UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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EQUAL EMPLOYMENT OPPORTUNITY

:

COMMISSION,

:

:

Plaintiff,

:

:

v.

:

:

QUICK QUALITY RESTAURANT, INC.,

:

:

and

:

:

CANDU MANAGEMENT, INC.,

:

:

Defendants.

:

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COMPLAINT AND JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment discrimination on the basis of National Origin, and to make whole Daniel Fakhoury, Farida Khan, Laila Fakhoury, Murad Qaqish, and other individuals of Arab and/or Middle Eastern birth or descent, who were adversely affected by such unlawful practices of Quick Quality Restaurant, Inc., and Candu Management, Inc. (hereinafter referenced as “Defendants”). These Defendants owner five (5) Burger Kings located in Yonkers, Scarsdale, Fishkill, Elmsford and Yorktown Heights. The Equal Employment Opportunity Commission alleges that the Defendants discriminated against the afore-mentioned individuals by terminating them on the basis of their National Origin, Arabic or Middle Eastern birth or descent. These allegations will be described in greater detail in paragraph eight [¶ 8], below.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and
1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1)("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Southern District of New York.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (hereinafter “the Commission”), is
an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1), 42 U.S.C. §2000e-5(f)(1). 4. At all relevant times, Defendant, Candu Management, Inc. has continuously been a corporation under the laws of New York, doing business in New York, and have continuously had at least fifteen employees. 5. At all relevant times, Defendant, Quick Quality Restaurant, Inc. has continuously been a corporation under the laws of New Jersey, registered and doing business in New York, and have continuously had at least fifteen employees. 6. At all relevant times, Defendants have continuously been joint employers engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42 U.S.C. §2000e-(b),(g), and (h).
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STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, former employees of
Defendants, Daniel Fakhoury, Farida Khan, Laila Fakhoury and Murad Qaqish, filed charges of discrimination with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Beginning on September 11, 2001 and continuing until at least the present, Defendants engaged in the following unlawful employment practices at their facilities in Fiskill, New York, in violation of Section 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a): a. On October 22, 2002 ,David Sutz, President of Candu Management Inc., and
Daniel Fakhoury, General Manager, who was born in Jordan, met at the Fishkill Burger King store. Daniel Fakhoury reviewed the profit statement and Sutz began screaming “you’re cheating me, you’re stealing from me, you’re all fucking Arabs! Get out of here!” At that point Sutz took Daniel Fakhoury’s company gas card and was told he was fired. b. When Sutz began yelling, three other charging parties, Murad Qaquish, Leila Fakhoury and Farida Kahn went into the backroom to see what was happening. They were all witnesses to these events and also fired on October 22, 2002. c. Farida Kahn, born in Pakistan, was a cashier at the Fishkill site. She states that during the October outburst by Sutz, he fired her and took her headset. She confirms that Sutz made the anti-Arab statement. d. Leila Fakhoury, daughter of Daniel Fakhoury, was also fired on October 22, 2002. She is of Jordanian descent. She was the assistant manager in the Fishkill store.
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She confirms hearing the anti-Arab remarks from Sutz and stated that Sutz terminated her and took away her store keys. e. Marad Qaquish was born in Jordan. He was the manager of the Fiskill location. He also confirmed the events of October 22 and states that Sutz also took his store keys away. f. Defendants terminated the above named individuals as well as others of Arab and/or Middle Eastern birth or descent, because of their National Origin. g. Defendants’ reasons for terminating individuals of Arab and/or Middle Eastern birth or descent, who were performing their jobs adequately, were pretext for Defendants’ discrimination on the basis of their National Origin. 9. The effect of the practices complained of above in paragraph eight [¶ 8] has been to deprive individuals of Arab and/or Middle Eastern birth or descent of equal employment opportunities, and otherwise adversely affect their status as employees because of their National Origin. 10. Individuals of Arab and/or Middle Eastern birth or descent including, but not limited to, Daniel Fakhoury, Farida Khan, Laila Fakhoury and Murad Qaqish, suffered physical and emotional pain, including but not limited to mental anguish, humiliation, embarrassment, inconvenience, and loss of enjoyment of life as the result of the unlawful employment practices complained of above in paragraph eight [¶ 8]. 11. The unlawful employment practices complained of above in paragraphs eight through ten [¶¶ 8-10] were intentional. 12. The unlawful employment practices complained of above in paragraphs eight through ten
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[¶¶ 8- 10] were done with malice and/or reckless indifference to the federally protected rights of individuals of Arab and/or Middle Eastern birth or descent.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from any discriminatory actions, including the discharge of any employee, because of the employee’s National Origin, and enjoining any other employment practices of Defendants which discriminate on the basis of National Origin. B. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for all employees, including the implementation of a mechanism to investigate and correct complaints of National Origin discrimination, and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole individuals of Arab and/or Middle Eastern birth or descent by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to rightful-place reinstatement of Daniel Fakhoury, Farida Khan, Laila Fakhoury and Murad Qaqish. D. Order Defendants to make whole individuals of Arab and/or Middle Eastern birth or descent by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph eight [¶ 8] above, including job search expenses, job training expenses, medical expenses, and loss of retirement benefit plans, in
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amounts to be determined at trial. E. Order Defendants to make whole individuals of Arab and/or Middle Eastern birth
or descent by providing compensation for their non-pecuniary losses, including emotional distress, pain and suffering, inconvenience, loss of enjoyment of life, fear, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay individuals of Arab and/or Middle Eastern birth or descent punitive damages for Defendants’ malicious and/or reckless conduct, described in paragraphs eight through ten [¶¶ 8-10] above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.

