UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

-against-

MID-STATE MANAGEMENT CORPORATION

and

FELGREN PAYROLL CORPORATION,

: Defendants.

:

~!yi! Action No .... ~

:

COMPLAINT

JURY TRIAL DEMAND’

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Jennifer Sands, Rhonda Alston, Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Simelton and other female candidates for Porter/Gardener positions in Lefrak City who were adversely affected by such practices. As alleged with greater particularity in paragraph 9, below, Defendants Mid-State Management Corporation and Felgren Payroll Corporation failed to hire women for permanent Porter/Gardener jobs, and laid off Ms. Sands and Ms. Campbell from their temporary Porter/Gardener jobs because of their sex.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and

(3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(t)(1) and (3)("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of New York.
PARTIES 3. Plaintifl; the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Mid-State Management Corporation, (hereinafter "Defendant Mid-State"), has continuously been a New York corporation doing business in the State of New York and the City of New York, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Mid-State has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, Defendant Felgren Payroll Corporation (hereinafter "Defendant Felgren"), has continuously been a New York corporation doing business in the State of Ne~v York and the City of New York, and has continuously had at least 15 employees. 7. At all relevant times, Defendant Felgren has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Jennifer Sands and Rhonda Alston filed charges with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least November 1, 1994, Defendant Mid-State and Defendant Felgren have engaged in the following unlawful employment practices at the Queens, New York, apartment complex known as Lefrak City, in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2: a. Terminating the employment of Jennifer Sands and Annette Campbell
because of their sex; and b. Failing to hire qualified women, including but not limited to Jennifer
Sands, Rhonda Alston, Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, and Candice Simelton for permanent Porter/Gardener positions because of their sex. 10. The effect of the practice complained of in paragraph 9(a) above has been to deprive Jennifer Sands, and Annette Campbell of equal employment opportunities and otherwise adversely affect their status as employees because of their sex. 11. The effect of the practice complained of in paragraph 9(b) above has been to deprive Jennifer Sands, Rhonda Alston, Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Simelton and other female candidates for Porter/Gardener positions of equal employment opportunities and otherwise adversely affect their status as applicants for employment because of their sex.
3

12. The unlawful employment practices complained of in paragraph 9 above were intentional.
13. The unlawful employment practices complained of in paragraph 9 above were done with malice or with reckless indifference to the federally protected rights of Jennifer Sands, Rhonda Alston, Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Silnelton and other female candidates for Porter/Gardener positions.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Mid-State its officers, successors, assigns, and all persons in active concert or participation with it, from discharging or failing to hire women on the basis of their sex and from any other employment practice which discriminates on the basis of sex. B. Order Defendant Mid-State to institute and carry out policies, practices, and programs which provide equal employment opportunities for women mad which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Mid-State to make whole Jennifer Sands, Rhonda Alston, Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Simelton and other female candidates for Porter/Gardener positions by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place hiring or placement of Jennifer Sands, Rhonda Alston, Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Simelton and other women who were unsuccessful candidates for Porter/Gardener positions
4

D. Order Defendant Mid-State to make whole Jennifer Sands, Rhonda Alston,

Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Simelton and other female

candidates for Porter/Gardener positions by providing compensation for past and future

pecuniary losses in amounts to be determined at trial.

E. Order Defendant Mid-State to make whole Jennifer Sands, Rhonda Alston,

Annette Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Simelton and other female

candidates for Porter/Gardener positions by providing compensation for past and future

nonpecuniary losses resulting from the unlawful practices complained of in paragraph 9 above,

including pain, suffering and humiliation, in amounts to be determined at trial.

F. Order Defendant Mid-State to pay Jennifer Sands, Rhonda Alston, Annette

Campbell, Venita Joyner, Marlene Lunnon Mitchell, Candice Simelton and other female

candidates for Porter/Gardener positions punitive damages for its malicious and reckless conduct

described in paragraph 9 above, in amounts to be determined at trial.

Go

Grant such further relief as the Court deems necessary and proper in the

public interest.

H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

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

complaint.

