, Steve Lopiano, New York City Transit Authority, Tommy Davis, Richard Herman, Benny Pepprino.** See Order by Judge Sandra L. Townes on 04/24/07.** (Frullo, Veronica) (Entered: 06/13/2007)

06/22/2007 100 ORDER granting (120) Motion for Discovery in case 1:04-cv-04237-SLT-MDG [(84) Motion for Discovery in case 1:04-cv-02331-SLT-MDG] and (122) letter response and request for discovery in case 1:04-cv-04237-SLT-MDG [(87) letter response in case 1:04-cv-02331-SLT-MDG] to the extent set forth in order. Ordered by Judge Marilyn D. Go on 6/22/07. (Go, Marilyn) (Entered: 06/22/2007)

06/27/2007 101 Minute Entry for proceedings held before Hon. Sandra L. Townes: Pre Motion Conference held on 6/27/2007. AUSA Diana Embrey; Defense counsel for all sides present. Plaintiff to file pre-motion letter by 7/6/2007, response due 7/20/07. (Court Reporter Fred Guerino.) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Clarke, Melonie) (Entered: 06/28/2007)

07/05/2007 102 Letter to Hon. Judge Townes from Richard Schoolman re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 07/05/2007)

07/05/2007 103 Letter to Hon. Judge Townes from Rhonda Moll re: Defendant's Supplement to Its Pre-Motion Conference Letter of February 2, 2007 by New York City Transit Authority (Schoolman, Richard) (Entered: 07/05/2007)

07/16/2007 104 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Requests for a Pre-Motion Conference on Defendants' Summary Judgment Motions by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 07/16/2007)

08/03/2007 105 Letter from Diana L. Embrey to Honorable Sandra L. Townes re: Plaintiff United States' Response to Defendants' July 5, 2007 Clarification of its February 1, 2007 Request for a Pre-Motion Conference on its Summary Judgment Motion by United States of America Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 08/03/2007)

08/03/2007 106 REPLY in Opposition to TA Pre-Summary Judgment Motion by Stephanie Lewis. (Mohammedi, Omar) (Entered: 08/03/2007)

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U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:05-cv-03341-SLT-MDG

CONSOLIDATED

Harrington v. Reuter et al Assigned to: Judge Sandra L. Townes Referred to: Magistrate-Judge Marilyn D. Go Lead case: 1:04-cv-04237-SLT-MDG Member case: (View Member Case) related Cases: 1:03-cv-02139-SLT-MDG
1:04-cv-02331-SLT-MDG Cause: 42:2000e Job Discrimination (Employment) Plaintiff Kevin Harrington
V. Defendant Lawrence G. Reuter individually and in his official capacity
Defendant New York Metropolitan Transportation Authority
Defendant New York City Transit Authority
Defendant Corporate John Does 1-5
Defendant John Does 1-10

Date Filed: 07/15/2005 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Ravinder S. Bhalla Law Offices of Ravinder S. Bhalla One Newark Street Suite 28 Hoboken, NJ 07030 201-610-9010 Fax: 201-610-9030 Email: rbhalla@rsblawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amardeep Singh Bhalla The Sikh Coalition 396 Broadway Suite 701 New York, NY 10013 212-655-3095 Fax: 212-208-4611 Email: amarbhalla@yahoo.com ATTORNEY TO BE NOTICED
represented by Richard Schoolman New York Transit Authority Law Dept. 130 Livingston Street 12th floor Brooklyn, NY 11201 (718)694-4667 Fax: 718-694-5727 Email: Richard.Schoolman@nyct.com ATTORNEY TO BE NOTICED
represented by Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED
represented by Richard Schoolman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED
represented by Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED

Date Filed #

Docket Text

07/15/2005
07/15/2005
07/15/2005 07/26/2005 07/28/2005 08/02/2005

1 COMPLAINT against John Does 1-10, Lawrence G. Reuter, New York Metropolitan Transportation Authority, New York City Transit Authority, Corporate John Does 1-5 $ 250, filed by Kevin Harrington. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 07/15/2005) Summons Issued as to John Does 1-10, Lawrence G. Reuter, New York Metropolitan Transportation Authority, New York City Transit Authority, Corporate John Does 1-5. (Bowens, Priscilla) (Entered: 07/15/2005)
2 Notice of Related Case Assignment (Bowens, Priscilla) (Entered: 07/15/2005)
Case reassigned to Judge Sandra L. Townes and Marilyn D. Go. Judge Nina Gershon, Kiyo A. Matsumoto no longer assigned to the case. (Brown, Marc) (Entered: 07/26/2005)
4 Letter dated 7/26/05 from Richard Schoolman to Clerk of the Court re: related case. (Guzzi, Roseann) (Entered: 08/02/2005)
3 Letter dtd 7/21/05 from Ravi S. Bhalla to Clerk of the Court Regarding the consolidation of related cases. (Sica, Michele) (Entered: 08/02/2005)

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08/10/2005 08/12/2005 08/29/2005 08/30/2005 08/30/2005
09/07/2005
09/07/2005
09/14/2005 09/14/2005 09/16/2005 09/19/2005 09/19/2005 09/19/2005 09/28/2005 09/30/2005
10/13/2005 10/14/2005 10/17/2005 10/19/2005 10/27/2005
11/04/2005 11/04/2005 11/07/2005 11/09/2005
11/15/2005 11/17/2005

5 ORDER: Initial conference scheduled for September 7, 2005 at 10:30 a.m. as per attached order.Ordered by Judge Marilyn D. Go on 8/10/05. (DeVeaux, Yvonne) (Entered: 08/10/2005)
6 Letter from Richard Schoolman to Hon. Sandra L. Townes Regarding request for pre-motion conference to discuss defendant's motion to dismiss. (Attachments: # 1 Exhibit AComplaint# 2 Exhibit B- L. Reuter Letter Referred to in Complaint# 3 Exhibit C- K. Harrington's EEOC Charge# 4 Exhibit D- M. Connor Affidavit# 5 Exhibit E- Local Rule 56.1 Statement)(Schoolman, Richard) (Entered: 08/12/2005)
7 Letter from Richard Schoolman to Hon. Sandra L. Townes Regarding pre-motion conference in light of expected complaint. (Schoolman, Richard) (Entered: 08/29/2005)
8 Letter from Ravi S. Bhalla to Judge Townes dtd. 8/25/05 Regarding pltff. anticipates filing amended complaint.. (Jackson, Ramona) (Entered: 08/30/2005)
ECF registration forms have been mailed so that all filings may be made electronically. ALL ACTIONS BEFORE THIS COURT are ECF matters. It is MANDATORY that you file all original documents electronically. From this point forward, original documents are REQUIRED to be filed electronically and forward a hard copy, labeled courtesy copy, to chambers. To avoid having your documents returned or chambers being notified of your non-compliance, please adhere to The Judges' Individual Rules of Chambers and Administrative Order 2004-08. Further information on ECF requirements and online ECF registration may be found at the website for the Eastern District of New York at www.nyed.uscourts.gov.. (Jackson, Ramona) (Entered: 08/30/2005)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 9/7/2005. Appearances by counsel of record in the 4 consolidated cases. U.S. v. NYC Transit Auth., CV 04-4237 is designated the lead case in these cases consolidated for pretrial and discovery purposes. All submissions concerning joint pretrial and discovery matters, except in connection with pleadings, should be filed in the lead case. Fact discovery is extended to 12/15/05. Expert discovery is extended as follows: medical/psychological expert reports and disclosures of the individual plaintiffs served by 10/31/05 and defendants' rebuttal medical/psychological expert reports and disclosures served by 1/20/06; remaining reports and disclosures of plaintiffs' experts (liability and economic) served by 1/31/06 and defendants' remaining rebuttal expert reports and disclosures served by 3/31/06. The individual plaintiffs other than Lewis must give notice by 12/15/05 whether they intend to retain an economic expert. Plaintiff Lewis must provide defendants with a copy of the proposed amended or supplemental complaint by 9/13/05 and defendants must advise by 9/15/05 if they consent to such pleading. If not, Lewis must file a motion for leave to file by 9/19/05; opposing papers are due 9/26/05 and any reply by 9/30/05. The parties must be prepared to discuss settlement at the next conference scheduled for Sept. 27, 2005 at 11:00 a.m. (Tape #05/92 807-6118.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/07/2005)
Minute Entry for proceedings held before Marilyn D. Go : Initial Conference Hearing held on 9/7/2005. Appearances by counsel of record. This case is consolidated for discovery and pretrial purposes with four other related cases against the NYC Transit Authority. All pretrial and discovery matters should be filed in the lead consolidated action, U.S. V. NYC Transit Authority, CV 04-4237. Plaintiff is given leave to file by 9/16/05 an amended complaint which pares downs the allegations contained in the original complaint. Next conference scheduled for Sept. 27, 2005 at 11:00 a.m. (Go, Marilyn) (Entered: 09/07/2005)
9 Letter from Ally Hack to Judge Go Regarding Re-Scheduling of September 27, 2005 Settlement Conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/14/2005)
10 AMENDED COMPLAINT (FIRST) against John Does 1-10, New York City Transit Authority, Corporate John Does 1-5, filed by Kevin Harrington.(Bhalla, Ravinder) (Entered: 09/14/2005)
11 Letter from Omar T. Mohammedi to Judge Go Regarding Rhonda Moll's Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/16/2005)
12 Letter from Richard Schoolman to Hon. Sandra L. Townes Regarding withdrawal of request for pre-motion conference. (Schoolman, Richard) (Entered: 09/19/2005)
13 Letter from Ally Hack to Judge Go Regarding Deadline for Motion for Leave to Amend the Complaint. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Hack, Ally) (Entered: 09/19/2005)
ORDER re 31 Letter. The time for plaintiff Lewis to file a motion for leave to file an amended complaint is extended to 9/26/05; opposing papers are due 10/3/05 and any reply by 10/7/05. Counsel are reminded that future requests for extensions must comply with chambers rule 2E. Ordered by Judge Marilyn D. Go on 9/19/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 09/19/2005)
14 ANSWER to Amended Complaint by New York City Transit Authority.(Schoolman, Richard) (Entered: 09/28/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 9/29/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Oct. 19, 2005 at 3:30 p.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 09/30/2005)
15 Letter MOTION for Protective Order Enforcement and Extension by all plaintiffs. (Attachments: # 1 Exhibits 1 through 8# 2 Proposed Protective Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 10/13/2005)
16 Letter from Victor Levy to Hon. Marilyn D. Go Regarding request for adjournment of settlement conference. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/14/2005)
ORDER endorsed on 37 Letter. The next conference to discuss settlement is adjourned to Nov. 8, 2005 at 3:00 p.m. Ordered by Judge Marilyn D. Go on 10/17/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 10/17/2005)
17 Letter from Victor Levy to Hon. Marilyn D. Go Regarding Defendant's request for additional time to respond to Plaintiff's Joint Letter Motion dated 10/13/2005. (Attachments: # 1 letter to attorney Bhalla regarding speaking to station agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Levy, Victor) (Entered: 10/19/2005)
18 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding letter opposing plaintiff's motion "to enforce and to extend" prior order of M.J. Chrein. (Attachments: # 1 Exhibit 1- Wood's Deposition Transcipt pages 65-66# 2 Exhibit 2- DeGuzman Memo of 10/13/05# 3 Exhibit 3- Singh Memo of 10/13/05 & Bhalla Letter of 10/6/05# 4 Exhibit 4- Schoolman Letter of 10/8/05# 5 Exhibit 5- Singh Memo of 4/21/05)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 10/27/2005)
19 Consent MOTION for Extension of Time to File Response/Reply as to 41 Letter, by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/04/2005)
ORDER granting 42 Motion for Extension of Time to File Response/Reply. Plaintiff's responses are due by 11/18/2005. Ordered by JudgeMarilyn D. Go on 11/4/05. (Go, Marilyn) (Entered: 11/04/2005)
20 REPLY to Response to Motion re 34 Letter MOTION for Protective Order Enforcement and Extension filed by all plaintiffs. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/07/2005)
Minute Entry for settlement conference held before Marilyn D. Go on 11/8/2005. Appearances by counsel of record. Settlement discussions held. Next conference scheduled for Nov. 22, 2005 at 1:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/09/2005)
21 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding enclosing current uniform policy bulletins. (Attachments: # 1 Bulletins for Bus & Train Operators, Station Agents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/15/2005)
22 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding United States' Opposition to Defendant's November 3, 2005 Motion to Compel. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 11/17/2005)