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

Dated: New York, New York

Respectfully submitted,
Eric S. Dreiband General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Y. Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington D.C. 20507
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 , "
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
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. .. ~.," ."

EQUAL EMPLOYMENT OPPORTUNITY

l'

COMMISSION, et al

Plaintiffs,

-against-

04 Civ. 2472 (GAY)

QUICK QUALITY RESTAURANT, INC., and CANDU MANAGEMENT, INC.,

Defendants.

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MEMORANDUM DECISION AND ORDER

Presently before the Court is a discovery dispute regarding when financial

information concerning the defendants must be provided to plaintiffs. It is undisputed

that said information may be relevant to the jury's consideration of any punitive

damages claim. "Under well established precedent in this Circuit, 'it is the defendant's

burden to show that his financial circumstances warrant a limitation of the award.'"

Provost v. The City of Newburgh, 262 F.3d 146, 163 (2d Cir. 2001)(citation and

quotation omitted). Plaintiff seeks any financial information on the defendants

immediately. Defendants seek to delay any such discovery unless and until there is a

special verdict on punitive damages in favor of the plaintiffs. Trial is scheduled for

September 19, 2005.

The Court will exercise its discretion to bifurcate the issue of the amount of any

punitive damages from the rest of the trial. Fed. R. Civ. P. 42(b). In other words, the

jury will determine on a special verdict form at trial whether a defendant is liable for

punitive damages, along with the other general issues of liability and damages. If a defendant is found to be liable for punitive damages, the Court will direct said defendant to provide financial discovery to the plaintiff limited to "a financial affidavit in the form of a personal balance sheet listing ... assets and liabilities. This affidavit should also include a general statement of ... net worth." Hazeldine v. Beverage Media, LTD., 1997
u.s. District LEXIS 8971 *12 (S.D.N.Y. June 27, 1997). The Court deems that such
discovery would be appropriate under the circumstances herein. Any of said discovery to be provided is to be used only in the litigation of this case and destroyed by the plaintiffs at the conclusion of the case.
so ORD~RED:

DATED: September 6,2005 White Plains, New York

1 ~,

•

~",/t.f'I.~

GEORGE A. YANTHIS, U.S.M.J.

2

 
 E.E.O.C. v. Quick Quality Restaurants, Inc., Not Reported in F.Supp.2d (2006)

2006 WL 375173 Only the Westlaw citation is currently available.
United States District Court, S.D. New York.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, and Daniel Fakhoury, Murad
Qaqish Farida Kahn and Laila Fakhoury, Plaintiffs, v.
QUICK QUALITY RESTAURANTS, INC., Candu Management, Inc., David Sutz, and Margaret Canniff, Defendants.
No. 04 Civ. 2472(GAY). | Feb. 16, 2006.
Opinion
DECISION AND ORDER
YANTHIS, J.
I. Procedural History *1 Plaintiffs commenced this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. And New York Human Rights Law, N.Y. Executive Law § 296, on the ground that defendants terminated the individual plaintiffs’ employment because of their national origin. This Court conducted jury selection on September 19, 2004 and the trial began on that date. The jury subsequently returned a verdict in favor of all defendants. The Court entered judgment closing the case in accordance with the jury verdict. Plaintiff EEOC then timely filed a motion for a new trial pursuant to Fed.R.Civ.P. 59 and for judgment as a matter of law pursuant to Fed.R.Civ.P. 50. On November 28, 2005, the Court issued a Memorandum Decision and Order denying plaintiff EEOC’s motion for a new trial and judgment as a matter of law.
Defendants filed the instant motion for attorneys fees on December 5, 2005. EEOC contends that the motion for attorneys fees is untimely and, in any event, not justified.
II. Discussion
A. The Timeliness of Defendants’ Fee Application The EEOC contends that the motion for attorneys fees must be denied because of untimely filing. Defendants