Respectfully submitted,

C. Gregory Stewart General Counsel

Gwendolyn Y. Reams Associate General Counsel

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington D.C. 20507
L. Lee ional Attorney .....
Elizabe~th Grossman (EG 2478) Supervisory Trial Attorney
Thomas J. Borek (TB 4879) Trial Attorney New York District Office 7 World Trade Center, 18th Floor New York, N.Y. 10048 (212) 748-8512 (212) 748-8465 (facsimile)

 
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U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:99-cv-05877-JBW

CLOSED

Equal Employment Opp v. Mid-State Management, et al Assigned to: Senior-Judge Jack B. Weinstein Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/23/1999 Date Terminated: 06/01/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Anne Grossman Equal Employment Opportunity Commission New York District Office 33 Whitehall Street, 5th Floor New York, NY 10004 212-336-3696 Fax: 212-336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas J. Borek EEOC 7 World Trade Center New York, NY 10048 212-748-8474 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Mid-State Management Corporation

represented by Laura B. Hoguet Hoguet,Newman & Regal, LLP 10 East 40th Street New York, NY 10016 212-689-8808 Fax: 212-689-5101 Email: lhoguet@hnrlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Luisa K. Hagemeier Hoguet Newman & Regal, LLP

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Defendant Felgren Payroll Corporation

10 East 40th Street New York, NY 10016 (212) 689-8808 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Laura B. Hoguet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Luisa K. Hagemeier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/23/1999 11/24/1999 12/03/1999
12/03/1999 12/03/1999 12/06/1999 12/15/1999
12/15/1999

#

Docket Text

1 COMPLAINT filed and summons(es) issued for Mid-State Management, Felgren Payroll Corp (Chin, Felix) (Entered: 09/23/1999)
2 Defts' Memo in support of their motion for a stay of proceedings. (Greves, Liz) (Entered: 11/29/1999)
3 MOTION by Mid-State Management, Felgren Payroll Corp to stay proceedings until the completion of good-faith efforts by pltff to conciliate this action pursuant to Title VII 706(b) & (f)(1), 42:2000e-5(b) &(f)(1). Motion hearing set for 12/14/99 [3-1] motion. (Greves, Liz) (Entered: 12/06/1999)
4 MEMORANDUM by Mid-State Management, Felgren Payroll Corp in support of [3-1] motion to stay proceedings. (Greves, Liz) (Entered: 12/06/1999)
6 STIPULATION and ORDER dated 12/6/99 that time for defts to answer or move extended until & including 12/30/99. (signed by Judge Jack B. Weinstein). (Greves, Liz) (Entered: 12/13/1999)
5 ORDER dated 11/29/99 that the Court refuses to sign Order to Show Cause. Parties may proceed by regular motion practice. (signed by Judge Jack B. Weinstein on copy of Order to Show Cause). (Greves, Liz) (Entered: 12/06/1999)
7 ORDER dated 12/14/99 GRANTING Thomas Borek's request for extension of time to 12/15/99 to respond to deft's motion to stay proceedings. Motion will be heard 12/27/99 at 10AM. Counsel to notify all parties of this date. (signed by Judge Jack B. Weinstein on copy of letter dated 12/13/99 from Thomas J. Borek). (Greves, Liz) (Entered: 12/15/1999)
8 MEMORANDUM by Equal Employment Opportunity Commission in opposition to defts' [3-1] motion to stay proceedings. (Greves, Liz) (Entered: 12/16/1999)

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12/23/1999 12/23/1999 12/27/1999 01/04/2000 02/07/2000 02/22/2000
02/24/2000 04/17/2000 04/17/2000