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11/22/2005
11/23/2005
12/01/2005 12/05/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/08/2005 12/09/2005 12/15/2005
12/15/2005 12/15/2005 12/20/2005
01/09/2006
01/09/2006 01/17/2006
02/08/2006 03/10/2006
03/13/2006
03/13/2006 03/22/2006
03/31/2006

Minute Entry for Telephone Conference held before Marilyn D. Go on 11/22/2005 Appearances by counsel of record. Settlement is not possible at this time. Next conference scheduled for Dec. 16, 2005 at 11:00 a.m. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 11/22/2005)
23 Letter from Richard Schoolman to Hon. Marilyn D. Go. Regarding joint request for 28-Day extension of discovery and re-setting of conference currently scheduled for December 16, 2005. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 11/23/2005)
24 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Plaintiffs' Opposition to Defendant's November 28, 2005 Motion to Compel. (Attachments: # 1 Exhibits 1 through 3)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/01/2005)
25 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding supplement to Schoolman's 11/23/05 letter presenting all-party application to extend discovery by 28 Days. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/05/2005)
26 Letter from Diana L. Embrey to Magistrate Judge Marilyn D. Go Regarding Response to Defendants' December 5, 2005 Letter. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
27 NOTICE by United States of America of Appearance for Reid A. Cox and Withdrawal of Louis Lopez and Shaarik H. Zafar Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/07/2005)
28 Letter from Richard Schoolman to Hon. Marilyn D. Go Regarding latest version of uniform policy for transit authority train operators. (Schoolman, Richard) (Entered: 12/07/2005)
29 Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case" by New York City Transit Authority. (Attachments: # 1 Exhibit A- First Amended Complaint# 2 Exhibit B- Plaintiff's Objections & Responses to Defendant's Interrogatories & Plaintiff's Response to Defendant's Request for Production of Documents)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/07/2005)
30 Consent MOTION for Extension of Time to File Response/Reply as to [55] Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case" by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/08/2005)
ORDER granting 56 Motion for Extension of Time to File Response/Reply. Plaintiffs' time to file a Response to [55] Letter MOTION to Compel Deposition of Kevin Harrington is extended to 12/16/2005. Ordered by JudgeMarilyn D. Go on 12/9/05. (Go, Marilyn) (Entered: 12/09/2005)
NOTICE: In the event of a transit strike, conferences will automatically be adjourned. However, if counsel are able to participate in person or by phone they should try to confer with all other attorneys and notify the Court (718-26-2550) that the conference can be held as scheduled. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 12/15/2005)
ORDER endorsed on 47 Letter. Discovery is extended to 1/12/06 and the next conference is adjourned to Jan. 13, 2006 at 11;30 a.m. Ordered by Judge Marilyn D. Go on 12/15/05. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 12/15/2005)
31 RESPONSE in Opposition re [55] Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case" filed by United States of America. (Attachments: # 1 Exhibit A)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-03341-SLT-MDG(Embrey, Diana) (Entered: 12/15/2005)
32 Letter from Richard Schoolman to Hon. Marilyn D. Go, M.J. Regarding reply in Further Support of Transit Authority Application to Compel Deposition of Kevin Harrington in His Own Case. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Schoolman, Richard) (Entered: 12/20/2005)
ORDER endorsed on 48 Letter. This Court agrees with defendants' arguments that supplemental depositions of D. Small and M. Alkebulan are warranted. Limitations on the length and scope of the depositions, as well as all remaining discovery issues and the schedule for completion of remaining discovery, will be discussed at the next scheduled conference. Ordered by Judge Marilyn D. Go on 1/9/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(Go, Marilyn) (Entered: 01/09/2006)
ORDER granting [55] Motion to Compel. This Court finds that a further deposition of Kevin Harrington is warranted. The scope and length of the deposition will be discussed at the next scheduled conference. Ordered by JudgeMarilyn D. Go on 1/9/06. (Go, Marilyn) (Entered: 01/09/2006)
Minute Entry for status conference held before Marilyn D. Go on 1/13/2006. Appearances by counsel of record. Fact discovery is extended to 4/17/06. Discussion and rulings made on the record on the scope of the re-examination of some of the plaintiffs. The parties must file a status report by April 10, 2006 regarding a proposed schedule and whether there are issues to need to be discussed at conference at the end of fact discovery. All counsel consented to consolidation of Singh v. NYC Transit Authority, CV 2005-5477 for discovery purposes with this action. (Tape #ESR 06/03 614-1294.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG(DeVeaux, Yvonne) (Entered: 01/17/2006)
Motions terminated: 29 Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case", 30 Consent MOTION for Extension of Time to File Response/Reply as to [55] Letter MOTION to Compel "Application to Compel Deposition of Kevin Harrington in His Own Case".. Ordered by Judge Marilyn D. Go on 12/9/05. (Jackson, Ramona) (Entered: 02/08/2006)
33 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/10/2006)
34 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/13/2006)
ORDER granting 70 Motion for Extension of Time to File Response/Reply. Plaintiff's response to 69 Letter MOTION for Protective Order is due by 3/22/2006. Ordered by JudgeMarilyn D. Go on 3/13/06. (Go, Marilyn) (Entered: 03/13/2006)
35 RESPONSE in Opposition re 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz filed by United States of America. (Attachments: # 1 Exhibits A through D)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/22/2006)
36 Letter concerning Transit Authority Application for Order Precluding Depositions of Transit Authority Officials Fleuranges and Berkowitz by New York Metropolitan Transportation Authority, New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/31/2006)

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04/05/2006 04/07/2006 04/10/2006 04/10/2006 04/11/2006 04/13/2006 04/17/2006
04/17/2006 04/18/2006
04/19/2006 04/19/2006 04/19/2006 04/20/2006
05/10/2006
05/11/2006 05/22/2006
05/22/2006
05/22/2006 05/26/2006 06/01/2006
06/06/2006 06/20/2006 06/21/2006 06/22/2006

37 Letter re: discovery disputes by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 04/05/2006)
38 Letter to Judge Dolan Go regarding Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/07/2006)
39 STATUS REPORT by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/10/2006)
40 STATUS REPORT of All Plaintiffs by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/10/2006)
41 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes by United States of America. (Attachments: # 1 Exhibits 1 through 12)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/11/2006)
42 STATUS REPORT Supplemental To Status Report Dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/13/2006)
43 RESPONSE in Opposition re [86] MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/17/2006)
44 Letter Regarding Correction to Defendants' April 13,2006 Supplement to Status Report by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/17/2006)
45 RESPONSE in Support re [86] MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. (Attachments: # 1 Exhibits A - C)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/18/2006)
46 ORDER granting in part and denying in part 34 Motion for Protective Order. Plaintiffs' application is granted only as to extension of the Protective Order to the named plaintiffs in Singh and denied in all other respects. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
47 REPLY in Support of Supplement to Defendant's Status Report dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/19/2006)
48 ORDER granting 63 Motion for sanctions, denying 69 Motion for Protective Order, granting [45 in 04-CV-2331] motion to compel and extending discovery as set forth in order. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
Motions terminated: 19 Consent MOTION for Extension of Time to File Response/Reply as to 41 Letter,, 15 Letter MOTION for Protective Order Enforcement and Extension, 33 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz, 34 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz.. Ordered by Judge Marilyn D. Go on 04/20/06. (Proujansky, Josh) (Entered: 04/20/2006)
ORDER: A conference will be held on May 16, 2006 at 11:00 a.m. to discuss plaintiffs' April 11, 2006 motion to compel (ct. doc. 86). The parties may appear by telephone if they notify chambers in advance and arrange the conference call. Ordered by Judge Marilyn D. Go on 05/10/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 05/10/2006)
49 Letter to Magistrate Judge Go re: Consent Adjournment of May 16, 2006 Conference to May 19, 2006 at 11:00 a.m. by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 05/11/2006)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 5/22/2006. Appearances by Diana Embry, Omar Mohammedi and Ravinder Bhalla (by tel), Kevin Satterfield, Richard Schoolman. Oral argument heard. Plaintiff's motion to compel is granted as to the notes of Sidberry and denied without prejudice as to the documents withheld on privilege grounds. Defendants must supplement their privilege log and provide the notes by 5/26/06. The court will entertain a renewed motion to compel provided the parties confer in good faith. (Tape #ESR 06/12 4581-6540.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
SCHEDULING ORDER: In light of the rulings made at the conference on 5/19/06, fact discovery is further extended to 6/22/06. The next conference will be held on 6/23/2006 at 11:00 AM. Ordered by Judge Marilyn D. Go on 5/22/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
Motions terminated: 41 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America.**See Minute Entry before Judge Marilyn D. Go on 05/22/06** (Frullo, Veronica) (Entered: 02/01/2007)
50 Letter to Judge Dolan Go by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 05/26/2006)
NOTICE: The conference scheduled for June 23, 2006 will be held at 11:30 a.m. instead of 11:00 a.m. The parties should confirm this time change with each other. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/01/2006)
51 Letter dated June 6, 2006, to Judge Dolan Go by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 06/06/2006)
52 MOTION for Protective Order Enforcement by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/20/2006)
53 NOTICE of Appearance by Amardeep Singh Bhalla on behalf of all plaintiffs (Bhalla, Amardeep) (Entered: 06/21/2006)
54 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) by United States of America. (Attachments: # 1 Exhibits 1 through 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/22/2006)

