United States Equal Employment Opportunity Commission v. United Health Programs of America, Inc et al Featured Case
Plaintiff: United States Equal Employment Opportunity Commission
Defendant: United Health Programs of America, Inc. and Cost Containment Group, Inc.
Intervenor Plaintiff: Faith Pabon, Francine Pennisi and Elizabeth Ontaneda
Case Number: 1:2014cv03673
Filed: June 11, 2014
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Kiyo A Matsumoto
Referring Judge: James Orenstein
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 451
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2020 Opinion or Order Filing 247 MEMORANDUM AND ORDER denying defendants' #235 motions for judgment as a matter of law or for a new trial with respect to Benedict's and Josey's hostile work environment claims; denying defendants' motion for a new trial or for remittitur with respect to the compensatory damages awards for Benedict, Diaz, Honohan, Josey, Maldari, Pegullo, and Safara; and denying defendants' motions for judgment as a matter of law, for a new trial, or for remittitur, with respect to Diaz's and Pegullo's punitive damages awards. See attached Memorandum and Order for further details. Ordered by Judge Kiyo A. Matsumoto on 3/6/2020. (Zhang, Grace)
March 5, 2020 Opinion or Order Filing 246 JUDGMENT: Without prejudice to Defendants' right to move for remittitur following the entry of judgment, judgment should be entered against Defendants, and in favor of the individual claimants' punitive and compensatory damages. Judgment should be entered requiring Defendants to pay to the Plaintiff thetotal sum of $44,991.11 in costs. (See Judgment for further details). So Ordered by Judge Kiyo A. Matsumoto on 3/5/2020. (Herrera, Isaiah)
March 5, 2020 Opinion or Order Filing 245 Letter to Judge Kiyo Matsumoto Enclosing Revised Judgment by Cost Containment Group, Inc., United Health Programs of America, Inc. (Attachments: #1 Proposed Judgment) (Traub, Amy)
March 3, 2020 Opinion or Order ORDER. The parties are respectfully directed to re-file the proposed judgment, with the following corrections: (1) the document should be titled "JUDGMENT" instead of "JOINT PROPOSED JUDGMENT"; (2) The opening paragraph of the proposed judgment [244-1] should be deleted, and the second paragraph should begin with, "Judgment is entered nunc pro tunc, as of January 29, 2019, as follows:" ; (3) the "Dated" line should state "Brooklyn, New York" rather than "New York, New York"; and (4) the parties' signature blocks should be removed, and only Judge Matsumoto's signature line should remain. Ordered by Judge Kiyo A. Matsumoto on 3/3/2020. (Zhang, Grace)
February 28, 2020 Opinion or Order Filing 244 Letter to Judge Kiyo Matsumoto from Amy J. Traub Re: Entry of Judgment by Cost Containment Group, Inc., United Health Programs of America, Inc. (Attachments: #1 Joint Proposed Judgment) (Traub, Amy)
February 20, 2020 Opinion or Order Minute Entry for Telephone Conference held before Judge Kiyo A. Matsumoto held on February 20, 2020. Appearances: Nora Curtin, Esq. represented plaintiff EEOC. Amy Traub, Esq. and Amanda Garofalo, Esq. represented defendants. Due to the court's oversight, judgment was not entered as contemplated by the court's December 28, 2018 Memorandum and Order #224 . The parties noted that the plaintiffs-intervenors have resolved their claims as of February 14, 2019. The parties agreed to submit a proposed judgment, incorporating the court's remaining findings regarding damages, injunctive relief, attorney's fees, and costs, as contemplated by the court's December 28, 2018 Memorandum and Order #224 , on or before February 28, 2020, which the court shall enter nunc pro tunc as of December 28, 2018. (Court Reporter Stacy Mace.) (Zhang, Grace)
February 19, 2020 Opinion or Order ORDER. In light of defendants' pending motions for judgment as a matter of law, a new trial, or remittitur, the court directs the parties to appear for a telephonic status conference on Thursday, February 20, 2020 at 3 p.m. regarding the judgment, which has not yet been entered in this case as contemplated by the court's Memorandum and Order dated December 28, 2018. Defendants shall contact chambers at 7186132180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 2/19/2020. (Zhang, Grace)
January 24, 2020 Opinion or Order Filing 243 Letter by United States Equal Employment Opportunity Commission (Curtin, Nora)
July 18, 2019 Opinion or Order Filing 242 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 27, 2018, before Judge Matsumoto. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/8/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/16/2019. (Heading, Charleane)
July 12, 2019 Opinion or Order ORDER. The court previously granted the parties' proposed briefing schedule, as well as the EEOC's request for lengthy briefing beyond the court's standard page limits. The court will consider the pending #235 motion along with numerous motions in other cases. Ordered by Judge Kiyo A. Matsumoto on 7/12/2019. (Spriggs, Steven)
July 11, 2019 Opinion or Order Filing 241 Letter by United States Equal Employment Opportunity Commission (Fox-Solomon, Elizabeth)
April 25, 2019 Opinion or Order Filing 240 Order Dismissing Parties: That the claims raised by the Plaintiff-Intervenors' Complaint are hereby dismissed with prejudice and without costs to any party. This stipulation does not dismiss the EEOC's Complaint and, thus, the entire action should not be closed. Party Francine Pennisi, Elizabeth Ontaneda and Faith Pabon terminated. (Ordered by Judge Kiyo A. Matsumoto on undated) c/m (Galeano, Sonia)
April 25, 2019 Opinion or Order Filing 239 STIPULATION of Dismissal of Plaintiff-Intervenors by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi (Mango, Anthony)
April 17, 2019 Opinion or Order Filing 238 REPLY in Support re #235 MOTION for Judgment as a Matter of Law and for a New Trial or, in the Alternative, for Remittitur filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
April 17, 2019 Opinion or Order Filing 237 MEMORANDUM in Opposition re #235 MOTION for Judgment as a Matter of Law and for a New Trial or, in the Alternative, for Remittitur filed by United States Equal Employment Opportunity Commission. (Attachments: #1 Declaration) (Fox-Solomon, Elizabeth)
April 17, 2019 Opinion or Order Filing 236 MEMORANDUM in Support re #235 MOTION for Judgment as a Matter of Law and for a New Trial or, in the Alternative, for Remittitur filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
April 17, 2019 Opinion or Order Filing 235 MOTION for Judgment as a Matter of Law and for a New Trial or, in the Alternative, for Remittitur by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
March 22, 2019 Opinion or Order Filing 234 RESPONSE in Opposition re #233 Letter MOTION for Leave to File Excess Pages (Letter Response) filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
March 22, 2019 Opinion or Order ORDER granting #233 Motion for Leave to File Excess Pages. The court grants plaintiff EEOC's request for an additional ten pages for its response. The defendants are also granted an additional ten pages for their reply to the EEOC's response. Ordered by Judge Kiyo A. Matsumoto on 3/22/2019. (Spriggs, Steven)