9 AFFIDAVIT by Luisa K. Hagemeier on behalf of Mid-State Management, Felgren Payroll Corp. in support of [3-1] motion to stay proceedings until the completion of good-faith efforts by pltff to conciliate this action pursuant to Title VII 706(b) & (f)(1), 42:2000e-5(b) &(f)(1). (Asreen, Wendy) (Entered: 12/27/1999)
10 REPLY MEMORANDUM OF LAW by Mid-State Management, Felgren Payroll Corp in further support of [3-1] motion to stay proceedings until the completion of good-faith efforts by pltff to conciliate this action pursuant to Title VII 706(b) & (f)(1), 42:2000e-5(b) &(f)(1). (Asreen, Wendy) (Entered: 12/27/1999)
11 Calendar entry: Before Judge Weinstein on 12/27/99 at 10:00. Case called. Counsel for all sides present. Motion argued. Motion denied. Case adjourned to 2/23/00 for final PTC. Jury selection 3/20/00. Trial 3/27/00. PTO given to parties. (Greene, Donna) (Entered: 12/28/1999)
12 ORDER dated 12/29/99 denying motion to stay proceedings. The issues raised in this motion may be raised by responsive pleadings or by a motion for summary judgment. CM (signed by Judge Jack B. Weinstein). (Greves, Liz) (Entered: 01/04/2000)
CASE NO LONGER REFERRED TO Magistrate Roanne L. Mann as case is ready for trial before J. Weinstein on 3/20/00. (Polanco, Marcie) (Entered: 02/07/2000)
13 ORDER (not dated) that pretrial conference adjourned to 4/18/2000 at 10AM; jury selection & trial adjourned to 5/1/2000. Parties should agree on a schedule for the exchange of expert reports. If an agreement cannot be reached regarding the exchange, the matter is respectfully referred to the magistrate judge. (signed by Judge Jack B. Weinstein on copy of letter dated 2/11/2000 from Thomas J. Borek). (Greves, Liz) (Entered: 02/22/2000)
14 Endorsed ORDER: Granted. [Signed by Judge Weinstein, undated.] See faxed letter dtd. 2/11/2000 from Thomas Borek to JBW requesting additional time to settle the case. c/faxed by Chambers. (Mackey, Donna) (Entered: 02/24/2000)
15 Judge Weinstein's Case Manager's NOTICE to parties that the conference scheduled for 4/18/00 has been adjourned to 6/2/2000 at 9:30AM. The trial set for 5/1/2000 is adjourned. A new date will be set at the conference. (Greves, Liz) (Entered: 04/17/2000)
16 Calendar entry: Before Magistrate Mann on 4/17/2000 discovery phone conference. Court rejects defts' argument that they need not produce ADP machine-readable data on the ground that non-machine-readable data has already been produced. Defense counsel believes that the ADP data may include data relating to non-pertinent job classifications & entities. Defense counsel shall verify whether or not this is the case & the parties shall confer in good faith to resolve the issue. In addition, if deft does not produce the information demanded in the request #12, pltff shall be entitled to subpoena a witness from ADP to help interpret the data. The parties are directed to confer to fashion a stipulation that will obviate the purported need for production of Lefrak City records dating back to l965. Defts have agreed to produce an affidavit of Mid-State's net worth. The parties report that Judge Weinstein has adjourned tomorrow's conference until

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04/24/2000 04/24/2000
05/18/2000 05/18/2000 05/22/2000 05/23/2000 05/24/2000
05/24/2000 05/24/2000 05/24/2000 05/24/2000