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06/23/2006
06/23/2006 06/23/2006 07/06/2006 07/13/2006 08/30/2006 09/07/2006 10/04/2006
11/06/2006 11/06/2006 11/07/2006 11/10/2006 12/21/2006
12/29/2006 01/18/2007 01/18/2007 01/18/2007 02/01/2007 02/02/2007 02/06/2007 02/06/2007 02/08/2007 02/14/2007

55 Minute Entry: Status Conference held on 6/23/2006 before MJ Marilyn D. Go. Appearances by counsel of record in all cases. Fact discovery is extended to 8/16/06 and expert discovery is extended to 9/29/06. If the parties are unable to resolve the issue raised in plaintiff's motion for a protective order, defendants response is due 7/7/06 and any reply is due 7/13/06. Defendants' opposition to plaintiff's motion to compel documents asserted to be privileged must be faxed by 6/28/06 and any reply is due 7/6/06. Defendants must provide copies of the disputed documents to the Court for in camera review. Plaintiff Lewis must serve her narrowed interrogatories by 6/30/06 and is warned that she must prompt attempt to resolve and disputes and move to compel, if necessary. Plaintiff U.S. must move to compel by 7/17/06 as to any other unresolved discovery issue and a response is due 7/21/06. Next conference scheduled for Oct. 4, 2006 at 10:30 a.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/23/2006)
Motions terminated per minute entry dated 5/22/06: [86] MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 06/23/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 06/23/2006)
Motions terminated: 52 MOTION for Protective Order Enforcement filed by United States of America. **See Minute Entry before Judge Marilyn D. Go on 06/23/06.** (Frullo, Veronica) (Entered: 02/01/2007)
56 RESPONSE in Support re [104] MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) filed by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/06/2006)
57 RESPONSE in Support re [102] MOTION for Protective Order Enforcement filed by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/13/2006)
58 ORDER granting [114] Motion for Extension of Time to File Response/Reply. the plaintiff United States must file its response to the defendants' request for Pre Motion Conference about a Motion to Dismiss MTA as a defendant on or before 09-7-06 . Ordered by JudgeSandra L. Townes on 8/25/06. (Sica, Michele) (Entered: 08/30/2006)
SECOND CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdradr@optonline.net". Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Lee, Tiffeny) (Entered: 09/07/2006)
Minute Entry for status conference held before Marilyn D. Go on 10/4/2006. Appearances by counsel of record. Discovery is completed except for deposition of Dr. McLeod, the expert of some individual plaintiffs. Depositions must be conducted by 10/27/06. Counsel for the individual plaintiffs advised that a successful mediation of action brought by the federal plaintiff may also result in resolution of the actions by other plaintiffs. Next conference scheduled for Nov. 9, 2006 at 2:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 10/04/2006)
59 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Change in Date for Mediation and Request to Reschedule Post-Mediation Telephone Status Conference by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 11/06/2006)
ORDER endorsed on [121] Letter filed by United States of America. The next conference is adjourned to Dec. 21, 2006 at 10:00 a.m. Ordered by Judge Marilyn D. Go on 11/6/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 11/06/2006)
60 RESPONSE to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibits 1-5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 11/07/2006)
61 REPLY to Response to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibit 1)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Mohammedi, Omar) (Entered: 11/10/2006)
Minute Entry: Telephone Conference held on 12/21/2006 before MJ Marilyn D. Go. Appearances by Diane Embry, Amardeep Singh Balla, Richard Schoolman. The parties urged in settlement discussions to reconsider their positions and to schedule a further conference. Letters requesting a pre-motion conference must be filed by 1/19/07 and any response must be filed by 1/26/07. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Capobianco, Jean) (Entered: 12/21/2006)
62 ORDER granting in part and denying in part (128) Motion to Compel in case 1:03-cv-02139-SLT-MDG; granting in part and denying in part (65) Motion to Compel in case 1:04-cv-02294-SLT-MDG; granting in part and denying in part (79) Motion to Compel in case 1:04-cv-02331-SLT-MDG; granting in part and denying in part (104) Motion to Compel in case 1:04-cv-04237-SLT-MDG; granting in part and denying in part (54) Motion to Compel in case 1:05-cv-03341-SLT-MDG; granting in part and denying in part (27) Motion to Compel in case 1:05-cv-05477-SLT-MDG. Ordered by Judge Marilyn D. Go on 12/29/06. (Proujansky, Josh) (Entered: 12/29/2006)
63 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre-Motion Conference Letters to Judge Townes, and the Replies to Such Letters by all defendants. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 01/18/2007)
ORDER granting (128) Motion for Extension of Time to File in 04-4236; (39) in 1:05-cv-05477-SLT-MDG. The time for filing pre-motion conference letters is extended to 2/2/07. Any response must be filed by 2/23/07. Ordered by Judge Marilyn D. Go on 1/18/07. (Go, Marilyn) (Entered: 01/18/2007)
Motions terminated: 63 MOTION for Extension of Time to File filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino. **See Order by Judge Marilyn D. Go on 01/18/07** (Frullo, Veronica) (Entered: 02/01/2007)
64 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 02/01/2007)
65 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 02/02/2007)
66 TRANSCRIPT of Civil Cause for Conference held on 5/22/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)
67 TRANSCRIPT of Civil Cause for Conference held on 6/23/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)
68 Letter Correction of Typographical Error in Pre-Motion Conference Request Letter by New York City Transit Authority, New York City Transit Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:03-cv-02139-SLT-MDG, 1:04-cv-02294-SLT-MDG, 1:04-cv-02331-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 02/08/2007)
69 Consent MOTION for Extension of Time to File Response/Reply of Plaintiffs' to Defendants' Requests for a Pre-Motion Conference in Related Cases Pending Pre-Motion Conference in Lead Case by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 02/14/2007)

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03/09/2007 04/24/2007 06/13/2007
06/27/2007 07/05/2007 07/06/2007 07/16/2007 08/03/2007 08/03/2007 08/07/2007

70 RESPONSE to Motion re (64 in 1:05-cv-03341-SLT-MDG, 130 in 1:04-cv-04237-SLT-MDG, 140 in 1:03-cv-02139-SLT-MDG, 77 in 1:04-cv-02294-SLT-MDG, 40 in 1:05-cv-05477-SLT-MDG, 92 in 1:04-cv-02331-SLT-MDG) MOTION for Hearing filed by United States of America. (Attachments: # 1 Response to TA's Draft Rule 56.1 Statement of Facts) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 03/09/2007)
71 SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel who will try the case appear for a Pre-motion Conference on June 27, 2007 at 10:00am before the Honorable Sandra L. Townes, U.S.D.J. Ordered by Judge Sandra L. Townes on 04/24/07. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Frullo, Veronica) (Entered: 04/24/2007)
Motions terminated: 64 MOTION for Hearing filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino, 65 MOTION for Hearing filed by Corporate John Does 1-5, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, John Does 1-10. **See Order by Judge Sandra L. Townes on 04/24/07.** (Frullo, Veronica) (Entered: 06/13/2007)
72 Minute Entry for proceedings held before Hon. Sandra L. Townes: Pre Motion Conference held on 6/27/2007. AUSA Diana Embrey; Defense counsel for all sides present. Plaintiff to file pre-motion letter by 7/6/2007, response due 7/20/07. (Court Reporter Fred Guerino.) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Clarke, Melonie) (Entered: 06/28/2007)
73 Letter to Hon. Judge Townes from Richard Schoolman re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 07/05/2007)
74 Letter to Hon. Townes from Richard Schoolman re: Defendant's Supplemental Letter on Its Proposed Summary Judgment Motion (Harrington) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-03341-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)
75 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Requests for a Pre-Motion Conference on Defendants' Summary Judgment Motions by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 07/16/2007)
76 Letter from Diana L. Embrey to Honorable Sandra L. Townes re: Plaintiff United States' Response to Defendants' July 5, 2007 Clarification of its February 1, 2007 Request for a Pre-Motion Conference on its Summary Judgment Motion by United States of America Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 08/03/2007)
77 RESPONSE to Motion re 65 MOTION for Hearing filed by Kevin Harrington. (Bhalla, Amardeep) (Entered: 08/03/2007)
78 Letter to Hon. Townes re: Defendant's comment on coverage of summary judgment motion by New York Metropolitan Transportation Authority, New York City Transit Authority, New York Metropolitan Transportation Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-03341-SLT-MDG, 1:05-cv-05477-SLT-MDG (Schoolman, Richard) (Entered: 08/07/2007)

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Singh et al v. New York City Transit Authority et al Assigned to: Judge Sandra L. Townes Referred to: Magistrate-Judge Marilyn D. Go Lead case: 1:04-cv-04237-SLT-MDG Member case: (View Member Case) Cause: 42:2000e Job Discrimination (Employment) Plaintiff Inderjit Singh
Plaintiff Jatinder Singh Attari
Plaintiff Brijinder Singh Gill
Plaintiff Satinder Arora
Plaintiff Trilok Arora
V. Defendant New York City Transit Authority

U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:05-cv-05477-SLT-MDG
Date Filed: 11/17/2005 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Ravinder S. Bhalla Law Offices of Ravinder S. Bhalla One Newark Street Suite 28 Hoboken, NJ 07030 201-610-9010 Fax: 201-610-9030 Email: rbhalla@rsblawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amardeep Singh Bhalla The Sikh Coalition 396 Broadway Suite 701 New York, NY 10013 212-655-3095 Fax: 212-208-4611 Email: amarbhalla@yahoo.com ATTORNEY TO BE NOTICED
represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amardeep Singh Bhalla (See above for address) ATTORNEY TO BE NOTICED
represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amardeep Singh Bhalla (See above for address) ATTORNEY TO BE NOTICED
represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amardeep Singh Bhalla (See above for address) ATTORNEY TO BE NOTICED
represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amardeep Singh Bhalla (See above for address) ATTORNEY TO BE NOTICED
represented by Richard Schoolman New York Transit Authority Law Dept. 130 Livingston Street 12th floor Brooklyn, NY 11201 (718)694-4667 Fax: 718-694-5727 Email: Richard.Schoolman@nyct.com LEAD ATTORNEY

CONSOLIDATED

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Defendant Corporate John Does 1-5
Defendant John Does 1-10