assert that the motion was timely filed due to the filing of the motion by EEOC pursuant to Fed.R.Civ.P. 50 and 59.
Fed.R.Civ.P. 54(d)(2)(B) provides that a party seeking an award of attorneys fees generally must file and serve a motion no later than fourteen (14) days after entry of judgment. However, the Second Circuit has clearly ruled that a motion for attorneys fees under said Rule 54 “... is timely if filed no later than 14 days after the resolution of such a Rule 50(b), 52(b), or 59 motion.” Weyant v. Okst, 198 F.3d 311, 315 (2d Cir.1999).
Here, this Court entered judgment in accordance with the jury verdict of no liability as to all defendants on October 12, 2005. The EEOC filed its post-verdict motions on October 11, 2005, the day prior to judgment being entered. The Court entered the Order denying the Rule 50 and 59 motions on November 28, 2005. Thus, defendants had fourteen days from November 28, 2005 to file their motion for attorneys fees. The filing of the attorneys fees motion on December 5, 2005 was well within said fourteen day period. Accordingly, the motion was timely and will be considered by the Court.
B. The Merits of Defendants’ Fee Application Defendants seek attorneys fees in the amount of $213,287.00 as prevailing defendants in this action pursuant to Title VII of the Civil Rights Act of 1964. Defendants contend that the case was frivolous, groundless, and unreasonable. The EEOC asserts that it had a reasonable basis for bringing this action.
Prevailing defendants are not awarded attorneys fees as a matter of course. Attorneys fees may be awarded to a prevailing defendant in a Title VII cases only upon a finding that plaintiff’s action was “frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.” Christianburg Garment CO. V. Equal Employment Opportunity Commission, 434 U.S. 412, 422, 98 S.Ct. 694, 701. (1978). The Supreme Court cautioned in Christianburg that “it is important that a district court resist the understandable temptation to engage in post hoc reasoning by concluding that, because a plaintiff did not ultimately prevail, his action must have been unreasonable or without foundation.” Id. At 421-22, 98 S.Ct. 700. “Generally, where evidence is introduced that, if credited, would suffice to support a judgment” in favor of the plaintiff a fee award to the defendant is “unjustified.” American Federation of State, County & Municipal Employees, AFL-CIO v. County of Nassau, 96 F.3d 644, 652 (2d Cir.1996), cert. denied, 520 U.S. (1997). “[A] claim is not necessarily frivolous because a witness is disbelieved or an item of evidence is
1

E.E.O.C. v. Quick Quality Restaurants, Inc., Not Reported in F.Supp.2d (2006)

discounted, disproved or disregarded at trial.” Id.
*2 Here, the Court finds that there was evidence introduced at trial by EEOC that, if credited by the jury, would support the claim of employment discrimination against the defendants. It was undisputed that after the events of September 11, 2001 defendant David Sutz directed that employees should not speak Arabic in the Fishkill restaurant. Defendants argued that said statement by Sutz is not evidence of a discriminatory motivation toward the Arab employees, but was for the safety of the workers who had expressed concerns after the events of September 11th. EEOC argued that the direction not to speak Arabic evidenced a discriminatory animus by the defendants. Several of the individual plaintiffs also testified at trial that defendant Sutz stated that plaintiff Daniel Fakhoury was a “fucking” Arab prior to terminating him and other plaintiffs. Defendant Sutz denied making said statement at trial. Sutz also denied at trial that he terminated anyone other than Daniel Fakhoury. Moreover, two other employees at the Fishkill restaurant, who are not parties in this case, supported Sutz’s version of what occurred. Defendants also point out that although two of the individual plaintiffs, Laila Fakhoury and Farida Khan, both testified at trial that Sutz yelled said discriminatory profanities at Fakhoury, they failed to note the same in their original charges of discrimination. Defendants contend that said testimony by the plaintiffs was a fabrication.
To be sure, the plaintiffs’ evidence of employment

discrimination was seriously impeached and contradicted by evidence brought out by the defendants. However, the evidence introduced by plaintiffs, including the directive not to speak Arabic, the mass terminations, and discriminatory profanities, if credited, would be “... sufficient to support a judgment” in favor of the plaintiff. Id The fact that the jury may have disbelieved the witnesses or discounted the evidence does not make the employment discrimination claim frivolous within the meaning of Title VII. Id. The jury was entitled to accept or reject the testimony of any witness in whole or in part.
In sum, it has not been shown that the plaintiffs’ action was frivolous, unreasonable, or groundless. As such, the motion of the prevailing defendants for attorneys fee must be denied.
CONCLUSION
Plaintiffs’ action was not frivolous, unreasonable, or groundless; nor did plaintiff continue to litigate after it clearly became so. Accordingly, the motion by defendants for attorneys fee as prevailing parties is denied. SO ORDERED:
	  