6/2/2000. Discovery shall be completed by 5/26/2000. (Greves, Liz) (Entered: 04/24/2000)
17 LETTER dated 4/13/2000 from Laura B. Hoguet to Judge Mannin response to the issues raised in pltff EEOC's letter dated 4/4/2000 & to put certain additional issues on the agenda for a conference. (Greves, Liz) (Entered: 04/24/2000)
18 LETTER dated 4/4/2000 from Thomas J. Borek to Judge Mann requesting Court's assistance obtaining discovery needed to prosecute an employment discrimination complaint on behalf of a class of womenn denied Porter jobs at the Lefrak City apartment complex in Corona, Queens. (Greves, Liz) (Entered: 04/24/2000)
19 ORDER stating that Case Coordinator, set new pretrial conference date, postpone one month. Respectfully referred to Mag. Judge re-discovery.( signed by Judge Jack B. Weinstein , )(endorsed on letter dated 5/10/00 from Thomas Borek to Judge Weinstein). (Dobkin, David) (Entered: 05/18/2000)
20 Notation of Adjournment of pretrial conference from 6/2/00 to 6/29/00 at 10:00a.m. Sent to all parties by Case Manager June Lowe on 5/17/00. (Dobkin, David) (Entered: 05/18/2000)
21 LETTER dated 5/15/2000 from Laura B. Hoguet to Judge Weinstein in response to EEOC's letter to the Court dated 5/10/2000 regarding extension of time to complete discovery until 7/28/2000; & advising that defts do not object to this request. (Greves, Liz) (Entered: 05/22/2000)
27 Calendar entry: Before Magistrate Mann on 5/23/2000 phone discovery conference held. Court addresses the parties' open discovery issues & resolves them on the record. On consent, the discovery period is extended to 6/26/2000. (Greves, Liz) (Entered: 05/24/2000)
22 LETTER dated 5/4/2000 from Luisa K. Hagemeier to Magistrate Mann in response to EEOC's letter dated 5/4/2000 requesting a 2nd pre-motion conference regarding outstanding discovery issues; & that defts submit that no pre-motion conference is necessary at this time. necessary at this time. (Greves, Liz) (Entered: 05/24/2000)
23 LETTER dated 5/10/2000 from Thomas J. Borek to Judge Weinstein requesting a continuance of the date scheduled for the pretrial conference & additional time for discovery in this matter. (Greves, Liz) (Entered: 05/24/2000)
24 Copy of LETTER dated 5/4/2000 from Thomas J. Borek to Judge Mann requesting a 2nd pre-motion conference regarding a 2nd set of discovery issues. (Greves, Liz) (Entered: 05/24/2000)
25 LETTER dated 5/4/2000 from Thomas J. Borek to Judge Mann in response to defts' 5/3/2000 letter, & to advise Court of the status of defts' compliance with Court's Order of 4/17. (Greves, Liz) (Entered: 05/24/2000)
26 LETTER dated 5/2/2000 from Thomas J. Borek to Judge Mann requesting Court's assistance in securing deft's cooperation with the Court's Order of 4/17/2000. (Greves, Liz) (Entered: 05/24/2000)

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05/24/2000 05/24/2000 05/24/2000
06/08/2000 06/08/2000 06/08/2000 06/13/2000 06/13/2000 06/14/2000
06/14/2000

28 LETTER dated 5/16/2000 from Thomas J. Borek to Judge Mann requesting that the Court issue an Order that discovery concludes on 6/26/2000. (Greves, Liz) (Entered: 05/24/2000)
29 LETTER dated 5/3/00 from Luisa Hagemeier to Mag. Mann, written in response to the EEOC's letter dated 5/2/00 regarding discovery issues. (Dobkin, David) (Entered: 05/24/2000)
30 Calendar entry:Before Mag. Mann on 5/224/00 at 12:30p.m. Case called for settlement conference. Court rules that defts have not sustained their burden of establishing the applicability of the atty-client privilege to communications between defense counsel and former employee Ally Vega. (Dobkin, David) (Entered: 05/25/2000)
31 Pltff's MOTION for reconsideration of 5/23/2000 Order. Motion hearing before Magistrate Mann on a date & time to be designated by the Court. Motion file stamped: 6/8/2000. (Greves, Liz) (Entered: 06/08/2000)
32 Pltff's MEMORANDUM in support of its [31-1] motion for reconsideration of 5/23/2000 Order. (Greves, Liz) (Entered: 06/08/2000)
33 6/7/2000 Declaration of Thomas J. Borek in support of pltff's motion for reconsideration of the Court's 5/23/2000 Order. (Greves, Liz) (Entered: 06/08/2000)
34 TRANSCRIPT filed for telephone Conf. before Mag Mann for dates of 4/17/00 (Jackson, Ramona) (Entered: 06/13/2000)
35 TRANSCRIPT filed for telephone conf. before Mag Mann for dates of 5/23/2000 (Jackson, Ramona) (Entered: 06/13/2000)
37 ENDORSED ORDER on letter to Judge Mann from Thomas Borek, attorney for the plaintiff, submitting evidence that defendant mistated its financial position. Defendant shall, by 6/19/00 respond in writing to the arguments contained herein, including plaintiff's claims that defendant misrepresented its financial status. Signed by Magistrate Roanne L. Mann , on 6/15/00. c/f-Chambers (Lee, Tiffeny) (Entered: 06/16/2000)
41 Calendar entry: Discovery telephone conference held before Magistrate Mann on 6/14/00, tape recorded. Appearances for the plaintiff by Thomas Borek and Andree Peart; Appearances for the defense by Laura Hoguet. Rulings: This Court declines to modify the 6/26/00 discovery cut-off unless and until Judge Weinstein decides to adjourn the 6/29/00 final pre trial conference. For the reasons stated on the record, and based on the parties' most recent submissions, the Court declines to modify its 5/23/00 ruling denying plaintiff's [31-1] motion for reconsideration, requesting financial information beyond the net worth afidavit that plaintiff agreed to accept during the 4/17/00 telephone conference. Plaintiff states that it intends to submit yet another letter on this issue raising new arguments (to wit, challenging the credibility of the new worth statement and citing case not previously brought to the Court's attention). Defendants shall deliver to plaintiff, for receipt no later than 2:00 pm on 6/15/00, the demanded fringe benefit information for the missing time periods, as well as "autopay" records for 1994 and 1995 or, if they are unavailable, check registers containing the requested information. Defendants are warned that if they again fail to make timely