ATTORNEY TO BE NOTICED
Kavita K. Bhatt New York City Transit 130 Livingston Street Room 1206 Brooklyn, NY 11201 718-694-3908 Fax: 718-694-5727 Email: kavita.bhatt@nyct.com ATTORNEY TO BE NOTICED
Victor Mitchell Levy New York City Transit Authority 130 Livingston Street Brooklyn, NY 11201 718-694-5716 Fax: 718-694-5727 Email: victor.levy@nyct.com ATTORNEY TO BE NOTICED
represented by Kavita K. Bhatt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED
represented by Kavita K. Bhatt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED

Date Filed #

Docket Text

11/17/2005 11/17/2005 01/03/2006 01/06/2006 01/17/2006 01/17/2006 03/10/2006
03/13/2006
03/13/2006 03/22/2006
03/31/2006
04/05/2006 04/07/2006 04/10/2006

1 COMPLAINT against New York City Transit Authority, Corporate John Does 1-5, John Does 1-10 $ 250, filed by Satinder Arora, Trilok Arora, Inderjit Singh, Jatinder Singh Attari, Brijinder Singh Gill. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 11/29/2005)
Summons Issued as to New York City Transit Authority, Corporate John Does 1-5, John Does 1-10. (Villanueva, William) (Entered: 11/29/2005)
2 ANSWER to Complaint by New York City Transit Authority.(Schoolman, Richard) (Entered: 01/03/2006)
3 ORDER: Initial conference scheduled for January 13, 2006 at 11:45 a.m.Ordered by Judge Marilyn D. Go on 1/6/06. (DeVeaux, Yvonne) (Entered: 01/06/2006)
Minute Entry for initial conference held before Marilyn D. Go on 1/17/2006. Appearances by counsel of record. This action will be consolidated for discovery purposes with U.S.A. V. NYC Transit Authority, CV 2004-4237, the lead action in a pending consolidated action. The discovery schedule set in that case shall apply. (DeVeaux, Yvonne) (Entered: 01/17/2006)
4 Consolidation order. Signed by MJ Go. (Vaughn, Terry) (Entered: 01/17/2006)
5 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/10/2006)
6 Consent MOTION for Extension of Time to File Response/Reply as to [69] Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz by United States of America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/13/2006)
ORDER granting [70] Motion for Extension of Time to File Response/Reply. Plaintiff's response to [69] Letter MOTION for Protective Order is due by 3/22/2006. Ordered by JudgeMarilyn D. Go on 3/13/06. (Go, Marilyn) (Entered: 03/13/2006)
7 RESPONSE in Opposition re [69] Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz filed by United States of America. (Attachments: # 1 Exhibits A through D)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 03/22/2006)
8 Letter concerning Transit Authority Application for Order Precluding Depositions of Transit Authority Officials Fleuranges and Berkowitz by New York Metropolitan Transportation Authority, New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 03/31/2006)
9 Letter re: discovery disputes by Stephanie Lewis. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 04/05/2006)
10 Letter to Judge Dolan Go regarding Plaintiff's Discovery Demands by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 04/07/2006)
11 STATUS REPORT by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/10/2006)

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04/10/2006 04/11/2006 04/13/2006 04/17/2006
04/17/2006 04/18/2006
04/19/2006 04/19/2006 04/19/2006 04/20/2006 05/10/2006
05/11/2006 05/22/2006
05/22/2006
05/26/2006 06/01/2006
06/06/2006 06/20/2006 06/21/2006 06/22/2006 06/22/2006 06/22/2006 06/23/2006

12 STATUS REPORT of All Plaintiffs by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/10/2006)
13 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes by United States of America. (Attachments: # 1 Exhibits 1 through 12)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/11/2006)
14 STATUS REPORT Supplemental To Status Report Dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/13/2006)
15 RESPONSE in Opposition re [86] MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/17/2006)
16 Letter Regarding Correction to Defendants' April 13,2006 Supplement to Status Report by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/17/2006)
17 RESPONSE in Support re [86] MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. (Attachments: # 1 Exhibits A - C)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 04/18/2006)
18 ORDER granting in part and denying in part 34 Motion for Protective Order. Plaintiffs' application is granted only as to extension of the Protective Order to the named plaintiffs in Singh and denied in all other respects. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
19 REPLY in Support of Supplement to Defendant's Status Report dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 04/19/2006)
20 ORDER granting [63] Motion for sanctions, denying [69] Motion for Protective Order, granting [45 in 04-CV-2331] motion to compel and extending discovery as set forth in order. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)
Motions terminated: 5 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz, 6 Consent MOTION for Extension of Time to File Response/Reply as to [69] Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges & Harry Berkowitz.. Ordered by Judge Marilyn D. Go on 04/20/06. (Proujansky, Josh) (Entered: 04/20/2006)
ORDER: A conference will be held on May 16, 2006 at 11:00 a.m. to discuss plaintiffs' April 11, 2006 motion to compel (ct. doc. 86). The parties may appear by telephone if they notify chambers in advance and arrange the conference call. Ordered by Judge Marilyn D. Go on 05/10/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 05/10/2006)
21 Letter to Magistrate Judge Go re: Consent Adjournment of May 16, 2006 Conference to May 19, 2006 at 11:00 a.m. by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 05/11/2006)
Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 5/22/2006. Appearances by Diana Embry, Omar Mohammedi and Ravinder Bhalla (by tel), Kevin Satterfield, Richard Schoolman. Oral argument heard. Plaintiff's motion to compel is granted as to the notes of Sidberry and denied without prejudice as to the documents withheld on privilege grounds. Defendants must supplement their privilege log and provide the notes by 5/26/06. The court will entertain a renewed motion to compel provided the parties confer in good faith. (Tape #ESR 06/12 4581-6540.) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
SCHEDULING ORDER: In light of the rulings made at the conference on 5/19/06, fact discovery is further extended to 6/22/06. The next conference will be held on 6/23/2006 at 11:00 AM. Ordered by Judge Marilyn D. Go on 5/22/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 05/22/2006)
22 Letter to Judge Dolan Go by New York Metropolitan Transportation Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 05/26/2006)
NOTICE: The conference scheduled for June 23, 2006 will be held at 11:30 a.m. instead of 11:00 a.m. The parties should confirm this time change with each other. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/01/2006)
23 Letter dated June 6, 2006, to Judge Dolan Go by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Moll, Rhonda) (Entered: 06/06/2006)
24 MOTION for Protective Order Enforcement by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/20/2006)
25 NOTICE of Appearance by Amardeep Singh Bhalla on behalf of all plaintiffs (Bhalla, Amardeep) (Entered: 06/21/2006)
26 Letter MOTION for Extension of Time to File Response/Reply as to [102] MOTION for Protective Order Enforcement by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 06/22/2006)
27 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) by United States of America. (Attachments: # 1 Exhibits 1 through 5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 06/22/2006)
ORDER granting [103] Motion for Extension of Time. Defendants' Response to [102] MOTION for Protective Order must be filed and faxed to the Court by 4:30 p.m. on 6/28/2006. Ordered by JudgeMarilyn D. Go on 6/22/06. (Go, Marilyn) (Entered: 06/22/2006)
28 Minute Entry: Status Conference held on 6/23/2006 before MJ Marilyn D. Go. Appearances by counsel of record in all cases. Fact discovery is extended to 8/16/06 and expert discovery is extended to 9/29/06. If the parties are unable to resolve the issue raised in plaintiff's motion for a protective order, defendants response is due 7/7/06 and any reply is due 7/13/06. Defendants' opposition to plaintiff's motion to compel documents asserted to be privileged must be faxed by 6/28/06 and any reply is due 7/6/06. Defendants must provide copies of the disputed documents to the Court for in camera review. Plaintiff Lewis must serve her narrowed interrogatories by 6/30/06 and is warned that she must prompt attempt to resolve and disputes and move to compel, if necessary. Plaintiff U.S. must move to compel by 7/17/06 as to any other unresolved discovery issue and a response is due 7/21/06. Next conference scheduled for Oct. 4, 2006 at 10:30 a.m.Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 06/23/2006)

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06/23/2006
07/06/2006
07/07/2006 07/13/2006 07/14/2006 07/18/2006 08/30/2006 09/07/2006 10/04/2006
11/06/2006
11/06/2006
11/07/2006 11/10/2006
12/21/2006
12/29/2006
01/18/2007 01/18/2007 01/30/2007 02/01/2007 02/02/2007 02/06/2007 02/06/2007 02/14/2007 03/09/2007 03/23/2007 03/31/2007