March 21, 2019 Opinion or Order Filing 233 Letter MOTION for Leave to File Excess Pages by United States Equal Employment Opportunity Commission. (Fox-Solomon, Elizabeth)
February 22, 2019 Opinion or Order Filing 232 First MOTION for Extension of Time to File Response/Reply to Post-Trial Briefing by United States Equal Employment Opportunity Commission. (Fox-Solomon, Elizabeth)
February 22, 2019 Opinion or Order ORDER granting #232 Motion for Extension of Time to File Response/Reply re Post-Trial Briefing. The court grants the parties' request for an extension to the briefing schedule. Defendants shall serve, but not file, any post-trial motions on the EEOC by February 25, 2019. The EEOC shall serve, but not file, its response on the Defendants by March 27, 2019. The Defendants shall serve their reply, if any, by April 17, 2019. The parties shall file the fully-briefed motions in logical order via ECF on April 17, 2019. The parties are kindly reminded to provide the court with two physical courtesy copies of all documents filed via ECF. Ordered by Judge Kiyo A. Matsumoto on 2/22/2019. (Spriggs, Steven)
February 14, 2019 Opinion or Order Filing 231 Letter re: Settlement with Intervenors by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
February 6, 2019 Opinion or Order Filing 230 ORDER: At telephone conferences on January 29 and 30, 2019, counsel for the parties and the court discussed the impropriety of ex parte letters to the court sent by interested individuals. Defense counsel advised at the January 30 conference that they had taken measures to advise their clients and their employees that letters should not be sent directly to the court and that defense counsel were aware that additional letters from defendants' employees had already been mailed to the court. A letter dated 1/21/19 (attached hereto), from defendant's COO, who testified and appeared daily at the trial, was received in chambers on 2/5/19, and reflected a misunderstanding about the litigation process and the role of the jury at trial. To the extent that this individual takes issue with the court's decisions on motions during which all parties had the opportunity to be heard, and believes that witnesses lied at trial, the judicial process requires the court to make decisions based on the facts and law presented by the motions, and further requires the trial jury to assess the evidence and determine the credibility of witnesses. Moreover, the jury was specifically instructed that their verdict must be based on the evidence at trial and the court's legal instructions, and not on anything that counsel or the court may have said during the trial. Trial Tr. at 116:1-122:21 (Williams-Jackson, Sandra).
January 30, 2019 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: At the request of defense counsel, who advised that they wished to update the court with certain information, the court held a telephonic conference. The EEOC was represented by Nora Curtin, Esq., and the intervenor-plaintiffs were represented by Anthony Mango, Esq. The defendant was represented by Amy Traub, Esq., and Amanda Van Hoose Garofalo, Esq. Defense counsel informed the court that they learned that 5 employees of the defendant also sent letters regarding the case. Defense counsel and the CEO of the defendant were not aware in advance that the letters had been sent. (Court Reporter Michele Nardone.) (Spriggs, Steven)
January 29, 2019 Opinion or Order Filing 229 Letter dated 1/23/19 from Luna Russo to Judge Matsumoto regarding the court's trial. (Williams-Jackson, Sandra)
January 29, 2019 Opinion or Order Filing 228 Letter dated January 19, 2019 to Judge Matsumoto from Kelly Coleman, regarding the trial and to express her discontentment with the Court. (Williams-Jackson, Sandra)
January 29, 2019 Opinion or Order Filing 227 NOTICE of Appearance by Elizabeth Fox-Solomon on behalf of United States Equal Employment Opportunity Commission (notification declined or already on case) (Fox-Solomon, Elizabeth)
January 29, 2019 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: The court held a telephonic conference regarding letters received in chambers on January 29, 2019 from 2 individuals who were closely associated with or related to a relative of the defendant's CEO. The court expressed concern that similar letters were sent or might be sent to other individuals associated with the case. Upon agreement of the parties, the letters will be uploaded to the docket for attorneys' eyes only. (Court Reporter Michele Nardone.) (Spriggs, Steven)
January 29, 2019 Opinion or Order ORDER. The parties are reminded that the stay in this case is lifted as of January 28, 2019, per the terms of the court's December 28, 2018 order, and they are directed to file any post-trial motions within 28 days of the lift. Ordered by Judge Kiyo A. Matsumoto on 1/29/2019. (Spriggs, Steven)
January 3, 2019 Opinion or Order Filing 226 ORDER granting #225 Motion for Leave to Appear Pro Hac Vice -- Attorney Elizabeth Fox-Solomon, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By January 10, 2019, Ms. Fox-Solomon shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Fox-Solomon shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge James Orenstein on 1/3/2019. (Gustafson, Kaelyn)
December 28, 2018 Opinion or Order Filing 225 MOTION to Appear Pro Hac Vice re: Atty Elizabeth Fox-Solomon by United States Equal Employment Opportunity Commission. (Attachments: #1 Affidavit in Support, #2 Certifiate of Good Standing) (Galeano, Sonia)
December 28, 2018 Opinion or Order Filing 224 ORDER granting in part and denying in part #210 Motion for Permanent Injunction; granting in part and denying in part #211 Motion for Attorney Fees. The court grants in part and denies in part plaintiffs' #210 motion for injunctive and equitable relief and entry of judgment and plaintiffs' #211 motion for attorneys' fees and costs per the attached memorandum and order. Ordered by Judge Kiyo A. Matsumoto on 12/28/2018. (Spriggs, Steven)
December 28, 2018 Opinion or Order ORDER granting #223 Motion to Stay. The court grants plaintiff EEOC's motion to stay the action until the federal government shutdown is concluded, or for thirty days, whichever is earlier. Any additional motions, including those made pursuant to Federal Rules of Civil Procedure 50 and 59, must be filed within 28 days of the lifting of the stay. Ordered by Judge Kiyo A. Matsumoto on 12/28/2018. (Spriggs, Steven)
December 26, 2018 Opinion or Order Filing 223 Consent MOTION to Stay Pursuant to Lapse in Government Appropriations by United States Equal Employment Opportunity Commission. (Curtin, Nora)
December 13, 2018 Opinion or Order ORDER granting #222 Motion to Withdraw as Attorney -- The motion is granted; attorney Charles Coleman, Jr. terminated. Ordered by Magistrate Judge James Orenstein on 12/13/2018. (Gustafson, Kaelyn)