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06/15/2000 06/16/2000
06/16/2000 06/16/2000 06/23/2000
06/23/2000
06/23/2000 06/26/2000 06/30/2000 07/11/2000

production of any of the aforesaid documents, this court will recommend that sanctions be imposed, including an appropriate preclusion order and/or jury charge concerning a negative inference. of 5/23/2000 Order. (Lee, Tiffeny) (Entered: 06/16/2000)
36 LETTER dated 6/7/2000 from Andree M.Peart to Mag Mann motion for reconsideration filed. (Jackson, Ramona) (Entered: 06/15/2000)
38 LETTER dated 6/8/2000 from Andree M Peart to Mag Mann EEOc request the court reconsider and reverse the order denying EEOC'S request to conduct discovery into deft's finances and requiring EEOC'S to reply solely upon the deft's affidavit stating they have no net worth. (Jackson, Ramona) (Entered: 06/16/2000)
39 LETTER dated 6/13/2000 from from to Thomas J.Borek pltff's request that discovery closure be postponed until July 24,2000 aand that the final pre trial conf. be set for a date after July 26,2000. (Jackson, Ramona) (Entered: 06/16/2000)
40 LETTER dated 6/13/2000 from Laura B Hoguet to Mag Mann Mid State Management Corp. submit this letter in opposition to EEOC'S letter dtd. 6/8/2000. (Jackson, Ramona) (Entered: 06/16/2000)
42 LETTER dated 6/13/00 from Thonas Borek, Esq. to Judges Weinstein and Mann, requesting that defs be ordered to take following actions: 1) supply fringe benefit info 2) provide immediate access to original "check registers," and all paper time and attendance documents pertaining to porters, and allow pl to copy any such documents on or off premises 3) report to Court w/in 3 business days regarding their compliance . Pl also requests discovery closure postponed until 7/24/00 and final pre-trial conference set for a date after 7/26/00. (Lee, Tiffeny) (Entered: 06/23/2000)
43 LETTER dated 6/15/00 from Thomas Borek, Esq. to Judge Weinstein clarifying letter of 6/13/00 and reqesting that Judge Weintstein set the final pre-trial conference for a date after 7/26/00 and give Judge Mann the opportunity to reschedule the discovery cutoff accordingly. (Lee, Tiffeny) (Entered: 06/23/2000)
Endorsed order granting plaintiff's requests as specified in [43-1] letter. Signed by Judge Jack B. Weinstein , on 6/19/00. c/m-Chambers (Lee, Tiffeny) (Entered: 06/23/2000)
44 NOTATION of adjournment, the 6/29/00 pre-trial conference has been adjourned for 10:00 on 9/7/00. Signed by June Lowe, Case Manager on 6/22/00. (Lee, Tiffeny) (Entered: 06/26/2000)
45 OBJECTIONS by Equal Employment Opportunity Commission to the June 14 Order of the Honorable Roanne L. Mann. (Lee, Tiffeny) (Entered: 07/05/2000)
46 ENDORSED ORDER, on letter dated 6/29/00 from Thomas Borek, Esq. to Judge Weinstein, setting hearing for the EEOC's Objections to the 6/14/00 Order of Judge Mann for 9/7/00 at 10:00. Signed by Judge Jack B. Weinstein , on 6/30/00. c/m-Chambers (Lee, Tiffeny) (Entered: 07/11/2000)