Motions terminated per minute entry dated 5/22/06: [86] MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 06/23/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Proujansky, Josh) (Entered: 06/23/2006)
29 RESPONSE in Support re [104] MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) filed by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/06/2006)
30 RESPONSE in Opposition re [102] MOTION for Protective Order Enforcement filed by New York City Transit Authority. (Attachments: # 1 Exhibit A- RTO Bulletin 66-06# 2 Exhibit B- Release to Use Photograph on MTA NYCTA Materials)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 07/07/2006)
31 RESPONSE in Support re [102] MOTION for Protective Order Enforcement filed by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/13/2006)
32 Letter Settlement Idea in the Reply in Further Support of Trilok Arora Photograph Motion by New York City Transit Authority. Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Schoolman, Richard) (Entered: 07/14/2006)
33 Letter to Magistrate Judge Go in Response to Defendant's July 14, 2006 Letter by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04-cv-04237-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 07/18/2006)
34 ORDER granting [114] Motion for Extension of Time to File Response/Reply. the plaintiff United States must file its response to the defendants' request for Pre Motion Conference about a Motion to Dismiss MTA as a defendant on or before 09-7-06 . Ordered by JudgeSandra L. Townes on 8/25/06. (Sica, Michele) (Entered: 08/30/2006)
SECOND CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdradr@optonline.net". Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Lee, Tiffeny) (Entered: 09/07/2006)
Minute Entry for status conference held before Marilyn D. Go on 10/4/2006. Appearances by counsel of record. Discovery is completed except for deposition of Dr. McLeod, the expert of some individual plaintiffs. Depositions must be conducted by 10/27/06. Counsel for the individual plaintiffs advised that a successful mediation of action brought by the federal plaintiff may also result in resolution of the actions by other plaintiffs. Next conference scheduled for Nov. 9, 2006 at 2:00 p.m. (by tel) Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(DeVeaux, Yvonne) (Entered: 10/04/2006)
35 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Change in Date for Mediation and Request to Reschedule Post-Mediation Telephone Status Conference by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Embrey, Diana) (Entered: 11/06/2006)
ORDER endorsed on [121] Letter filed by United States of America. The next conference is adjourned to Dec. 21, 2006 at 10:00 a.m. Ordered by Judge Marilyn D. Go on 11/6/06. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Go, Marilyn) (Entered: 11/06/2006)
36 RESPONSE to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibits 1-5)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Hack, Ally) (Entered: 11/07/2006)
37 REPLY to Response to Motion re [120] Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibit 1)Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Mohammedi, Omar) (Entered: 11/10/2006)
Minute Entry: Telephone Conference held on 12/21/2006 before MJ Marilyn D. Go. Appearances by Diane Embry, Amardeep Singh Balla, Richard Schoolman. The parties urged in settlement discussions to reconsider their positions and to schedule a further conference. Letters requesting a pre-motion conference must be filed by 1/19/07 and any response must be filed by 1/26/07. Associated Cases: 1:04-cv-04237-SLT-MDG,1:03-cv-02139-SLT-MDG,1:04-cv-02294-SLT-MDG,1:04-cv-02331-SLT-MDG,1:05-cv-03341-SLT-MDG,1:05-cv-05477-SLT-MDG(Capobianco, Jean) (Entered: 12/21/2006)
38 ORDER granting in part and denying in part (128) Motion to Compel in case 1:03-cv-02139-SLT-MDG; granting in part and denying in part (65) Motion to Compel in case 1:04-cv-02294-SLT-MDG; granting in part and denying in part (79) Motion to Compel in case 1:04-cv-02331-SLT-MDG; granting in part and denying in part (104) Motion to Compel in case 1:04-cv-04237-SLT-MDG; granting in part and denying in part (54) Motion to Compel in case 1:05-cv-03341-SLT-MDG; granting in part and denying in part (27) Motion to Compel in case 1:05-cv-05477-SLT-MDG. Ordered by Judge Marilyn D. Go on 12/29/06. (Proujansky, Josh) (Entered: 12/29/2006)
39 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre-Motion Conference Letters to Judge Townes, and the Replies to Such Letters by all defendants. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 01/18/2007)
ORDER granting (128) Motion for Extension of Time to File in 04-4236; (39) in 1:05-cv-05477-SLT-MDG. The time for filing pre-motion conference letters is extended to 2/2/07. Any response must be filed by 2/23/07. Ordered by Judge Marilyn D. Go on 1/18/07. (Go, Marilyn) (Entered: 01/18/2007)
Motions terminated: 26 Letter MOTION for Extension of Time to File Response/Reply as to 102 MOTION for Protective Order Enforcement filed by New York City Transit Authority. Ordered by Judge Marilyn D. Go on 06-22-06. (Frullo, Veronica) (Entered: 01/30/2007)
40 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 02/01/2007)
41 Letter MOTION for Hearing Request for Pre-Motion Conference on Defendant's Summary Judgment Motion by all defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-05477-SLT-MDG (Bhatt, Kavita) (Entered: 02/02/2007)
42 TRANSCRIPT of Civil Cause for Conference held on 5/22/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)
43 TRANSCRIPT of Civil Cause for Conference held on 6/23/06 before Judge Go. Counsel for parties present. Official Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/2007)
44 Consent MOTION for Extension of Time to File Response/Reply of Plaintiffs' to Defendants' Requests for a Pre-Motion Conference in Related Cases Pending Pre-Motion Conference in Lead Case by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 02/14/2007)
45 RESPONSE to Motion re (64 in 1:05-cv-03341-SLT-MDG, 130 in 1:04-cv-04237-SLT-MDG, 140 in 1:03-cv-02139-SLT-MDG, 77 in 1:04-cv-02294-SLT-MDG, 40 in 1:05-cv-05477-SLT-MDG, 92 in 1:04-cv-02331-SLT-MDG) MOTION for Hearing filed by United States of America. (Attachments: # 1 Response to TA's Draft Rule 56.1 Statement of Facts) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 03/09/2007)
Motions terminated: 13 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America.**See Order by Judge Marilyn D. Go on 05/22/06.** (Frullo, Veronica) (Entered: 03/23/2007)
46 ORDER denying (102) Motion for Protective Order in case 1:04-cv-04237-SLT-MDG; denying (24) Motion for Protective Order in case 1:05-cv-05477-SLT-MDG. Ordered by JudgeMarilyn D. Go on 3/31/07. (Go, Marilyn) (Entered: 03/31/2007)

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04/24/2007 06/13/2007
06/27/2007
07/05/2007 07/06/2007 07/16/2007 08/03/2007
08/03/2007 08/07/2007

47 SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel who will try the case appear for a Pre-motion Conference on June 27, 2007 at 10:00am before the Honorable Sandra L. Townes, U.S.D.J. Ordered by Judge Sandra L. Townes on 04/24/07. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Frullo, Veronica) (Entered: 04/24/2007)
Motions terminated: 41 MOTION for Hearing filed by Corporate John Does 1-5, John Does 1-10, New York City Transit Authority, New York Metropolitan Transportation Authority, 40 MOTION for Hearing filed by Richard Dicciarello, Corporate John Does 1-5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1-10, Richard Herman, Benny Pepprino.**See Order by Judge Sandra L. Townes on 04/24/07.** (Frullo, Veronica) (Entered: 06/13/2007)
48 Minute Entry for proceedings held before Hon. Sandra L. Townes: Pre Motion Conference held on 6/27/2007. AUSA Diana Embrey; Defense counsel for all sides present. Plaintiff to file pre-motion letter by 7/6/2007, response due 7/20/07. (Court Reporter Fred Guerino.) Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Clarke, Melonie) (Entered: 06/28/2007)
49 Letter to Hon. Judge Townes from Richard Schoolman re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Schoolman, Richard) (Entered: 07/05/2007)
50 Letter to Hon. Townes from Kavita K. Bhatt re: Clarification of Bases for Defendant's Proposed Summary Judgment Motion (Singh) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-05477-SLT-MDG (Schoolman, Richard) (Entered: 07/06/2007)
51 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Requests for a Pre-Motion Conference on Defendants' Summary Judgment Motions by United States of America. Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 07/16/2007)
52 Letter from Diana L. Embrey to Honorable Sandra L. Townes re: Plaintiff United States' Response to Defendants' July 5, 2007 Clarification of its February 1, 2007 Request for a Pre-Motion Conference on its Summary Judgment Motion by United States of America Associated Cases: 1:04-cv-04237-SLT-MDG et al. (Embrey, Diana) (Entered: 08/03/2007)
53 RESPONSE to Motion re 41 MOTION for Hearing filed by all plaintiffs. (Bhalla, Amardeep) (Entered: 08/03/2007)
54 Letter to Hon. Townes re: Defendant's comment on coverage of summary judgment motion by New York Metropolitan Transportation Authority, New York City Transit Authority, New York Metropolitan Transportation Authority, New York City Transit Authority, New York City Transit Authority Associated Cases: 1:04-cv-04237-SLT-MDG, 1:05-cv-03341-SLT-MDG, 1:05-cv-05477-SLT-MDG (Schoolman, Richard) (Entered: 08/07/2007)

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 Case: 1:05-cv-05477-SLT-MDG As of: 06/04/2012 09:42 AM EDT 1 of 10
CLOSED,CONSOLIDATED
U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:05−cv−05477−SLT−MDG

Singh et al v. New York City Transit Authority et al Assigned to: Judge Sandra L. Townes Referred to: Magistrate Judge Marilyn D. Go Lead case: 1:04−cv−04237−SLT−MDG Member case: (View Member Case) Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 11/17/2005 Date Terminated: 06/01/2012 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Inderjit Singh

represented by Ravinder S. Bhalla Law Offices of Ravinder S. Bhalla One Newark Street Suite 28 Hoboken, NJ 07030 201−610−9010 Fax: 201−610−9030 Email: rbhalla@rsblawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amardeep Singh Bhalla The Sikh Coalition 396 Broadway Suite 701 New York, NY 10013 212−655−3095 Fax: 212−208−4611 Email: amarbhalla@yahoo.com ATTORNEY TO BE NOTICED

Plaintiff Jatinder Singh Attari

represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amardeep Singh Bhalla (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Brijinder Singh Gill

represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amardeep Singh Bhalla (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Satinder Arora

represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amardeep Singh Bhalla

Case: 1:05-cv-05477-SLT-MDG As of: 06/04/2012 09:42 AM EDT 2 of 10

(See above for address) ATTORNEY TO BE NOTICED

Plaintiff Trilok Arora

represented by Ravinder S. Bhalla (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amardeep Singh Bhalla (See above for address) ATTORNEY TO BE NOTICED

V. Defendant New York City Transit Authority
Defendant Corporate John Does 1−5
Defendant John Does 1−10

represented by Richard Schoolman New York Transit Authority Law Dept. 130 Livingston Street 12th floor Brooklyn, NY 11201 (718)694−4667 Fax: 718−694−5727 Email: Richard.Schoolman@nyct.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kavita K. Bhatt New York City Transit 130 Livingston Street Room 1206 Brooklyn, NY 11201 718−694−3908 Fax: 718−694−5727 Email: kavita.bhatt@nyct.com ATTORNEY TO BE NOTICED
Victor Mitchell Levy New York City Transit Authority 130 Livingston Street Brooklyn, NY 11201 718−694−5716 Fax: 718−694−5727 ATTORNEY TO BE NOTICED
represented by Kavita K. Bhatt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Schoolman (See above for address) ATTORNEY TO BE NOTICED
represented by Kavita K. Bhatt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Schoolman

Case: 1:05-cv-05477-SLT-MDG As of: 06/04/2012 09:42 AM EDT 3 of 10
(See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

11/17/2005 1 COMPLAINT against New York City Transit Authority, Corporate John Does 1−5, John Does 1−10 $ 250, filed b Satinder Arora, Trilok Arora, Inderjit Singh, Jatinder Singh Attari, Brijinder Singh Gill. (Attachments: # 1 Civil C Sheet)(Villanueva, William) (Entered: 11/29/2005)

11/17/2005

Summons Issued as to New York City Transit Authority, Corporate John Does 1−5, John Does 1−10. (Villanueva, William) (Entered: 11/29/2005)

01/03/2006 2 ANSWER to Complaint by New York City Transit Authority.(Schoolman, Richard) (Entered: 01/03/2006)

01/06/2006 3 ORDER: Initial conference scheduled for January 13, 2006 at 11:45 a.m.Ordered by Judge Marilyn D. Go on 1/6/0 (DeVeaux, Yvonne) (Entered: 01/06/2006)

01/17/2006

Minute Entry for initial conference held before Marilyn D. Go on 1/17/2006. Appearances by counsel of record. T action will be consolidated for discovery purposes with U.S.A. V. NYC Transit Authority, CV 2004−4237, the lea action in a pending consolidated action. The discovery schedule set in that case shall apply. (DeVeaux, Yvonne) (Entered: 01/17/2006)