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CLOSED, ECF, MAGCONSENT
U.S. District Court United States District Court for the Southern District of New York (White Plains)
CIVIL DOCKET FOR CASE #: 7:04-cv-02472-GAY

Equal Employment Opportunity Commission v. Quick Quality Restaurant, Inc. et al Assigned to: Magistrate Judge George A. Yanthis Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/29/2004 Date Terminated: 10/11/2005 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Katherine Elizabeth Bissell U.S. Equal Employment Opportunity Commission 33 Whitehall St., 5th Floor New York, NY 10004 (212) 336-3721 Fax: (212) 336-3623 Email: katherine.bissell@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Bruce Ranis Equal Employment Opportunity Commission(NYC) 33 Whitehall Street, 5th Flr. New York, NY 10004 (212) 336-3701 Fax: (212) 336-3623 Email: michael.ranis@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant Quick Quality Restaurant, Inc.
Defendant

represented by Kenneth Ira Nowak Zazzali, Fagella, Nowak, Kleinbaum & Friedman P.C. One Riverfront Plaza Newark, NJ 07102 973-623-1822 Fax: (973) 623-2209 Email: knowak@zzfn.com ATTORNEY TO BE NOTICED

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Candu Management, Inc. Intervenor Plaintiff farida kahn
Intervenor Plaintiff Daniel Fakhoury Intervenor Plaintiff Murad qaqish Intervenor Plaintiff Leila fakhoury

represented by Kenneth Ira Nowak (See above for address) ATTORNEY TO BE NOTICED
represented by Julie Ero Gaughran Julie Gaughran, Esq., The Courtyard 223 Katonah Avenue Mount Kisco, NY 10536 (914)232-1530 Fax: (914)232-1144 Email: Juliegaughran@aol.com ATTORNEY TO BE NOTICED
represented by Julie Ero Gaughran (See above for address) ATTORNEY TO BE NOTICED
represented by Julie Ero Gaughran (See above for address) ATTORNEY TO BE NOTICED
represented by Julie Ero Gaughran (See above for address) ATTORNEY TO BE NOTICED

Date Filed 03/29/2004
03/29/2004 03/29/2004 03/29/2004 04/02/2004
06/14/2004

#

Docket Text

1 COMPLAINT against Candu Management, Inc., Quick Quality Restaurant, Inc. Document filed by Equal Employment Opportunity Commission.(laq, ) Additional attachment(s) added on 4/1/2004 (laq, ). (Entered: 03/30/2004)
SUMMONS ISSUED as to Candu Management, Inc., Quick Quality Restaurant, Inc. (laq, ) (Entered: 03/30/2004)
Magistrate Judge Frank Maas is so designated. (laq, ) (Entered: 03/30/2004)
Case Designated ECF. (laq, ) (Entered: 03/30/2004)
2 COMPLAINT against Candu Management, Inc., Quick Quality Restaurant, Inc.. (Filing Fee $ 150.00.)Document filed by Equal Employment Opportunity Commission.(Graziano, Louis) (Entered: 04/02/2004)
***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) answer and rule 7.1 statement by Tamara Kaplan, were

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06/18/2004 06/21/2004 06/22/2004 07/23/2004 07/23/2004 07/26/2004 08/02/2004 09/24/2004 10/01/2004
10/26/2004
11/17/2004 04/20/2005

rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) (Entered: 06/14/2004)
3 FIRST MOTION to Intervene. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury. (Gaughran, Julie) (Entered: 06/18/2004)
4 ANSWER to Complaint. Document filed by Quick Quality Restaurant, Inc..(Nowak, Kenneth) (Entered: 06/21/2004)
5 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Quick Quality Restaurant, Inc..(Nowak, Kenneth) (Entered: 06/22/2004)
7 NOTICE OF CASE REASSIGNMENT to Judge Charles L. Brieant. Judge John G. Koeltl no longer assigned to the case. (pf, ) Additional attachment(s) added on 8/2/2004 (pf, ). (Entered: 08/02/2004)
Magistrate Judge George A. Yanthis is so redesignated. (pf, ) (Entered: 08/02/2004)
6 SCHEDULING ORDER: Case Management Conference set for 10/1/2004 09:00 AM in Court Room 1, 300 Quarropas Street, White Plains, NY 10601 before Judge Charles L. Brieant. (Signed by Judge Charles L. Brieant on 07/26/04) (fk, ) (Entered: 07/29/2004)
Mailed notice with Rules 2 & 3 to the attorney(s) of record. (pf, ) (Entered: 08/02/2004)
8 FIRST MOTION to Intervene. Document filed by Daniel Fakhoury, Leila fakhoury, farida kahn, Murad qaqish. Return Date set for 10/1/2004 09:30 AM. (Gaughran, Julie) (Entered: 09/24/2004)
Minute Entry for proceedings held before Judge Charles L. Brieant : Motion Hearing held on 10/1/2004 re: 3 FIRST MOTION to Intervene. filed by Daniel Fakhoury, Leila fakhoury, Murad qaqish, farida kahn. Judge's Decision: Oral Argument heard on motion (doc #3) to intervene. Motion granted. Intervieners are directed by the Court to submit an amended complaint within (20) days. (See transcript). (Submitted by Alice Cama). (Court Reporter Angela O'Donnell) (mde, ) (Entered: 10/08/2004)
9 SCHEDULING ORDER: This Court requires that this case shall be ready for trial on or after 4/15/05; The case is to be tried to a jury; Joinder of additional parties by 11/17/04; Amended Pleadings by 11/30/04; Interrogs by 11/17/04; 1st Request for Prod of Docs by 11/17/04; Depositions by 4/15/04; Any further interrogs, including expert by 2/18/05; Requests to Admit by 2/18/05; All discovery is to be completed by 4/15/05; Case Management Conference set for 4/15/2005 09:00 AM before Judge Charles L. Brieant. (Signed by Judge Charles L. Brieant on 10/21/04) Copies sent by Clerk's Office.(pf, ) (Entered: 10/26/2004)
10 Notice of Appearance of Michael Ranis. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) Modified on 2/10/2005 (fk, ). (Entered: 11/17/2004)
11 LETTER addressed to Judge Charles L. Brieant from Michael Ranis dated 4/14/05 re: All parties would like to reschedule the conference for as soon as is

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04/21/2005 05/02/2005 06/27/2005
07/11/2005 07/11/2005 07/11/2005
07/11/2005 07/15/2005 07/15/2005 07/15/2005

practicable w/ the Court. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury, Equal Employment Opportunity Commission.(ae, ) (Entered: 04/21/2005)
12 LETTER addressed to Ken and Julie from Michael Ranis dated 4/18/05 re: This will confirm that the conference w/ Judge Brieant has been adjourned until 4/29/05 at 9:00 a.m. Document filed by Equal Employment Opportunity Commission.(ae, ) (Entered: 04/22/2005)
13 LETTER addressed to Judge Charles L. Brieant from Michael Ranis dated 4/27/05 re:....request a 45 day extension of the period for completing discovery in this case..... Document filed by Daniel Fakhoury, Equal Employment Opportunity Commission.(pf, ) (Entered: 05/03/2005)
14 LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/23/05 re: telephone conversation from Michael Ranis, of the EEOC advising that the conference in this action is scheduled for 6/24/05 at 9:00 a.m. All the attorneys thought that the conference was scheduled for 6/29/05; Defendant's request that the conference be adjourned at a convenient time for Your Honor. Document filed by Quick Quality Restaurant, Inc..(ae, ) (Entered: 06/28/2005)
15 LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/28/05 re: This will confirm the telephone message left by Mrs. Cama on this date advising that the Final Pretrial Conference before Your Honor is scheduled for 7/15/05 at 9:00 a.m., w/ no adjournment. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.(ae, ) (Entered: 07/12/2005)
Set Deadlines/Hearings: Final Pretrial Conference set for 7/15/2005 09:00 AM before Judge Charles L. Brieant. (ae, ) (Entered: 07/12/2005)
16 LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/30/05 re: Defendants request that the Court deny the Plaintiff's request to compel discovery of financial information because the defendants' wealth or financial condition is generally not discoverable until after the trier of fact has determined the defendant's liability for punitive damages. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.(ae, ) (Entered: 07/12/2005)
17 LETTER addressed to Judge Charles L. Brieant from Kenneth I. Nowak dated 6/23/05 re: Defendant requests that the Court adjourn the conference scheduled for 6/24/05 at 9:00 a.m. at a convenient time for Your Honor. Document filed by Quick Quality Restaurant, Inc..(ae, ) (Entered: 07/12/2005)
Minute Entry for proceedings held before Judge Charles L. Brieant : Interim Pretrial Conference held on 7/15/2005. (Court Reporter Sue Ghorayeb) (pf, ) (Entered: 07/18/2005)
18 LETTER addressed to Judge Charles L. Brieant from Kenneth Nowak dated 7/13/05 re:........to inform you of scheduled non-refundable vacation plans for myself and the dfts-witnesses..... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(pf, ) (Entered: 07/18/2005)
19 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge

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07/19/2005
07/19/2005
09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005

George A. Yanthis. (Signed by Judge Charles L. Brieant on 7/15/05) (ae, ) (Entered: 07/19/2005)
20 TRIAL ORDER: Jury selection 9/19/05 at 9:30 a.m. in courtroom 118; Trial 9/19/05; Proposed voir dire and witness lists by 9/6/05; Proposed jury instructions, optional trial memoranda and motions in limine by 9/6/05; Responses to motions in limine by 9/13/05; So Ordered: (Signed by Judge George A. Yanthis on 7/18/05) Copies sent by Clerk's Office.(pf, ) (Entered: 07/19/2005)
21 LETTER addressed to Dear Judge Brieant from Kenneth I. Nowak dated 7/13/2005 re: In anticipation of Your Honor setting a trial date, I wish to inform you of scheduled, non-refundable vacation plans for myself and the deft's. witnesses...... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(jma, ) (Entered: 07/20/2005)
22 Proposed Jury Instructions. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)
23 Proposed Voir Dire Questions. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)
24 JOINT MOTION in Limine re: Unemployment Benefits. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)
25 JOINT MOTION in Limine re: Habit Evidence. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)
26 Witness List. Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 09/06/2005)
27 JOINT MOTION in Limine re: EEOC's Interviews and File. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)
28 JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Ranis, Michael) (Entered: 09/06/2005)
29 MOTION in Limine to exclude testimony and clinical notes. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)
30 MOTION in Limine exclude testimony & information re: calculation of front pay damages. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)
31 MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Exhibit in support of motion)(Nowak, Kenneth) (Entered: 09/06/2005)

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09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005
09/06/2005 09/07/2005 09/07/2005 09/12/2005 09/12/2005

32 MOTION in Limine to exclude memoranda of EEOC Investigator Marchese. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/06/2005)
33 TRIAL MEMORANDUM. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)
34 Proposed Jury Instructions. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 Jury Verdict Form-Daniel Fakhoury# 2 Jury Verdict Form-Murad Qaqish# 3 Jury Verdict Form-Farida Kahn# 4 Jury Verdict Form-Laila Fakhoury# 5 Jury Verdict Form-Maged Eid)(Nowak, Kenneth) (Entered: 09/06/2005)
35 Proposed Voir Dire Questions. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)
36 Witness List. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(Nowak, Kenneth) (Entered: 09/06/2005)
39 LETTER addressed to Judge George A. Yanthis from Kenneth I. Nowak dated 7/19/2005 re: For Your Honors's convenience, I am enclosing a copy of both letters.... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(mde, ) (Entered: 09/08/2005)
40 LETTER addressed to Judge George A. Yanthis from Kenneth I. Nowak dated 8/15/2005 re: Please accept this letter as response in opposition the the 8/2/2005 letter from Michael Ranis... Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc..(mde, ) (Entered: 09/08/2005)
41 LETTER addressed to Judge George A. Yanthis from Michael Ranis dated 8/2/2005 re: I was on leave and unable to meet you at the conference on 7/15 regarding the scheduling of the trial in this matter, nor discuss the unresolved discovery issue... Document filed by Equal Employment Opportunity Commission.(mde, ) (Entered: 09/08/2005)
42 MEMORANDUM DECISION AND ORDER; regarding resolution of the discovery disputes in regards to the financial information concerning the defendants. (Signed by Judge George A. Yanthis on 9/6/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 09/08/2005)
37 MOTION in Limine. Document filed by Daniel Fakhoury. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Appendix Exhibit 1)(Gaughran, Julie) (Entered: 09/07/2005)
38 MOTION in Limine. Document filed by Daniel Fakhoury. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Appendix Exhibits 1 and 2)(Gaughran, Julie) (Entered: 09/07/2005)
43 RESPONSE in Opposition re: 31 MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony., 29 MOTION in Limine to exclude testimony and clinical notes.. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 09/12/2005)
44 RESPONSE in Opposition re: 25 JOINT MOTION in Limine re: Habit Evidence.. Document filed by Quick Quality Restaurant, Inc., Candu