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08/11/2000
09/01/2000 09/01/2000 09/01/2000

47 MEMORANDUM by defendants in response to plaintiff's [45-1] objections to Magistrate Mann's 6/14/00 Order. (Asreen, Wendy) (Entered: 07/17/2000)
48 Equal Employment Opp reply to dft's response to pltff's objections to Mag. Mann's 6/14/00 Order. (Piper, Francine) (Entered: 07/21/2000)
49 MOTION by Equal Employment Opp for partial summary judgment that EEOC has met its procedural prerequisites to suit, and that defendants' affirmative defenses are without merit ; Motion hearing date not set . (Lee, Tiffeny) Modified on 08/04/2000 (Entered: 08/04/2000)
50 MEMORANDUM by Equal Employment Opp in support of [49-1] motion for partial summary judgment that EEOC has met its procedural prerequisites to suit, and that defendants' affirmative defenses are without merit. (Lee, Tiffeny) (Entered: 08/04/2000)
51 Plaintiff's Statement fo Undisputed Facts in Support of its [49-1] motion for partial summary judgment that EEOC has met its procedural prerequisites to suit, and that defendants' affirmative defenses are without merit. (Lee, Tiffeny) (Entered: 08/04/2000)
52 Declaration Regarding Attachments to Plaintiff's Statement of Undisputed Facts in Support of its [49-1] motion. (Lee, Tiffeny) (Entered: 08/04/2000)
53 MOTION by Equal Employment Opp in limine for an Order precluding defendants from offering or soliciting any evidence or testimony or making any statements in the presence of a jury regarding the EEOC's efforts to conciliate the claims at issue herein; Any Claimants lifestyle or sexual orientation; Any Claimants receipt of income from an unemployment compensation, worker's comp or governmental welfare; Any Claimants job performance, attendance or injuries while working for defendants after 1996 . Motion hearing not set . (Lee, Tiffeny) (Entered: 08/14/2000)
54 MEMORANDUM by Equal Employment Opp in support of [53-1] motion in limine for an Order precluding defendants from offering or soliciting any evidence or testimony or making any statements in the presence of a jury regarding the EEOC's efforts to conciliate the claims at issue herein; Any Claimants lifestyle or sexual orientation; Any Claimants receipt of income from an unemployment compensation, worker's comp or governmental welfare; Any Claimants job performance, attendance or injuries while working for defendants after 1996. (Lee, Tiffeny) (Entered: 08/14/2000)
55 MEMORANDUM by Mid-State Management, Felgren Payroll Corp in opposition to plaintiff's first [53-1] motion in limine. (Rodriguez,Angela) (Entered: 09/01/2000)
56 CROSS MOTION by Mid-State Management, Felgren Payroll Corp for summary judgment . Motion hearing not specified . (Rodriguez,Angela) (Entered: 09/01/2000)
57 MEMORANDUM by Mid-State Management, Felgren Payroll Corp in opposition to [49-1] motion for partial summary judgment and in support of [56-1] cross motion for summary judgment. (Rodriguez,Angela) (Entered: 09/01/2000)

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09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/05/2000 09/05/2000 09/05/2000 09/07/2000
09/19/2000 09/25/2000 09/28/2000