01/17/2006 4 Consolidation order. Signed by MJ Go. (Vaughn, Terry) (Entered: 01/17/2006)

03/10/2006

5 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuran &Harry Berkowitz by New York City Transit Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)Associated Cas 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 03/10/2006)

03/13/2006

6 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (o Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges &Harry Berkowitz by United States o America. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 03/13/2006)

03/13/2006

ORDER granting 70 Motion for Extension of Time to File Response/Reply. Plaintiff's response to 69 Letter MOTI for Protective Order is due by 3/22/2006. Ordered by JudgeMarilyn D. Go on 3/13/06. (Go, Marilyn) (Entered: 03/13/2006)

03/22/2006

7 RESPONSE in Opposition re 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaint Depositions of Paul Fleuranges &Harry Berkowitz filed by United States of America. (Attachments: # 1 Exhibits through D)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 03/22/2006)

03/31/2006

8 Letter concerning Transit Authority Application for Order Precluding Depositions of Transit Authority Officials Fleuranges and Berkowitz by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 03/31/2006)

04/05/2006 9 Letter re: discovery disputes by Stephanie Lewis. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Hack, Ally) (Entered: 04/05/2006)

04/07/2006 10 Letter to Judge Dolan Go regarding Plaintiff's Discovery Demands by New York City Transit Authority. Associat Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Moll, Rhonda) (Entered: 04/07/2006)

04/10/2006 11 STATUS REPORT by New York City Transit Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 04/10/2006)

04/10/2006 12 STATUS REPORT of All Plaintiffs by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 04/10/2006)

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04/11/2006 13 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes by United States of America. (Attachments: # 1 Exhibits 1 through 12)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 04/11/2006)

04/13/2006 14 STATUS REPORT Supplemental To Status Report Dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 04/13/2006)

04/17/2006 15 RESPONSE in Opposition re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by New York Metropolitan Transportation Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 04/17/2006)

04/17/2006 16 Letter Regarding Correction to Defendants' April 13,2006 Supplement to Status Report by United States of Ameri (Attachments: # 1 Exhibit)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 04/17/2006)

04/18/2006 17 RESPONSE in Support re 86 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes file by United States of America. (Attachments: # 1 Exhibits A − C)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 04/18/2006)

04/19/2006 18 ORDER granting in part and denying in part 34 Motion for Protective Order. Plaintiffs' application is granted only to extension of the Protective Order to the named plaintiffs in Singh and denied in all other respects. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)

04/19/2006 19 REPLY in Support of Supplement to Defendant's Status Report dated April 10, 2006 by New York City Transit Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 04/19/2006)

04/19/2006 20 ORDER granting 63 Motion for sanctions, denying 69 Motion for Protective Order, granting [45 in 04−CV−2331] motion to compel and extending discovery as set forth in order. Ordered by JudgeMarilyn D. Go on 04/19/06. (Proujansky, Josh) (Entered: 04/19/2006)

04/20/2006

Motions terminated: 5 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges &Harry Berkowitz, 6 Consent MOTION for Extension of Time to File Response/Reply as to 69 Letter MOTION for Protective Order (or Quashing Subpoenas) to Prevent Plaintiff's Depositions of Paul Fleuranges &Harry Berkowitz.. Ordered by Judge Marilyn D. Go on 04/20/06. (Proujansky, J (Entered: 04/20/2006)

05/10/2006

ORDER: A conference will be held on May 16, 2006 at 11:00 a.m. to discuss plaintiffs' April 11, 2006 motion to compel (ct. doc. 86). The parties may appear by telephone if they notify chambers in advance and arrange the conference call. Ordered by Judge Marilyn D. Go on 05/10/06. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Proujansky, Josh) (Entered: 05/10/2006)

05/11/2006 21 Letter to Magistrate Judge Go re: Consent Adjournment of May 16, 2006 Conference to May 19, 2006 at 11:00 a. by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 05/11/2006)

05/22/2006

Minute Entry for proceedings held before Marilyn D. Go : Discovery Hearing held on 5/22/2006. Appearances by Diana Embry, Omar Mohammedi and Ravinder Bhalla (by tel), Kevin Satterfield, Richard Schoolman. Oral argum heard. Plaintiff's motion to compel is granted as to the notes of Sidberry and denied without prejudice as to the documents withheld on privilege grounds. Defendants must supplement their privilege log and provide the notes b 5/26/06. The court will entertain a renewed motion to compel provided the parties confer in good faith. (Tape #ES 06/12 4581−6540.) Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Go, Marilyn) (Entered: 05/22/2006)

05/22/2006

SCHEDULING ORDER: In light of the rulings made at the conference on 5/19/06, fact discovery is further extend to 6/22/06. The next conference will be held on 6/23/2006 at 11:00 AM. Ordered by Judge Marilyn D. Go on 5/22 Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M

Case: 1:05-cv-05477-SLT-MDG As of: 06/04/2012 09:42 AM EDT 5 of 10

1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Go, Marilyn) (Entered: 05/22/2006)

05/26/2006 22 Letter to Judge Dolan Go by New York Metropolitan Transportation Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Moll, Rhonda) (Entered: 05/26/2006)

06/01/2006

NOTICE: The conference scheduled for June 23, 2006 will be held at 11:30 a.m. instead of 11:00 a.m. The parties should confirm this time change with each other. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(DeVeaux, Yvonne) (Entered: 06/01/2006)

06/06/2006 23 Letter dated June 6, 2006, to Judge Dolan Go by New York City Transit Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Moll, Rhonda) (Entered: 06/06/2006)

06/20/2006 24 MOTION for Protective Order Enforcement by United States of America. (Attachments: # 1 Exhibits 1 through 4)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 06/20/2006)

06/21/2006 25 NOTICE of Appearance by Amardeep Singh Bhalla on behalf of all plaintiffs (Bhalla, Amardeep) (Entered: 06/21/2006)

06/22/2006 26 Letter MOTION for Extension of Time to File Response/Reply as to 102 MOTION for Protective Order Enforcem by New York City Transit Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 06/22/2006)

06/22/2006 27 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) by United States of America. (Attachments: # 1 Exhibits 1 through 5)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 06/22/2006)

06/22/2006

ORDER granting 103 Motion for Extension of Time. Defendants' Response to 102 MOTION for Protective Order must be filed and faxed to the Court by 4:30 p.m. on 6/28/2006. Ordered by JudgeMarilyn D. Go on 6/22/06. (Go, Marilyn) (Entered: 06/22/2006)

06/23/2006 28 Minute Entry: Status Conference held on 6/23/2006 before MJ Marilyn D. Go. Appearances by counsel of record i cases. Fact discovery is extended to 8/16/06 and expert discovery is extended to 9/29/06. If the parties are unable t resolve the issue raised in plaintiff's motion for a protective order, defendants response is due 7/7/06 and any reply due 7/13/06. Defendants' opposition to plaintiff's motion to compel documents asserted to be privileged must be fa by 6/28/06 and any reply is due 7/6/06. Defendants must provide copies of the disputed documents to the Court fo camera review. Plaintiff Lewis must serve her narrowed interrogatories by 6/30/06 and is warned that she must pro attempt to resolve and disputes and move to compel, if necessary. Plaintiff U.S. must move to compel by 7/17/06 a any other unresolved discovery issue and a response is due 7/21/06. Next conference scheduled for Oct. 4, 2006 at 10:30 a.m.Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(DeVeaux, Yvonne) (Entered: 06/23/2006)

06/23/2006

Motions terminated per minute entry dated 5/22/06: 86 MOTION to Compel Documents from Sinclair Privilege L and Sidberry Notes filed by United States of America. Ordered by Judge Marilyn D. Go on 06/23/06. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Proujansky, Josh) (Entered: 06/23/2006)

07/06/2006 29 RESPONSE in Support re 104 MOTION to Compel Documents from Sinclair Privilege Log (Renewed Motion) fil by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 07/06/2006)

07/07/2006 30 RESPONSE in Opposition re 102 MOTION for Protective Order Enforcement filed by New York City Transit Authority. (Attachments: # 1 Exhibit A− RTO Bulletin 66−06# 2 Exhibit B− Release to Use Photograph on MTA NYCTA Materials)Associated Cases: 1:04−cv−04237−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Rich (Entered: 07/07/2006)

07/13/2006 31 RESPONSE in Support re 102 MOTION for Protective Order Enforcement filed by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 07/13/2006)

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07/14/2006 32 Letter Settlement Idea in the Reply in Further Support of Trilok Arora Photograph Motion by New York City Tran Authority. Associated Cases: 1:04−cv−04237−SLT−MDG,1:05−cv−05477−SLT−MDG(Schoolman, Richard) (Entered: 07/14/2006)

07/18/2006 33 Letter to Magistrate Judge Go in Response to Defendant's July 14, 2006 Letter by United States of America. (Attachments: # 1 Exhibit)Associated Cases: 1:04−cv−04237−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 07/18/2006)

08/30/2006 34 ORDER granting 114 Motion for Extension of Time to File Response/Reply. the plaintiff United States must file i response to the defendants' request for Pre Motion Conference about a Motion to Dismiss MTA as a defendant on before 09−7−06 . Ordered by JudgeSandra L. Townes on 8/25/06. (Sica, Michele) (Entered: 08/30/2006)

09/07/2006

SECOND CORRECTION MEDIATOR EMAIL ADDRESS. The correct email address of the Mediator, Ruth D. Raisfeld, is "rdradr@optonline.net". Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Lee, Tiffeny) (Entered: 09/07/2006)

10/04/2006

Minute Entry for status conference held before Marilyn D. Go on 10/4/2006. Appearances by counsel of record. Discovery is completed except for deposition of Dr. McLeod, the expert of some individual plaintiffs. Depositions must be conducted by 10/27/06. Counsel for the individual plaintiffs advised that a successful mediation of action brought by the federal plaintiff may also result in resolution of the actions by other plaintiffs. Next conference scheduled for Nov. 9, 2006 at 2:00 p.m. (by tel) Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(DeVeaux, Yvonne) (Entered: 10/04/2006)

11/06/2006 35 Letter to Magistrate Judge Marilyn D. Go from Diana L. Embrey re: Change in Date for Mediation and Request t Reschedule Post−Mediation Telephone Status Conference by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Embrey, Diana) (Entered: 11/06/2006)

11/06/2006

ORDER endorsed on 121 Letter filed by United States of America. The next conference is adjourned to Dec. 21, 2 at 10:00 a.m. Ordered by Judge Marilyn D. Go on 11/6/06. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Go, Marilyn) (Entered: 11/06/2006)

11/07/2006 36 RESPONSE to Motion re 120 Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Le (Attachments: # 1 Exhibit Exhibits 1−5)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Hack, Ally) (Entered: 11/07/2006)