December 12, 2018 Opinion or Order Filing 222 MOTION to Withdraw as Attorney by United States Equal Employment Opportunity Commission. (Attachments: #1 Declaration Declaration of Charles Coleman Jr.) (Coleman, Charles)
November 1, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Status Conference held on 10/31/2018. Appearances: For plaintiff EEOC, Charles Coleman and Nora Curtin; for intervenor plaintiffs, Anthony Mango; for defendant, Dennis Duffy and Amanda Van Hoose Garofalo. The parties were heard regarding the parties' post-trial briefing and expectation of post-judgment motion practice regarding sufficiency of trial evidence. (Court Reporter Annette Montalvo.) (Spriggs, Steven)
October 30, 2018 Opinion or Order ORDER. The court hereby ORDERS the parties to participate in a telephonic conference with the court on October 31, 2018 at 12 p.m. to discuss remittitur and damages. The parties shall coordinate a call among themselves and dial into chambers (718-613-2180) when all parties are on the line. If the parties are not available at the appointed time, the parties shall file a joint letter with the court providing the court with dates and times when all parties will be available. Ordered by Judge Kiyo A. Matsumoto on 10/30/2018. (Renzler, Katie)
October 18, 2018 Opinion or Order NOTICE re #219 Bill of Costs. The taxation of costs shall be held in abeyance until after judgment is entered. Counsel is directed to renotice and refile the bills of costs, if appropriate, at that time. See Local Rule 54.1(a). Douglas C. Palmer, Clerk of Court, by Brenna B. Mahoney, Chief Deputy. (Mahoney, Brenna)
October 1, 2018 Opinion or Order ORDER granting #221 Motion to Withdraw as Attorney -- The application is granted; attorney Andrea Chinyere Ezie terminated. Ordered by Magistrate Judge James Orenstein on 10/1/2018. (Gustafson, Kaelyn)
September 28, 2018 Opinion or Order Filing 221 MOTION to Withdraw as Attorney by United States Equal Employment Opportunity Commission. (Attachments: #1 Declaration of Andrea Chinyere Ezie) (Ezie, Andrea)
August 8, 2018 Opinion or Order Filing 220 AFFIDAVIT/AFFIRMATION re #219 Bill of Costs by United States Equal Employment Opportunity Commission (Coleman, Charles)
August 7, 2018 Opinion or Order NOTICE re #219 Bill of Costs. Counsel is directed to file an affidavit that the costs claimed are allowable by law, are correctly stated, and were necessarily incurred, as is required by Local Rule 54.1(a). Douglas C. Palmer, Clerk of Court, by Brenna B. Mahoney, Chief Deputy for Court Operations. (Mahoney, Brenna)
June 8, 2018 Opinion or Order Filing 219 BILL OF COSTS dated June 8, 2018 by United States Equal Employment Opportunity Commission (Attachments: #1 Documentation Supporting Plaintiff EEOC's Revised Bill of Costs) (Ezie, Andrea)
June 8, 2018 Opinion or Order Filing 218 REPLY in Support re #211 MOTION for Attorney Fees and Costs filed by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Declaration Charles F. Coleman, Jr. in Support of Plaintiff EEOC's Motion for Costs, #2 Exhibit A: Excerpt of Transcript from the March 27, 2018 Pre-Trial Conference, #3 Exhibit B: Excerpt of April 2, 2018 Trial Transcript, #4 Exhibit C: Bill of Costs from EEOC v. Northern Star Hospitality d/b/a Sparkx Restaurant, No. 12-cv-214-bbc, 2014 U.S. Dist. LEXIS 10084 (W.D. Wis. Jan. 27, 2014))) (Ezie, Andrea)
June 8, 2018 Opinion or Order Filing 217 REPLY in Support re #210 MOTION for Permanent Injunction and Equitable Relief and Entry of Judgment filed by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Declaration of A. Chinyere Ezie dated June 8, 2018, #2 Exhibit 1: KarenKim Verdict Sheet, #3 Exhibit 2: Email from Defendants Counsel to the EEOC dated May 8, 2018) (Ezie, Andrea)
June 8, 2018 Opinion or Order Filing 216 AFFIDAVIT/DECLARATION in Opposition re #211 MOTION for Attorney Fees and Costs (Declaration of Patrick M. Muldowney) filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit A-Anthony Mango's Attorney Profile Page, #2 Exhibit B-Attorney Profile Landing Page, #3 Exhibit C-May 18, 2018 Email Conversation) (Muldowney, Patrick)
June 8, 2018 Opinion or Order Filing 215 MEMORANDUM in Opposition re #211 MOTION for Attorney Fees and Costs filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Muldowney, Patrick)
June 8, 2018 Opinion or Order Filing 214 AFFIDAVIT/DECLARATION in Opposition re #210 MOTION for Permanent Injunction and Equitable Relief and Entry of Judgment (Declaration of Tracy Bourandas) filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
June 8, 2018 Opinion or Order Filing 213 AFFIDAVIT/DECLARATION in Opposition re #210 MOTION for Permanent Injunction and Equitable Relief and Entry of Judgment (Declaration of Amy J. Traub) filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit A-Cost Containment Group's 2018 Employee Handbook, #2 Exhibit B-U.S. Department of Treasury's Daily Treasury Yield Curve Rates from 2012) (Traub, Amy)
June 8, 2018 Opinion or Order Filing 212 MEMORANDUM in Opposition re #210 MOTION for Permanent Injunction and Equitable Relief and Entry of Judgment filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
June 8, 2018 Opinion or Order Filing 211 MOTION for Attorney Fees and Costs by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Memorandum in Support, #2 Declaration of Anthony Mango dated May 9, 2018, #3 Exhibit A: Attorney Fee Invoices, #4 Exhibit B: Plaintiff-Intervenors' Bill of Costs dated May 9, 2018 and Supporting Documentation, #5 EEOC's Bill of Costs dated May 16, 2018 and Supporting Documentation) (Ezie, Andrea)
June 8, 2018 Opinion or Order Filing 210 MOTION for Permanent Injunction and Equitable Relief and Entry of Judgment by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Memorandum in Support, #2 Proposed Order & Attachments (Appendix A), #3 Declaration of A. Chinyere Ezie dated May 9, 2018, #4 Exhibit A: KarenKim Injunction, #5 Exhibit B: Federal Treasury Rates) (Ezie, Andrea)
May 17, 2018 Opinion or Order Email Notification Test - DO NOT REPLY (Levine, Evelyn)
May 16, 2018 Opinion or Order ORDER granting #209 Motion for Extension of Time to File Response/Reply. The court hereby grants plaintiff EEOC's first request for an extension of time to file, to which the other parties do not object, and ORDERS: (1) Defendants shall serve their response to plaintiffs' motion, which was served on May 9, 2018, on or before May 30, 2018; and (2) Plaintiffs shall serve their reply, if any, on or before June 8, 2018. On June 8, 2018, the parties shall file their papers on ECF, in the order they were served, and provide the court with two courtesy copies. Ordered by Judge Kiyo A. Matsumoto on 5/16/2018. (Renzler, Katie)
May 15, 2018 Opinion or Order Filing 209 Letter MOTION for Extension of Time to File Response/Reply of post-trial motions by United States Equal Employment Opportunity Commission. (Coleman, Charles)
April 30, 2018 Opinion or Order Filing 208 Letter re. Briefing Schedule for Plaintiffs' Forthcoming Motion for Injunctive Relief by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
April 27, 2018 Opinion or Order Filing 207 JURY VERDICT / COURT EXHIBIT 9. (Galeano, Sonia)
April 27, 2018 Opinion or Order Filing 206 Jury Notes / COURT EXHIBIT #8. (Galeano, Sonia)