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Management, Inc.. (Attachments: # 1 Exhibit Defendants' Response in Oppositon to Plaintiffs' Motion in Limine Seeking Admission of Testimony Regarding Defendants' Routine Practices)(Nowak, Kenneth) (Entered: 09/12/2005)
45 RESPONSE in Opposition re: 27 JOINT MOTION in Limine re: EEOC's Interviews and File.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)
46 RESPONSE in Opposition re: 24 JOINT MOTION in Limine re: Unemployment Benefits.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)
47 RESPONSE in Opposition re: 28 JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 09/12/2005)
48 RESPONSE in Opposition re: 30 MOTION in Limine exclude testimony & information re: calculation of front pay damages. Requesting Admission of Charts. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Ranis, Michael) (Entered: 09/12/2005)
49 RESPONSE in Opposition re: 29 MOTION in Limine to exclude testimony and clinical notes. Admission of Emotional Distress Witnesses and Medical Notes. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 09/12/2005)
50 MOTION in Limine Opposition. Document filed by farida kahn, Daniel Fakhoury, Murad qaqish, Leila fakhoury. (Gaughran, Julie) (Entered: 09/13/2005)
51 MOTION in Limine Re: Def. Financial Documents. Document filed by Equal Employment Opportunity Commission. Return Date set for 9/19/2005 09:30 AM. (Attachments: # 1 Exhibit Exhibits 1-7# 2 Exhibit 8-11 to Brief)(Ranis, Michael) (Entered: 09/18/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Selection held on 9/19/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial begun on 9/19/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Motion Hearing held on 9/19/2005 re: 31 MOTION in Limine to bar medical diagnosis and causation evidence in absence of expert testimony. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 32 MOTION in Limine to exclude memoranda of EEOC Investigator Marchese. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 50 MOTION in Limine Opposition. filed by Daniel Fakhoury,, Leila fakhoury,, Murad qaqish,, farida kahn,, 51 MOTION in Limine Re: Def. Financial Documents. filed by Equal Employment Opportunity Commission,, 27 JOINT MOTION in Limine re: EEOC's Interviews and File. filed by Equal Employment Opportunity Commission,, 28 JOINT MOTION in Limine re: Testimony re: Heart Attack of D. Fakhoury. filed by Equal

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09/20/2005 09/21/2005 09/22/2005 09/23/2005 09/26/2005 09/27/2005 09/27/2005 09/28/2005 10/11/2005 10/11/2005
10/21/2005

Employment Opportunity Commission,, 37 MOTION in Limine. filed by Daniel Fakhoury,, 29 MOTION in Limine to exclude testimony and clinical notes. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 24 JOINT MOTION in Limine re: Unemployment Benefits. filed by Equal Employment Opportunity Commission,, 38 MOTION in Limine. filed by Daniel Fakhoury,, 30 MOTION in Limine exclude testimony & information re: calculation of front pay damages. filed by Quick Quality Restaurant, Inc.,, Candu Management, Inc.,, 25 JOINT MOTION in Limine re: Habit Evidence. filed by Equal Employment Opportunity Commission,. Motions Resolved. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/20/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/21/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484)) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/22/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/23/2005. (Court Reporter Sue Ghorayeb) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial held on 9/26/2005. (Court Reporter Albi Gorn) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
Minute Entry for proceedings held before Judge George A. Yanthis : Jury Trial completed on 9/27/2005. Clerk to enter judgment. (Court Reporter Albi Gorn) (Tape 21 to 1484) (ae, ) (Entered: 09/28/2005)
JURY VERDICT, in favor of both.(ae, ) (Entered: 09/28/2005)
52 AFFIDAVIT of Stanley J. Moskowitz; regarding his appointment by the Court as an "Accounting Expert". (ae, ) (Entered: 09/28/2005)
53 FIRST MOTION for New Trial on Basis of Voir Dire. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Part I, Exhibits# 2 Exhibit Part 2 of Exhibits)(Ranis, Michael) (Entered: 10/11/2005)
54 JUDGMENT... ORDERED, ADJUDGED AND DECREED: that the verdict handed down by the jury on September 27, 2005, is in favor of all defendants and the case is hereby closed in accordance with the jury verdict. (Signed by Judge George A. Yanthis and Clerk of Courts J. Michael McMahon on 10/11/2005) (tb, ) (Entered: 10/12/2005)
55 ENDORSED LETTER addressed to USMJ Yanthis from Cynthia Revesz dated 10/20/05 re:... to request an extension of time to answer the EEOC's motion for a new trial....ENDORSEMENT: Application Granted. So Ordered: (Signed by Judge George A. Yanthis on 10/20/05) Copies sent by Clerk's Office.(pf, ) (Entered: 10/21/2005)

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11/18/2005 11/22/2005 11/23/2005
12/05/2005 12/05/2005