11/10/2006 37 REPLY to Response to Motion re 120 Letter MOTION for Discovery For Resolution of Expert Fees filed by Stephanie Lewis. (Attachments: # 1 Exhibit Exhibit 1)Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Mohammedi, Omar) (Entered: 11/10/2006)

12/21/2006

Minute Entry: Telephone Conference held on 12/21/2006 before MJ Marilyn D. Go. Appearances by Diane Embry Amardeep Singh Balla, Richard Schoolman. The parties urged in settlement discussions to reconsider their positio and to schedule a further conference. Letters requesting a pre−motion conference must be filed by 1/19/07 and any response must be filed by 1/26/07. Associated Cases: 1:04−cv−04237−SLT−MDG,1:03−cv−02139−SLT−MDG,1:04−cv−02294−SLT−MDG,1:04−cv−02331−SLT−M 1:05−cv−03341−SLT−MDG,1:05−cv−05477−SLT−MDG(Capobianco, Jean) (Entered: 12/21/2006)

12/29/2006 38 ORDER granting in part and denying in part (128) Motion to Compel in case 1:03−cv−02139−SLT−MDG; grantin part and denying in part (65) Motion to Compel in case 1:04−cv−02294−SLT−MDG; granting in part and denying part (79) Motion to Compel in case 1:04−cv−02331−SLT−MDG; granting in part and denying in part (104) Motio Compel in case 1:04−cv−04237−SLT−MDG; granting in part and denying in part (54) Motion to Compel in case 1:05−cv−03341−SLT−MDG; granting in part and denying in part (27) Motion to Compel in case 1:05−cv−05477−SLT−MDG. Ordered by Judge Marilyn D. Go on 12/29/06. (Proujansky, Josh) (Entered: 12/29/2

01/18/2007 39 Letter MOTION for Extension of Time to File Request for Adjustment of Dates for Submission of Pre−Motion Conference Letters to Judge Townes, and the Replies to Such Letters by all defendants. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolman, Richard) (Entered: 01/18/2007)

01/18/2007

ORDER granting (128) Motion for Extension of Time to File in 04−4236; (39) in 1:05−cv−05477−SLT−MDG. Th time for filing pre−motion conference letters is extended to 2/2/07. Any response must be filed by 2/23/07. Ordere Judge Marilyn D. Go on 1/18/07. (Go, Marilyn) (Entered: 01/18/2007)

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01/30/2007

Motions terminated: 26 Letter MOTION for Extension of Time to File Response/Reply as to 102 MOTION for Protective Order Enforcement filed by New York City Transit Authority. Ordered by Judge Marilyn D. Go on 06−22−06. (Frullo, Veronica) (Entered: 01/30/2007)

02/01/2007 40 Letter MOTION for Hearing Request for Pre−Motion Conference on Defendant's Summary Judgment Motion by a defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolman, Richard) (Entered: 02/01/2007)

02/02/2007 41 Letter MOTION for Hearing Request for Pre−Motion Conference on Defendant's Summary Judgment Motion by a defendants. (Attachments: # 1 Draft of Rule 56.1 Statement) Associated Cases: 1:04−cv−04237−SLT−MDG, 1:05−cv−05477−SLT−MDG (Bhatt, Kavita) (Entered: 02/02/2007)

02/06/2007 42 TRANSCRIPT of Civil Cause for Conference held on 5/22/06 before Judge Go. Counsel for parties present. Offic Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/20

02/06/2007 43 TRANSCRIPT of Civil Cause for Conference held on 6/23/06 before Judge Go. Counsel for parties present. Offic Transcriber: Rosalie Lombardi; Transcription Service: Transcription Plus II. (Fernandez, Erica) (Entered: 02/06/20

02/14/2007 44 Consent MOTION for Extension of Time to File Response/Reply of Plaintiffs' to Defendants' Requests for a Pre−Motion Conference in Related Cases Pending Pre−Motion Conference in Lead Case by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Embrey, Diana) (Entered: 02/14/2007)

03/09/2007 45 RESPONSE to Motion re (64 in 1:05−cv−03341−SLT−MDG, 130 in 1:04−cv−04237−SLT−MDG, 140 in 1:03−cv−02139−SLT−MDG, 77 in 1:04−cv−02294−SLT−MDG, 40 in 1:05−cv−05477−SLT−MDG, 92 in 1:04−cv−02331−SLT−MDG) MOTION for Hearing filed by United States of America. (Attachments: # 1 Respon TA's Draft Rule 56.1 Statement of Facts) Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Embrey, Diana) (Entered: 03/09/2007)

03/23/2007

Motions terminated: 13 MOTION to Compel Documents from Sinclair Privilege Log and Sidberry Notes filed by United States of America.**See Order by Judge Marilyn D. Go on 05/22/06.** (Frullo, Veronica) (Entered: 03/23/2007)

03/31/2007 46 ORDER denying (102) Motion for Protective Order in case 1:04−cv−04237−SLT−MDG; denying (24) Motion for Protective Order in case 1:05−cv−05477−SLT−MDG. Ordered by JudgeMarilyn D. Go on 3/31/07. (Go, Marilyn) (Entered: 03/31/2007)

04/24/2007 47 SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel who will try the case appear for a Pre−motion Conference on June 27, 2007 at 10:00am before the Honorable Sandra L. Townes, U.S.D.J. Ordered by Judge San L. Townes on 04/24/07. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Frullo, Veronica) (Entered: 04/24/2007)

06/13/2007

Motions terminated: 41 MOTION for Hearing filed by Corporate John Does 1−5, John Does 1−10, New York City Transit Authority, New York Metropolitan Transportation Authority, 40 MOTION for Hearing filed by Richard Dicciarello, Corporate John Does 1−5, Steve Lopiano, New York City Transit Authority, New York Metropolitan Transportation Authority, Lawrence G. Reuter, Tommy Davis, John Does 1−10, Richard Herman, Benny Pepprino.**See Order by Judge Sandra L. Townes on 04/24/07.** (Frullo, Veronica) (Entered: 06/13/2007)

06/27/2007 48 Minute Entry for proceedings held before Hon. Sandra L. Townes: Pre Motion Conference held on 6/27/2007. AU Diana Embrey; Defense counsel for all sides present. Plaintiff to file pre−motion letter by 7/6/2007, response due 7/20/07. (Court Reporter Fred Guerino.) Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Clarke, Melonie) (Entered: 06/28/2007)

07/05/2007 49 Letter to Hon. Judge Townes from Richard Schoolman re: Clarification of Bases for Defendant's Proposed Summa Judgment Motion by New York Metropolitan Transportation Authority, New York City Transit Authority Associa Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolman, Richard) (Entered: 07/05/2007)

07/06/2007 50 Letter to Hon. Townes from Kavita K. Bhatt re: Clarification of Bases for Defendant's Proposed Summary Judgme Motion (Singh) by New York Metropolitan Transportation Authority, New York City Transit Authority Associated Cases: 1:04−cv−04237−SLT−MDG, 1:05−cv−05477−SLT−MDG (Schoolman, Richard) (Entered: 07/06/2007)

07/16/2007 51 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Requests for a Pre−Motion Conference on Defendants' Summary Judgment Motions by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Embrey, Diana) (Entered: 07/16/2007)

08/03/2007 52 Letter from Diana L. Embrey to Honorable Sandra L. Townes re: Plaintiff United States' Response to Defendants' 5, 2007 Clarification of its February 1, 2007 Request for a Pre−Motion Conference on its Summary Judgment Mo by United States of America Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Embrey, Diana) (Entered: 08/03/2007)

Case: 1:05-cv-05477-SLT-MDG As of: 06/04/2012 09:42 AM EDT 8 of 10

08/03/2007 53 RESPONSE to Motion re 41 MOTION for Hearing filed by all plaintiffs. (Bhalla, Amardeep) (Entered: 08/03/200

08/07/2007 54 Letter to Hon. Townes re: Defendant's comment on coverage of summary judgment motion by New York Metropo Transportation Authority, New York City Transit Authority, New York Metropolitan Transportation Authority, Ne York City Transit Authority, New York City Transit Authority Associated Cases: 1:04−cv−04237−SLT−MDG, 1:05−cv−03341−SLT−MDG, 1:05−cv−05477−SLT−MDG (Schoolman, Richard) (Entered: 08/07/2007)

09/18/2007

Motions Terminated:finding as moot 44 Motion for Extension of Time to File Response/Reply ; finding as moot 5 Motion for Extension of Time to File Response/Reply (Frullo, Veronica) (Entered: 09/18/2007)

01/15/2008 55 Letter Request for Clarification of Court's Peference as to Setting a Briefing Schedule for Defendants' Summary Judgment Motions by New York Metropolitan Transportation Authority, New York City Transit Authority Associ Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolman, Richard) (Entered: 01/15/2008)

01/15/2008 56 Letter CORRECTED Request for Clarification of Court's Peference as to Setting a Briefing Schedule for Defendan Summary Judgment Motions by New York Metropolitan Transportation Authority, New York City Transit Author Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolman, Richard) (Entered: 01/15/2008)

06/12/2008 57 Letter MOTION for Extension of Time to File Response/Reply to Defendants' Motions for Summary Judgment by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Embrey, Diana) (Entered: 06/12/2008)

07/02/2008 58 ORDER granting (156) Motion for Extension of Time to File Response/Reply in case 1:03−cv−02139−SLT−MDG granting (93) Motion for Extension of Time to File Response/Reply in case 1:04−cv−02294−SLT−MDG; granting (110) Motion for Extension of Time to File Response/Reply in case 1:04−cv−02331−SLT−MDG; granting (162) Motion for Extension of Time to File Response/Reply in case 1:04−cv−04237−SLT−MDG; granting (81) Motion Extension of Time to File Response/Reply in case 1:05−cv−03341−SLT−MDG; granting (57) Motion for Extensio Time to File Response/Reply in case 1:05−cv−05477−SLT−MDG. Ordered by Judge Sandra L. Townes on 6/18/2 Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Clarke, Melonie) (Entered: 07/02/2008)

07/25/2008

ORDER: Counsel are advised that the only motion permitted by this Court, pursuant to the April 22, 2008, schedu order, is a motion for summary judgment by the parties in the lead case, 04CV4237, U.S.A. v. NYMTA, et al. Cou are not permitted to move for summary judgment, at this time, in the five related cases. The Court will determine i and when the parties are to make motions for summary judgment in the related actions. Therefore, the request for a extension of time 94 in related case 04−CV−2294, Muhammad v. NYCTA, is hereby denied as moot. Ordered by Judge Sandra L. Townes on 07/25/08. (Frullo, Veronica) (Entered: 07/25/2008)