58 AFFIDAVIT of Luisa K. Hagemeier in opposition to [49-1] motion for partial summary judgment and in support of [56-1] cross motion for summary judgment. (Rodriguez,Angela) (Entered: 09/01/2000)
59 Rule 56.1 Statement (formerly Rule 3(g) in support of [56-1] cross motion for summary judgment, and in opposition to [49-1] motion for partial summary judgment. (Rodriguez,Angela) (Entered: 09/01/2000)
60 ORDER endorsed on letter dated 8/16/00 from Laura Hoguet to Judge Weinstein denying request to adjourn trial date. The Court is sympathetic, but it must log this case in with other trials. It will see what it can do on 9/7/00. Signed by Judge Jack B. Weinstein on 8/18/00. (Rodriguez,Angela) (Entered: 09/01/2000)
61 MOTION by Equal Employment Opp. to bifurcate Issues of Liability and Relief . Motion hearing date not specified . Motion file stamped: 9/1/00 and mailed/served: 9/1/00. (Rodriguez,Angela) (Entered: 09/05/2000)
62 MEMORANDUM by Equal Employment Opp. in support of [61-1] motion to bifurcate Issues of Liability and Relief. (Rodriguez,Angela) (Entered: 09/05/2000)
63 MOTION by Equal Employment Opp in limine to exclude evidence of unreported income and supporting memorandum. Motion hearing not specified . Motion file stamped: 9/5/00 and mailed/served: 9/1/00. (Rodriguez,Angela) (Entered: 09/07/2000)
64 MOTION by Equal Employment Opp in limine to exclude rumors of payments to the tenant assocoation and supporting memorandum. Motion hearing not specified . Motion file stamped: 9/5/00 and mailed/served: 9/1/00. (Rodriguez,Angela) (Entered: 09/07/2000)
65 REPLY MEMORANDUM OF LAW by Equal Employment Opp in further support of its first [53-1] motion in limine. (Rodriguez,Angela) (Entered: 09/07/2000)
66 Calendar entry: Motion conference heard before Judge Weinstein on 9/7/00. Counsel for all sides present. Motion argued. Rulings on the record. Magistrate order is sustained. Bifurcation issue and in limine motion respectfully referred to Magistrate Judge. Court Reporter: Tony Mancuso. (Rodriguez,Angela) (Entered: 09/11/2000)
67 LETTER dated 8/29/00 from Luisa Hagemeier to Thomas Borek, Esq. enclosing Defendant's Memorandum in Opposition to Plaintiff's First Motion in Limine and related documents. (Rodriguez,Angela) (Entered: 09/19/2000)
68 REPLY MEMORANDUM OF LAW by Equal Employment Opp. in further opposition to [56-1] cross motion for summary judgment, and in further support of [49-1] motion for partial summary judgment. (Rodriguez,Angela) (Entered: 09/26/2000)
70 MEMORANDUM by Mid-State Management, Felgren Payroll Corp in opposition to [61-1] motion to bifurcate Issues of Liability and Relief. (Rodriguez,Angela) (Entered: 10/02/2000)

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10/02/2000 10/12/2000 10/16/2000 10/18/2000 10/18/2000 11/03/2000 11/03/2000 11/03/2000 11/03/2000 11/07/2000 11/09/2000
11/09/2000 11/16/2000