April 27, 2018 Opinion or Order Filing 205 Jury Notes / COURT EXHIBIT #7A. (Galeano, Sonia)
April 27, 2018 Opinion or Order Filing 204 Jury Notes / COURT EXHIBIT #7. (Galeano, Sonia)
April 27, 2018 Opinion or Order Filing 203 Jury Notes / COURT EXHIBIT #6 AND #6A. (Galeano, Sonia)
April 27, 2018 Opinion or Order Filing 202 JOINT EXHIBIT #230. (Galeano, Sonia)
April 27, 2018 Opinion or Order Filing 201 JOINT EXHIBIT #229. (Galeano, Sonia)
April 27, 2018 Opinion or Order Filing 200 COURT EXHIBIT #5 AND WITNESS LIST. (Galeano, Sonia)
April 25, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial completed on 4/25/2018. All jurors were present. The jury deliberated and delivered a verdict. Jurors polled and dismissed. Entry of judgment will be held in abeyance until briefing regarding damages is complete. Briefing for plaintiffs' motion regarding damages and attorney's fees shall be as follows: (1) plaintiffs shall serve their motion on or before May 9, 2018; (2) defendants shall serve their response on or before May 23, 2018; and (3) plaintiffs shall serve their reply, if any, on or before May 30, 2018. On May 30, 2018, the parties shall file their submissions in the order they were served, and provide the court with two courtesy copies of all filings. After judgment has been entered, the parties shall confer and jointly file a letter with the court proposing a briefing schedule for defendants' motions. (Court Reporter Victoria Torres-Butler.) (Renzler, Katie)
April 24, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/24/2018. Case called. All jurors present. Jury deliberations to be continued on 4/25/2018 at 9:00a.m. in Courtroom 6C South before Judge Matsumoto. (Court Reporter Anthony Frisolone.) (Williams-Jackson, Sandra)
April 23, 2018 Opinion or Order Filing 199 ORDERED: That the Court compensate the seven #7 empaneled jurors in the above captioned case for their availability on April 20, 2018, at the daily juror fee rate of $50. Ordered by Judge Kiyo A. Matsumoto on 4/20/2018. (Williams-Jackson, Sandra)
April 23, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/23/2018. Case called. All jurors present. Jury deliberations to be continued on 4/24/2018 at 9:00a.m. in Courtroom 6C South before Judge Matsumoto. (Court Reporter Victoria Butler.) (Williams-Jackson, Sandra)
April 19, 2018 Opinion or Order Filing 198 Exhibit List Jointly Submitted by the Parties Identifying All Exhibits Admitted at Trial by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Ezie, Andrea)
April 19, 2018 Opinion or Order Filing 197 Final Jury Instructions, marked Court Exhibit 4, and Final Verdict Form, marked Court Exhibit 4A, as delivered by the court and distributed to the parties on April 18, 2018. Ordered by Judge Kiyo A. Matsumoto on 4/19/2018. (Renzler, Katie)
April 19, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/19/2018. Case called. All jurors present. Jury deliberations to be continued on 4/23/2018 at 9:00a.m. in Courtroom 6C South before Judge Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
April 18, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/18/2018. Case called. All jurors present. Plaintiffs Rebuttal held. The jury was charged, CSO sworn, and the case was submitted to the jury for deliberations. Jury trial to be continued on 4/19/2018 at 9:00a.m. in Courtroom 6C South before Judge Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
April 17, 2018 Opinion or Order Filing 196 Proposed Jury Instructions, marked as Court Exhibit 2, and proposed Verdict Sheet, marked as Court Exhibit 2A. Ordered by Judge Kiyo A. Matsumoto on 4/17/2018. (Renzler, Katie)
April 17, 2018 Opinion or Order Filing 195 Letter to Judge Matsumoto re: Parties' Agreed Upon Inserts and/or Amendments to the Court's Proposed Jury Instructions by Cost Containment Group, Inc., United Health Programs of America, Inc. (Van Hoose Garofalo, Amanda)
April 17, 2018 Opinion or Order Filing 194 Proposed Jury Instructions, marked as Court Exhibit 1, and proposed Verdict Sheet, marked as Court Exhibit 1A. Ordered by Judge Kiyo A. Matsumoto on 4/17/2018. (Renzler, Katie)
April 17, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/17/2018. Case called. All jurors present. Closing arguments held. Jury trial to be continued on 4/18/2018 at 9:00a.m. in Courtroom 6C South before Judge Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
April 17, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Status Conference held on 4/17/2018. Case Called. All parties were present. Charging Conference held. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
April 16, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/16/2018. Jury Trial held on 4/13/2018. Case Called. All parties were present. Witnesses Sworn, testified and exhibits marked and entered. The defense rested. Jury Trial shall continue on April 17, 2018 at 1:00p.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Rivka Teich.) (Williams-Jackson, Sandra)
April 13, 2018 Opinion or Order Filing 193 NOTICE by Cost Containment Group, Inc., United Health Programs of America, Inc. re #175 Proposed Pretrial Order, of Filing Revised Defendants' Deposition Designations & Plaintiffs' Cross-Designations (Traub, Amy)
April 13, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/13/2018. Case Called. All parties were present. Witnesses Sworn, testified and exhibits marked and entered. Jury Trial shall continue on April 16, 2018 at 9:.00a.m. in Courtroom 6C South. (Court Reporter Stacy Mace.) (Williams-Jackson, Sandra)
April 12, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/12/2018. Case Called. All parties were present. Witnesses Sworn, testified and exhibits marked and entered. Jury Trial shall continue on April 13, 2018 at 9:.00a.m. in Courtroom 6C South. (Court Reporter Stacy Mace.) (Williams-Jackson, Sandra)
April 11, 2018 Opinion or Order Filing 192 EXHIBIT Key Regarding Parties' Designations of Denali Jordan's Deposition Testimony by Cost Containment Group, Inc., United Health Programs of America, Inc.. Related document: #191 Notice(Other) filed by Cost Containment Group, Inc., United Health Programs of America, Inc., #175 Proposed Pretrial Order, filed by Faith Pabon, Francine Pennisi, Elizabeth Ontaneda, United States Equal Employment Opportunity Commission, #187 Notice(Other), filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
April 11, 2018 Opinion or Order Filing 191 NOTICE by Cost Containment Group, Inc., United Health Programs of America, Inc. re #175 Proposed Pretrial Order, of Filing Revised Defendants' Designations and Plaintiffs' Counter Designations (Traub, Amy)
April 11, 2018 Opinion or Order Filing 190 EXHIBIT by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Organizational Chart, #2 Dates of Employment at the Company) (Ezie, Andrea)
April 11, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/11/2018.. Case Called. All parties were present. Witnesses Sworn, testified and exhibits marked and entered. Plaintiffs rests. Jury Trial to be continued on April 12, 2018 at 9:.00a.m. in Courtroom 6C South. (Williams-Jackson, Sandra).