56 RESPONSE to Motion re: 53 FIRST MOTION for New Trial on Basis of Voir Dire.. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 10/27/2005)
57 FIRST MOTION to Amend/Correct To Submit Voir Dire Transcript to Motion for New Trial. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Ranis, Michael) (Entered: 10/28/2005)
58 BILL OF COSTS in favor of Defendants against Plaintiffs for the sum of $29,582.58.(ae, ) (Entered: 11/07/2005)
59 AFFIDAVIT of Kenneth I. Nowak in Support re: 58 Bill of Costs. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc. (ae, ) (Entered: 11/07/2005)
60 NOTICE of Hearing: on Bill of Costs, that on 11/16/05, at 10:00 a.m., or as soon thereafter as counsel may be heard, the Deputy-in-Charge, Robert Rogers, of the U.S.D.C., S.D.N.Y., U.S. Courthouse, 300 Quarropas Street, White Plains, New York, shall hear defendants' request for the taxing of their costs, as set forth in their Bill of Costs, to be included in the judgment of the w/in matter. (ae, ) (Entered: 11/07/2005)
61 AFFIDAVIT of Elaine Barnett re: 58 Bill of Costs. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments:, # 1)(ae, ) (Entered: 11/07/2005)
62 CERTIFICATE OF SERVICE of Notice of Hearing on Bill of Costs together w/ Aff. of Kenneth I. Nowak, Esq. and the Aff. of Elaine Barnett, and exhibits annexed hereto served on Michael Ranis and Julie E. Gaughran on 11/2/05. Service was made by UPS Overnight Service. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (ae, ) (Entered: 11/07/2005)
63 BILL OF COSTS STIPULATION BTW. PARTIES Document filed by Equal Employment Opportunity Commission.(Ranis, Michael) (Entered: 11/18/2005)
64 STIPULATION AND ORDER REGARDING DEFENDANTS' BILL OF COSTS. (Signed by Judge George A. Yanthis on 11/21/05) (ae, ) (Entered: 11/23/2005)
65 ORDER denying 53 Motion for New Trial, denying 57 Motion to Amend/Correct... Court blieves that no prejudicial error exists in the record and that plaintiff EEOC received a fair trial by an impartial jury. Accordingly, EEOC's motion for post-verdict relief is Denied. (Signed by Judge George A. Yanthis on 11/23/2005) Copies Mailed by Chambers.(tb, ) (Entered: 11/28/2005)
66 MOTION for Attorney Fees. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Attachments: # 1 # 2 # 3)(Nowak, Kenneth) (Entered: 12/05/2005)
67 MOTION for Attorney Fees. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. Return Date set for 12/19/2005 09:00 AM. (Attachments: # 1 Affidavit Affidavit of Counsel in Support of Application for Attorneys' Fees# 2 Exhibit Exhibit 1 to Affidavit of Counsel)(Nowak, Kenneth) (Entered: 12/05/2005)

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12/09/2005 01/03/2006 01/05/2006 01/20/2006 02/14/2006 02/17/2006

68 ENDORSED LETTER addressed to Judge Magistrate Judge George A. Yanthis from Cynthia M. Revesz dated 12/7/05 re: This letter is to confirm that the Defendants have agreed to a two week extension of time, until 1/2/06, for the EEOC to respond to Defendants' Motion for Attorneys Fees and further request that the hearing date on Defendants' Motion for Attorneys' Fees be adjourned for 2 weeks until 1/13/06; Application granted. The parties will be notified if oral argument is scheduled. (Signed by Judge George A. Yanthis on 12/8/05) "Copies Faxed By Chambers".(ae, ) (Entered: 12/09/2005)
Set/Reset Deadlines as to 67 MOTION for Attorney Fees.. Responses due by 1/2/2006 (ae, ) (Entered: 12/09/2005)
69 RESPONSE in Opposition re: 66 MOTION for Attorney Fees., 67 MOTION for Attorney Fees.. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 01/03/2006)
70 RESPONSE in Support re: 66 MOTION for Attorney Fees., 67 MOTION for Attorney Fees. Defendants' Reply to EEOC's Preliminary Opposition. Document filed by Quick Quality Restaurant, Inc., Candu Management, Inc.. (Nowak, Kenneth) (Entered: 01/05/2006)
71 NOTICE of APPEAL under FRAP 3. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) (Entered: 01/20/2006)
72 NOTICE OF DISMISSAL OF APPEAL. Appeal to Second Circuit of 1/20. Document filed by Equal Employment Opportunity Commission. (Ranis, Michael) Modified on 4/4/2006 (fk, ). (Entered: 02/14/2006)
73 DECISION AND ORDER: Plaintiffs' action was not frivolous, unreasonable, or groundless; nor did plaintiff continue to litigate after it clearly became so. Accordingly, the motion by defendants for attorneys fees as prevailing parties is denied. SO ORDERED: (Signed by Judge George A. Yanthis on 2/16/2006) "The Clerk's Office Has Mailed Copies".(mde, ) (Entered: 02/17/2006)

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