69 TRANSCRIPT of Motion and Pretrial Conference before Judge Weinstein filed for dates of 9/7/00. Court Reporter: Anthony Mancuso. (Rodriguez,Angela) (Entered: 10/02/2000)
71 NOTICE: A motion hearing will be held on 10/31/00 at 10:00 before Judge Weinstein. (Signed by June Lowe, Case Manager to Judge Weinstein, on 9/29/00) (Rodriguez,Angela) (Entered: 10/12/2000)
72 REPLY MEMORANDUM OF LAW by EEOC in further support of [61-1] motion to bifurcate Issues of Liability and Relief. (Rodriguez,Angela) (Entered: 10/19/2000)
73 REPLY MEMORANDUM OF LAW by Mid-State Management, Felgren Payroll Corp in further support of [56-1] cross motion for summary judgment. (Rodriguez,Angela) (Entered: 10/19/2000)
74 REPLY AFFIDAVIT of Charles Mehlman in support of [56-1] cross motion for summary judgment. (Rodriguez,Angela) (Entered: 10/19/2000)
75 MOTION by Equal Employment Opp for partial summary judgment that EEOC has met its procedural prerequisites to suit, and that defendants' affirmative defenses are without merit . Motion hearing not specified . Motion file stamped: and mailed/served: 8/3/00. (Rodriguez,Angela) (Entered: 11/06/2000)
76 MEMORANDUM by Equal Employment Opp in support of [75-1] motion for partial summary judgment that EEOC has met its procedural prerequisites to suit, and that defendants' affirmative defenses are without merit. (Rodriguez,Angela) (Entered: 11/06/2000)
77 AFFIDAVIT by Equal Employment Opp in support of [75-1] motion for partial summary judgment that EEOC has met its procedural prerequisites to suit, and that defendants' affirmative defenses are without merit. (Rodriguez,Angela) (Entered: 11/06/2000)
78 Rule 56.1 Statement(formerly Rule 3(g) by Equal Employment Opp re: [75-1] motion for partial summary judgment that EEOC has met its procedural prerequisites to suit, and that defendants' affirmative defenses are without merit. (Rodriguez,Angela) (Entered: 11/06/2000)
79 NOTICE: The motion scheduled for 10/31/00 has been adjourned to 11/14/00 at 10:00. Signed by June Lowe, Case Manager to Judge Weinstein, on 10/31/00. (Rodriguez,Angela) (Entered: 11/07/2000)
80 MOTION by Equal Employment Opp for leave to file plaintiff's surreply to defendants' reply to the EEOC's memorandum of law in opposition to defendants' cross-motion for summary judgment . Motion hearing not specified . Motion file stamped: 11/9/00 and mailed/served: 11/9/00. (Rodriguez,Angela) (Entered: 11/14/2000)
81 Plaintiff's second supplemental statement of undisputed facts filed on 11/9/00. (Rodriguez,Angela) (Entered: 11/14/2000)
82 ORDER endorsed on letter dated 11/13/00 from Laura Hoguet to Judge Weinstein. Defendants are granted five days to respond to plaintiff's surreply. Oral argument adjourned one week. (signed by Judge Jack B. Weinstein on

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11/13/00) (Rodriguez,Angela) (Entered: 11/17/2000)
84 MEMORANDUM by Mid-State Management, Felgren Payroll Corp in opposition to [80-1] motion for leave to file plaintiff's surreply and in partial response to the surreply. (Rodriguez,Angela) (Entered: 11/28/2000)
85 AFFIDAVIT of Luisa Hagemeier in opposition to plaintiff's [80-1] motion for leave to file plaintiff's surreply to defendants' reply to the EEOC's memorandum of law in opposition to defendants' cross-motion for summary judgment. (Rodriguez,Angela) (Entered: 11/28/2000)
83 ORDER endorsed on letter dated 11/14/00 from Laura Hoguet to Judge Weinstein. Argument on cross-motions for summary judgment will be adjourned. Case Coordinator is to set new date. (signed by Judge Jack B. Weinstein on 11/4/00) (Rodriguez,Angela) (Entered: 11/28/2000)
86 Calendar entry: Motion conference held before Judge Weinstein on 11/28/00. Order to be submitted by the parties. Rulings made on the record. Case adjourned to 3/12/01 for trial. (Rodriguez,Angela) (Entered: 12/14/2000)
87 PRETRIAL ORDER signed by Judge Jack B. Weinstein on date not indicated. Jury selection set for 3/12/01 before Magistrate. Trial will resume after selection. See document for details. (Rodriguez,Angela) (Entered: 12/26/2000)
88 LETTER, dated 6/15/00 from Thomas J. Boreck to M.J. Mann, advising the Court and Deft's counsel that Mr. Boreck made inaccurate statements during the 6/14/00 telephone conference, and in his letter dtd 6/14/00, regarding MidState's property ownership. (Frullo, Veronica) (Entered: 12/29/2000)
89 ORDER endorsed on letter dated 3/2/01 from Laura Hoguet to Judge Weinstein. Application for extension is granted. Trial date is adjourned and Consent Decree to be submitted by 4/20/01 at 9:00. (signed by Judge Jack B. Weinstein on 3/7/01) (Rodriguez,Angela) (Entered: 03/15/2001)
90 SEALED DOCUMENT placed in vault (figures). (Rodriguez,Angela) (Entered: 05/29/2001)
91 CONSENT JUDGMENT for EEOC against Mid-State Management, Felgren Payroll Corp. (signed by Judge Jack B. Weinstein on 6/1/01) (Rodriguez,Angela) (Entered: 06/07/2001)
Case closed as per doc. #91. (Rodriguez,Angela) (Entered: 06/07/2001)

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