April 10, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/10/2018. Case Called. All parties were present. Witnesses Sworn, testified and exhibits marked and entered. Jury Trial to be continued on April 11, 2018 at 9:.00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Stacy Mace.) (Williams-Jackson, Sandra)
April 9, 2018 Opinion or Order Filing 189 EXHIBIT by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Ezie, Andrea)
April 9, 2018 Opinion or Order ORDER denying #142 Motion to Amend/Correct/Supplement Proposed Voir Dire. For the reasons discussed on the record at the Final Pre-Trial Conference on March 27, 2018, defendants' letter motion seeking permission for use of a supplemental written juror questionnaire is denied. Ordered by Judge Kiyo A. Matsumoto on 4/9/2018. (Renzler, Katie)
April 9, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/9/2018. Case called. All parties were present. For the reasons that were stated on the record, the jury panel was excused for the remainder of the day, and jury trial will continue on 4/10/18 at 9:00a.m. in courtroom 6c south. (Court Reporter Stacy mace.) (Williams-Jackson, Sandra)
April 6, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/6/2018. Case Called. All parties were present. Witnesses Sworn and testified. Exhibits marked and entered. Juror #6 was excused, and Jury Trial to be continued on April 9, 2018 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Michelle Lucchese.) (Williams-Jackson, Sandra)
April 5, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/5/2018. Case Called. All parties were present. Witnesses Sworn, testified and exhibits marked and entered. Jury Trial to be continued on April 6, 2018 at 10:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto (Court Reporter Michelle Lucchese.) (Williams-Jackson, Sandra)
April 4, 2018 Opinion or Order Filing 188 EXHIBIT Defendants' Exhibit CN-Workshop Testimonials (Redacted) by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
April 4, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/4/2018. Case Called. All parties were present. Witnesses Sworn, testified and exhibits marked and entered. Jury Trial to be continued on April 5, 2018 in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Michelle Lucchese.) (Williams-Jackson, Sandra)
April 3, 2018 Opinion or Order Filing 187 NOTICE by Cost Containment Group, Inc., United Health Programs of America, Inc. re #175 Proposed Pretrial Order, of Filing Plaintiffs' Deposition Designations & Defendants' Cross Designations (Replacing Document 175-1) (Attachments: #1 Defendants' Deposition Designations & Plaintiffs' Cross Designations (Replacing Document 175-2)) (Traub, Amy)
April 3, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial held on 4/3/2018. Case Called. All parties were present. Witnesses Sworn and testified, and exhibits marked and entered. Jury Trial to be continued on April 4, 2018 in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Michelle Lucchesse.) (Williams-Jackson, Sandra)
April 2, 2018 Opinion or Order Filing 186 STIPULATION Regarding Admission of Trial Exhibits by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
April 2, 2018 Opinion or Order Filing 185 EXHIBIT Joint Exhibit 159 (Revised) - E-Mail from Bourandas to Staff re: Workshops by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
April 2, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Selection held on 4/2/2018. The Court conducted the Voir Dire and the Jury Panel selected. (Court Reporter Michele Lucchese.) (Renzler, Katie)
April 2, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Jury Trial held on 4/2/2018. Case Called. All parties were present. Jury panel was sworn. Opening statements were heard from both sides. Witness testified and exhibits marked and entered. Jury Trial to be continued on April 3, 2018 in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter Michele Lucchese.) (Renzler, Katie)
April 1, 2018 Opinion or Order Filing 184 STIPULATION between the Parties about Practices Deemed Religious by the Court to be Read to the Jury & During Voir Dire by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
March 31, 2018 Opinion or Order Filing 183 STIPULATION to Be Read to the Jury Regarding Denali Jordan by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
March 30, 2018 Opinion or Order Filing 182 EXHIBIT Defendants' Trial Exhibit B (Redacted) by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Defendants' Trial Exhibit CE (Redacted)) (Traub, Amy)
March 29, 2018 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Final Pretrial Conference held on 3/27/2018. The court addressed various issues raised in the parties' Second Amended Joint Pretrial Order #175 and joint letter dated March 23, 2018 #176 . Specifically, the court ordered: (1) statements by Linda "Denali" Jordan are admissible under Federal Rule of Evidence 801(d)(2)(C), (D); (2) EEOC claimants' statements are admissible under Rule 801(d)(2); (3) plaintiffs' exhibits 118, 119, and 151 are relevant and admissible; (4) plaintiffs' exhibit 55 is admissible as currently redacted; (5) plaintiffs' exhibit 133 is admissible; and (6) defendants' exhibits B and CE are admissible subject to redactions, in the manner discussed on the record. The court reserved judgment as to: (1) defendants' objections to plaintiffs' exhibits 26 and 152 and to plaintiffs' exhibits concerning alleged comparator evidence; and (2) plaintiffs' objections as to defendants' introduction of evidence concerning the religious nature of the use of incense in the workplace and Jordan's one-on-one meetings. The court denied defendants' request for a supplemental, written juror questionnaire. The parties reported that they: (1) resolved the outstanding issues regarding the admissibility of letters sent by the EEOC to claimants; (2) agreed not to mention the "cat's paw" theory of liability in their opening statements; and (3) agreed that the court will decide the issue of backpay, including mitigation. The parties will draft a stipulation of fact regarding Jordan's current relationship with the defendant companies. Plaintiffs withdrew their deposition designations for witnesses Hodes, Bourandas, and Levine and, instead, reserve the right to call them as hostile witnesses. Defendants withdrew their proffer of evidence questioning the religiosity of Jordan's references to employees being "chosen." (Court Reporter Charleane Heading, Georgette Betts.) (Renzler, Katie)
March 28, 2018 Opinion or Order ORDER. Due to a conflict in the court's calendar, the upcoming trial will adjourn at 1:30 PM on Friday, April 13, 2018. Trial will continue as scheduled on Monday, April 9, 2018. Ordered by Judge Kiyo A. Matsumoto on 3/28/2018. (Renzler, Katie) Modified on 3/29/2018 (Williams-Jackson, Sandra).