08/15/2008 59 Letter MOTION for Extension of Time to File Response/Reply to Defendants' Motions for Summary Judgment by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Embrey, Diana) (Entered: 08/15/2008)

10/21/2008 60 Letter MOTION for Extension of Time to File Response/Reply to Defendant New York City Transit Authority's Motion for Summary Judgment by United States of America. Associated Cases: 1:04−cv−04237−SLT−MDG et al (Embrey, Diana) (Entered: 10/21/2008)

10/23/2008

Motions terminated: 60 MOTION for Extension of Time to File Response/Reply, 59 MOTION for Extension of T to File Response/Reply filed by United States of America. This motion only applies to the lead case CV 04−4237(SLT). (Clarke, Melonie) (Entered: 10/23/2008)

10/23/2008 61 STIPULATION of Dismissal of New York Metropolitan Transportation Authority as a Defendant by United State America Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Embrey, Diana) (Entered: 10/23/2008)

06/22/2009 62 Joint MOTION in Limine to Exclude Defendant's Expert and Expert Report for Purposes of the New York City Tra Authority's Pending Motion for Summary Judgment and for Trial by United States of America. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2) Associated Cases: 1:04−cv−04237−SLT−MDG (Johnson, Alicia) (Entered: 06/22/2009)

06/23/2009 63 Letter to Hon. Sandra L. Townes, RE: Request for Direction as to Need to Respond to Plaintiff's Motion to Strike a Expert Report by New York City Transit Authority Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolm Richard) (Entered: 06/23/2009)

06/24/2009 64 Letter to the Hon. Sandra L. Townes RE: Supplement to Request for Direction as to Need to Respond to Plaintiff's Motion to Strike an Expert Report by New York City Transit Authority Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolman, Richard) (Entered: 06/24/2009)

06/25/2009 65 Letter to Judge Townes re: Defendant's Request for Direction by United States of America Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Johnson, Alicia) (Entered: 06/25/2009)

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03/30/2010

Motions terminated, docketed incorrectly: 62 MOTION in Limine filed by United States of America. THIS MOTI PERTAINS TO THE MOTION PENDING IN RELATED CASE 04−CV−4237 (SLT). (Frullo, Veronica) (Entere 03/30/2010)

10/14/2010

SCHEDULING ORDER: A Status/Settlement Conference is scheduled for 11/3/2010, at 3:00 p.m. Counsel for all parties must attend and must discuss settlement prior to the conference. Ordered by Magistrate Judge Marilyn D. G on 10/14/2010. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 10/14/2010)

11/03/2010

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 11/3/2 Appearances by Alicia Johnson, Shayna Bloom, Diana Embrey for U.S.; Lonnie Hart, Armani Scott for Small and Muhammad plaintiffs; Omar Mohammedi for Lewis; Amardeep Singh Bhatta, Anjana Samant for Harrington and Singh plaintiffs; Richard Schoolman, Rhonda Moll for NYCTA defendants. Settlement discussions held. By 12/3/ the individual plaintiffs shall serve defendants with their settlement demands and defendants shall respond to the settlement proposal of the U.S. Next conference scheduled for Dec. 13, 2010 at 2:30 p.m. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 11/04/2010)

12/07/2010 66 Letter MOTION to Adjourn Conference Suggestion for Re−Scheduling of Status Conference set for December 13, 2010 to some date after New Years by New York City Transit Authority. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Schoolman, Richard) (Entered: 12/07/2010)

12/08/2010 67 RESPONSE to Motion re (231 in 1:04−cv−04237−SLT−MDG, 122 in 1:04−cv−02331−SLT−MDG, 66 in 1:05−cv−05477−SLT−MDG, 105 in 1:04−cv−02294−SLT−MDG, 90 in 1:05−cv−03341−SLT−MDG, 165 in 1:03−cv−02139−SLT−MDG) Letter MOTION to Adjourn Conference Suggestion for Re−Scheduling of Status Conference set for December 13, 2010 to some date after New Years filed by United States of America. Associate Cases: 1:04−cv−04237−SLT−MDG et al. (Johnson, Alicia) (Entered: 12/08/2010)

12/08/2010

ORDER granting 231 Motion to Adjourn Conference in case 1:04−cv−04237−SLT−MDG and in related cases: Conference is adjourned to January 24, 2011, at 2:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 12/8/20 (Abdallah, Fida) (Entered: 12/08/2010)

01/24/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 1/24/2 Appearances by Alicia Johnson, Shayna Bloom, Diana Embrey for U.S.; Lonnie Hart, Armani Scott for Small and Muhammad plaintiffs; Omar Mohammedi for Lewis; Amardeep Singh Bhalla for Harrington and Singh plaintiffs; Richard Schoolman, Rhonda Moll for NYCTA defendants. Preliminary settlement discussions held. Defendant mu provide a written response to the settlement proposals of plaintiffs and fax a status report to the Court by 2/18/11. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 01/25/2011)

01/27/2011 68 Letter to the Honorable Judge Go regarding Request for Clarification of Court's Order of January 25, 2011 by Un States of America Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Johnson, Alicia) (Entered: 01/27/2011)

01/27/2011

ORDER endorsed on (68 in 1:05−cv−05477−SLT−MDG) Letter filed by United States of America. The letter correctly sets forth matters discussed at the last conference. The defendants must respond in writing by 2/9/11 to th settlement demands made by the plaintiffs in these consolidated actions. Ordered by Magistrate Judge Marilyn D. on 1/27/2011. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Go, Marilyn) (Entered: 01/27/2011)

02/22/2011

SCHEDULING ORDER: Plaintiffs for the United States and individual plaintiffs must respond to the defendants' settlement proposals by March 9, 2011 and the parties must fax a further report on the status of discussions by Ma 23, 2011. Ordered by Magistrate Judge Marilyn D. Go on 2/22/2011. Associated Cases: 1:04−cv−04237−SLT−MD et al. (Go, Marilyn) (Entered: 02/22/2011)

04/14/2011

SCHEDULING ORDER: A settlement conference will be held on April 28, 2011 to discuss injunctive relief. It wi commence at 9:45 a.m. Initially, the conference will be with only the governmental parties, the United States of America and New York City Transit Authority. After short break, the conference will continue at 1:30 p.m. and al parties may attend. The parties must fax the latest draft of agreement by noon on April 27, 2011. Ordered by Magistrate Judge Marilyn D. Go on 4/14/2011. (Abdallah, Fida) (Entered: 04/14/2011)

04/22/2011

ORDER: This Court has scheduled a settlement conference and structured discussions so as to meet with the governmental parties first. The Court has received the letter of counsel for plaintiff Stephanie Lewis requesting to included in the first part of discussions. Based on this Court's familiarity with this case, the Court finds that the cur format for discussions would be effective and efficient, without prejudicing any party. The request is denied. Orde by Magistrate Judge Marilyn D. Go on 4/22/2011. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Go, Mari (Entered: 04/22/2011)

04/28/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 4/28/2 Appearances by Alicia Johnson, Shayna Bloom, Luis Lopez for U.S.; Lonnie Hart, Armani Scott for Small and Muhammad; Omar Mohammedi for Lewis; Amardeep Singh Bhalla for Harrington and Singh; Richard Schoolman Kristen Nolen for NYCTA defendants. Settlement discussions held. Next conference scheduled for May 25, 2011 11:00 a.m. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 04/28/2011)

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05/25/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 5/25/2 Appearances by Alicia Johnson, Shayna Bloom, Luis Lopez for U.S.; Lonnie Hart for Small and Muhammad; Om Mohammedi, Tariq Hussain for Lewis; Amardeep Singh Bhalla for Harrington and Singh; Richard Schoolman, Ka Bhatt for NYCTA defendants. Settlement discussions held. Besides working on the draft agreement regarding injunctive relief, the parties must discuss the framework for resolving monetary claims. Next conference scheduled June 17, 2011 at 10:00 a.m. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 05/27/2011)

06/17/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 6/17/2 Appearances by Alicia Johnson, Shayna Bloom (by tel), Luis Lopez and Woody Anglade (by tel)for U.S.; Lonnie and Armani Scott for Small and Muhammad; Omar Mohammedi (by tel) and Tariq Hussain for Lewis; Richard Schoolman and Rhonda Moll for NYCTA defendants. Settlement discussions held. Next conference scheduled for 20, 2011, at 11:00 a.m. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 06/21/201

07/20/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 7/20/2 Appearances by Shayna Bloom, Luis Lopez, Woody Anglade for U.S.; Armani Scott for Small and Muhammad; O Mohammedi for Lewis; Amardeep Singh Bhalla for Harrington and Singh; Richard Schoolman for NYCTA defendants. Settlement discussions held and continued to August 2, 2011 at 2:30 p.m. Additional settlement conferences with individual plaintiffs for August 10, 2011 will be set at that time. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 07/22/2011)

08/02/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 8/2/20 Appearances by Shayna Bloom for U.S.; Lonnie Hart, Armani Scott for Small and Muhammad; Omar Mohammed Lewis; Amardeep Singh Bhalla for Harrington and Singh; Richard Schoolman for NYCTA defendants. Settlement discussions held. Conferences will be held on August 10, 2011 in the cases brought individual plaintiffs as follows Small and Muhammad, 03cv2139, 04cv2294 at 10:30 a.m.; Lewis, 04cv2331 at 2:00 p.m.; Harrington and Singh plaintiffs at 4:00 p.m. Associated Cases: 1:04−cv−04237−SLT−MDG et al. (Abdallah, Fida) (Entered: 08/03/2011

08/10/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 8/10/2 Appearances by Amardeep Singh Bhalla for plaintiffs; Richard Schoolman, Karita Bhatt for defendants. Settlemen discussions held. Next conference scheduled for Sept, 20, 2011 at 2:00 p.m. (by tel) (Abdallah, Fida) (Entered: 08/11/2011)

09/20/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 9/20/2 Appearances by Ravinder Bhalla for plaintiffs; Richard Schoolman for defendants. Counsel reported on status of settlement discussions and mediation. Next conference scheduled for Oct. 20, 2011 at 1:30 p.m. (by tel) (Abdallah Fida) (Entered: 09/20/2011)

10/20/2011

Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/20/2011. Appearances by Amardeep Singh Bhalla for Singh plaintiffs; Richard Schoolman for defendants. Cou advised that settlement discussions are progressing. Counsel for defendants must fax a status report to the court by Nov. 21, 2011. (Abdallah, Fida) (Entered: 10/21/2011)

05/30/2012 69 STIPULATION of Dismissal by New York City Transit Authority (Schoolman, Richard) (Entered: 05/30/2012)

06/01/2012 70 ORDER DISMISSING CASE. Ordered by Judge Sandra L. Townes on 5/30/2012. (Siegfried, Evan) (Entered: 06/01/2012)