March 26, 2018 Opinion or Order Filing 181 MEMORANDUM in Opposition re #143 Proposed Jury Instructions/Verdict Form filed by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Ezie, Andrea)
March 26, 2018 Opinion or Order Filing 180 NOTICE by Cost Containment Group, Inc., United Health Programs of America, Inc. of Defendants' Objections to Plaintiffs' Requested Jury Charges (Traub, Amy)
March 26, 2018 Opinion or Order Filing 179 NOTICE by Cost Containment Group, Inc., United Health Programs of America, Inc. of Defendants' Objections to Plaintiffs' Proposed Verdict Form (Traub, Amy)
March 26, 2018 Opinion or Order Filing 178 EXHIBIT Joint Trial Exhibit 129-2011-2014 Ontaneda Taxes (Corrected Copy) by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
March 23, 2018 Opinion or Order Filing 177 Letter to Judge Matsumoto Regarding Untimely Filing of Doc. 176 (Joint Letter) by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
March 23, 2018 Opinion or Order Filing 176 Letter to Judge Matsumoto Addressing Remaining Evidentiary Issues by Cost Containment Group, Inc., United Health Programs of America, Inc. (Attachments: #1 Amended Appendix) (Traub, Amy)
March 23, 2018 Opinion or Order Filing 175 Proposed Pretrial Order Second Amended Joint Pre-Trial Order (Corrected) by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Attachments: #1 A - Plaintiffs' Deposition Designations, #2 B - Defendants' Deposition Designations, #3 C - Trial Exhibit List) (Ezie, Andrea) Modified on 3/23/2018 (Williams-Jackson, Sandra).
March 23, 2018 Opinion or Order ORDER. The court previously ordered the parties to submit updated materials, in accordance with the Pretrial Order #164 , and to provide the court with three courtesy copies. To date, the court has not received courtesy copies from defendants, and the court is in receipt of voluminous unbound materials from plaintiffs. In light of the fact that the final pretrial conference in this matter is scheduled for Tuesday, March 27, 2018 at 10 AM, the court hereby ORDERS: (1) defendants to provide bound copies of the currently unbound materials (i.e., #178 and its attachments); and (2) plaintiffs to provide their courtesy copies of the revised materials on Saturday, March 24, 2018 between 10 AM and 12 PM. Ordered by Judge Kiyo A. Matsumoto on 3/23/2018. (Renzler, Katie)7
March 22, 2018 Opinion or Order Filing 174 STIPULATION Regarding Plaintiff-Intervenor Faith Pabon's Voluntary Dismissal and Withdrawal from Trial of Hostile Work Environment Claims by Cost Containment Group, Inc., United Health Programs of America, Inc. (Muldowney, Patrick)
March 22, 2018 Opinion or Order Filing 173 EXHIBIT Joint Trial Exhibit 227-Wonderland 1099s 2008-2012 by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
March 22, 2018 Opinion or Order Filing 172 EXHIBIT Defendants' Trial Exhibits-Exhibit AA-Redesignated a Joint Exhibit by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit AB-Redesignated a Joint Exhibit, #2 Exhibit AC-Redesignated a Joint Exhibit, #3 Exhibit AD-Redesignated a Joint Exhibit, #4 Exhibit AE-Redesignated a Joint Exhibit, #5 Exhibit AF-Redesignated a Joint Exhibit, #6 Exhibit AG-Redesignated a Joint Exhibit, #7 Exhibit AH-4-21-2010 Email from Ontaneda to Jordan, #8 Exhibit AI-Redesignated a Joint Exhibit, #9 Exhibit AJ- Exhibit Withdrawn, #10 Exhibit AK-Email from Diaz to Jordan re: testimonial, #11 Exhibit AL-Redesignated a Joint Exhibit, #12 Exhibit AM-4-10-06 Pegullo Attitude and Work Adjustment Warning, #13 Exhibit AN-Exhibit Withdrawn, #14 Exhibit AO-Attitude and Work Adjustment Warning dated 4-10-06 for Ontaneda, #15 Exhibit AP-Redesignated a Joint Exhibit, #16 Exhibit AQ-Redesignated a Joint Exhibit, #17 Exhibit AR-Redesignated a Joint Exhibit, #18 Exhibit AS-Redesignated a Joint Exhibit, #19 Exhibit AT-Redesignated a Joint Exhibit, #20 Exhibit AU-2-3-12 Memo to Honohans file re: termination, #21 Exhibit AV-4-20-10 Ontaneda Wish List, #22 Exhibit AW-Maldari 4-10-06 Attitude and Work Adjustment Warning, #23 Exhibit AX-6-12-13 letter from EEOC - Pegullo, #24 Exhibit AY-Redesignated a Joint Exhibit, #25 Exhibit AZ-Redesignated a Joint Exhibit) (Traub, Amy)
March 22, 2018 Opinion or Order Filing 171 EXHIBIT Defendants' Trial Exhibits-Exhibit A-"DOL Documents-Pennisi" by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit B-11-30-10 Pegullo email to daughter, #2 Exhibit C-Pennisi 4-20-10 wish list, #3 Exhibit D-Pennisi Attitude and Work Adjustment Warning 4-10-06, #4 Exhibit E-Unemployment Insurance Information re: Pennisi, #5 Exhibit F-Thankful for Knowing You Game, #6 Exhibit G-Exhibit Withdrawn, #7 Exhibit H-Exhibit Withdrawn, #8 Exhibit I-Exhibit Withdrawn, #9 Exhibit J-Exhibit Withdrawn, #10 Exhibit K-Exhibit Withdrawn, #11 Exhibit L-Exhibit Withdrawn, #12 Exhibit M-Exhibit Withdrawn, #13 Exhibit N-Exhibit Withdrawn, #14 Exhibit O-Redesignated a Joint Exhibit, #15 Exhibit P-Redesignated a Joint Exhibit, #16 Exhibit Q-Exhibit Withdrawn, #17 Exhibit R-Redesignated a Joint Exhibit, #18 Exhibit S-2-3-11 Email from Pabon to everyone re: Thanks to Denali and Onionhead, #19 Exhibit T-Exhibit Withdrawn, #20 Exhibit U-Redesignated a Joint Exhibit, #21 Exhibit V-Redesignated a Joint Exhibit, #22 Exhibit W-Redesignated a Joint Exhibit, #23 Exhibit X-Redesignated a Joint Exhibit, #24 Exhibit Y-4-10-06 Attitude and Adjustment Warning Sheet, #25 Exhibit Z--Redesignated a Joint Exhibit) (Traub, Amy)
March 22, 2018 Opinion or Order Filing 170 EXHIBIT Defendants' Trial Exhibits - Exhibit BA - Redesignated a Joint Exhibit by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit BB - Redesignated a Joint Exhibit, #2 Exhibit BC - Redesignated a Joint Exhibit, #3 Exhibit BD - EEOC interview of Maldari 6-26-13, #4 Exhibit BE - Exhibit Withdrawn, #5 Exhibit BF - Exhibit Withdrawn, #6 Exhibit BG - Exhibit Withdrawn, #7 Exhibit BH - Letter from Linda Davidson to EEOC 10-25- 12 re: Onionhead mailing list, #8 Exhibit BI - Letter from Magri to EEOC 10-25-12, #9 Exhibit BJ - EEOC Letter to Josey 12-3-14, #10 Exhibit BK - EEOC Letter to Benedict 12-3-14, #11 Exhibit BL - EEOC Letter to Schoppmann 1-9-15, #12 Exhibit BM - Redesignated a Joint Exhibit, #13 Exhibit BN - Redesignated a Joint Exhibit, #14 Exhibit BO - Redesignated a Joint Exhibit, #15 Exhibit BP - 2-3-2012 Email from Pabon re: Positive News, #16 Exhibit BQ - Redesignated a Joint Exhibit, #17 Exhibit BR - 1-2-12 Email from Benedict re: Harnessing Happiness marketing piece, #18 Exhibit BS - Redesignated a Joint Exhibit, #19 Exhibit BT - Redesignated a Joint Exhibit, #20 Exhibit BU - Redesignated a Joint Exhibit, #21 Exhibit BV - Redesignated a Joint Exhibit, #22 Exhibit BW - Exhibit Withdrawn, #23 Exhibit BX - Redesignated a Joint Exhibit, #24 Exhibit BY - Redesignated a Joint Exhibit, #25 Exhibit BZ - Redesignated a Joint Exhibit, #26 Exhibit CA - 6-12-2013 Letter from EEOC to Maldari, #27 Exhibit CB - EEOCs Responses to Interrogatories (All), #28 Exhibit CC - Plaintiffs and Intervenors Initial Disclosures, #29 Exhibit CD - Redesignated a Joint Exhibit, #30 Exhibit CE - Pegullo Gchat conversation with daughter 1-27- 11, #31 Exhibit CF - 4-16-14 Ontaneda Petition for Bankruptcy, #32 Exhibit CG - Demonstrative Exhibits, #33 Exhibit CH - Pabons medical records from Dr. Tricia Smith, #34 Exhibit CI - Awilda Green Unemployment Paperwork, #35 Exhibit CJ - Awilda Green Keys and Code Form, #36 Exhibit CK - Redesignated a Joint Exhibit, #37 Exhibit CL - UHPs 2016 Financial Statement, #38 Exhibit CM - Supplemental Productions by the Parties, #39 Exhibit CN - Workshop testimonials, #40 Exhibit CO - Diaz written warning, #41 Exhibit CP - Pabons Medical Records) (Van Hoose, Amanda)
March 22, 2018 Opinion or Order Filing 169 EXHIBIT Joint Trial Exhibit 188-Maldari Written Warning (Corrected Copy) by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Van Hoose, Amanda)
March 22, 2018 Opinion or Order Filing 168 EXHIBIT Joint Exhibit List-Exhibit 151-Documents from Deal Sephardic related to Benedict's employment by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit 152-Documents from AdrJB related to Joseys employment, #2 Exhibit 153-Documents from Long Island Packing Supply related to Pennisis employment, #3 Exhibit 154-Fictitious Business Name Statement for Harnessing Happiness Foundation (May 15, 2013), #4 Exhibit 155-Statement of Information for Onionhead & Company (October 2, 2017), #5 Exhibit 156-Declaration of Denali Jordan dated November 12, 2015 (Redacted), #6 Exhibit 157-Declaration of Tracy Bourandas dated November 12, 2015 (Redacted), #7 Exhibit 158-Memo to Stacey Scarpa (March 26, 2013), #8 Exhibit 159-Email from Bourandas to Staff re: Workshops dated October 13, 2011, #9 Exhibit 160-Email from Jordan to Staff re: Leadership Workshop dated October 21, 2010, #10 Exhibit 161-SST Communications invoices re: moving phone lines, #11 Exhibit 162-Pabon Handbook Acknowledgement Page 10-7-10, #12 Exhibit 163-9-26-11 Benedict Handbook Acknowledgment, #13 Exhibit 164-1-15-12 Benedict Handbook Acknowledgment, #14 Exhibit 165-Honohan handbook acknowledgment page, #15 Exhibit 166-Josey handbook acknowledgment, #16 Exhibit 167-Pabon Handbook Acknowledgement Page 1-11-12, #17 Exhibit 168-Diaz handbook acknowledgement dated 07-29-2010, #18 Exhibit 169-9-27-10 Email conversation between Honohan and Bourandas re: thank you, #19 Exhibit 170-Letter from Benedict, #20 Exhibit 171-1-13-12 Email from Bourandas to staff regarding New Workshop Schedule, #21 Exhibit 172-Michel Email (January 6, 2011), #22 Exhibit 173-Jordan Email (March 10, 2008), #23 Exhibit 174-Bourandas Email to Honohan (February 6, 2012), #24 Exhibit 175-Maldari 2007 Team Building Activities, #25 Exhibit 176-Onionhead & Company, Inc. Certificate of Amendment of Articles of Incorporation filed July 7, 2010, #26 Exhibit 177-Statement of Information for Onionhead & Company (May 11, 2015), #27 Exhibit 178-Statement of Information for Onionhead & Company (May 22, 2017), #28 Exhibit 179-Bourandas Jordan Email Chain (June 2010), #29 Exhibit 180-Scarpa Discipline Memo (May 29, 2012), #30 Exhibit 181-Pabon Unemployment Insurance (March 28, 2012), #31 Exhibit 182-Scarpa Letter/Fax re Faith Pabon (April 5, 2012), #32 Exhibit 183-Email Chain with Richard DAndrea & Tracy Bourandas, #33 Exhibit 184-Jordan Email (not dated, subject: Buddha findings), #34 Exhibit 185-Jordan Email (not dated, subject RE: Sixth Finger), #35 Exhibit 186-CCG Organization Chart, #36 Exhibit 187-1-20-09 Email from Pegullo to Hodes and staff, #37 Exhibit 188-Maldari written warning, #38 Exhibit 189-Email chain between Benedict, Jordan and Kelly, #39 Exhibit 190-11-26-08 Email from Pegullo to staff re Thanksgiving prayer, #40 Exhibit 191-12-7-09 Pegullo email to Rick copying staff, #41 Exhibit 192-12-25-10 Email from Pegullo to Jordan, #42 Exhibit 193-12-16-09 Email from Pegullo to Galantai and staff re: CCG Holiday Story, #43 Exhibit 194-11-24-10 Email from Pegullo to Staff re: Thanksgiving, #44 Exhibit 195-11-28-11 Email from Pegullo to Jordan re: It's me Cynthia, #45 Exhibit 196-5-18-11 Email from Pegullo to Jordan re: Eden, #46 Exhibit 197-Email from Pegullo to Jordan re: testimonial, #47 Exhibit 198-11-30-10 Email from Pegullo to Jordan, #48 Exhibit 199-2-13-11 Email from Pegullo to Jordan, #49 Exhibit 200-12-13-10 Email exchange with Honohan and Jordan re: sad and more sad, #50 Exhibit 201-Email between Diaz and Jordan, #51 Exhibit 202-Email from Diaz to Jordan, #52 Exhibit 203-7-31-09 Email from Honohan, #53 Exhibit 204-12-20-10 Pegullo email to Daughter re: look outside at my friends window in Mt. Shasta, #54 Exhibit 205-Credit card receipt for office lamps dated May 6, 2008, #55 Exhibit 206-Email from Benedict to everyone re: CCG Brilliance, #56 Exhibit 207-1-24-11 Email from Pegullo to staff, #57 Exhibit 208-6-21-12 Memo to Mr. Hubert regarding Benedict, #58 Exhibit 209-6-3-12 Email regarding Benedict resignation and last pay check, #59 Exhibit 210-5-6-10 Email from Pennisi to Jordan re: Mothers Day, #60 Exhibit 211-5-9-12 Email conversation between Magri and Benedict re: check this out with your broker lady, #61 Exhibit 212-Benedict conversation with Jordan, #62 Exhibit 213-12-7-11 Email from Benedict to April re: Geico connection, #63 Exhibit 214-Email from Benedict, #64 Exhibit 215-3-22-12 Email from Benedict, #65 Exhibit 216-4-2-12 Email from Benedict re: National Conference on Addiction Disorders, #66 Exhibit 217-4-3-12 Email from Benedict re: Thanks for Linking up, #67 Exhibit 218-3-5-12 Email from Benedict re: Thanks for linking up, #68 Exhibit 219-Color Photos Attached to Emails from Francine Pennisi (December 10, 2011), #69 Exhibit 220-Email from Pegullo to Jordan re Please Read 2-21-11, #70 Exhibit 221-Onionhead Journal Lessons in Love, #71 Exhibit 222-2006 Holiday Card, #72 Exhibit 223-Picture of Denali, #73 Exhibit 224-12-10-16 Scarpa discipline, #74 Exhibit 225-2006 Holiday Card distribution list, #75 Exhibit 226-Pictures of the office) (Van Hoose, Amanda)
March 22, 2018 Opinion or Order Filing 167 EXHIBIT by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit 72-card deck of Universal Truths Cards (& Color Copy), #2 The Adventures of Onionhead in Space (Part 1), #3 The Adventures of Onionhead in Space (Part 2), #4 The Adventures of Onionhead in Space (Part 3), #5 The Onionhead Story: Empowering Loving Feelings, #6 13 Codes of Caring for Teen and Adults, #7 Onionhead Journal "Lessons in Love", #8 Declaration of Virtues for Empowerment, #9 Jordan Email (June 1, 2012), #10 Jordan Email (not dated, subject Onionhead), #11 Jordan Email (not dated, subject Onionhead), #12 Jordan Email (November 28, 2011), #13 Jordan Email (January 8, 2012), #14 Jordan Email (Onionhead site), #15 Converted to Joint Exhibit, #16 Jordan Email (March 20, 2012), #17 Converted to Joint Exhibit, #18 Jordan Email (not dated, subject facebook), #19 The Golden Doves Flight Plan to an Elevated Life, #20 Benefits documentation, #21 Mission Statement, #22 Jordan Email (not dated, subject RE: what could this mean), #23 Picture of CCG Facility Exterior until 2011, #24 Converted to Joint Exhibit, #25 Jordan Email (August 26, 2011), #26 Jordan Email (November 11, 2011), #27 Jordan Email (not dated, subject: thanksgiving), #28 CCG Thank you letter to Maldari, #29 Hodes Letter to Honohan (Undated), #30 Levine Email to all Staff (February 1, 2012), #31 Converted to Joint Exhibit, #32 Converted to Joint Exhibit, #33 Jordan Email (not dated, subject misinformation), #34 Jordan Email (not dated, subject what we need to), #35 82-card deck of Universal Truths Cards (& color copy), #36 Regina Maldari 2008 Desk Calendar, #37 Email Chain between Denali Jordan and Richard DAndrea, #38 HH Brochure, #39 Jordan Email (May 11- May 16, 2012), #40 Jordon Email attaching CCG Holiday Card 2010 (undated), #41 Converted to Joint Exhibit, #42 Converted to Joint Exhibit, #43 Buddha Statute, #44 Jordan Email (September 1, 2010), #45 Converted to Joint Exhibit, #46 Jordan Email (March 16, 2012), #47 Jordan Email (April 19, 2012), #48 Converted to Joint Exhibit, #49 Elizabeth Ontaneda (ne Jaramillo) Performance Evaluations, #50 Spa Weekend Attendee List & Others Who Left, #51 List of Terminated Employees, #52 CCG Newsletter (May 2008), #53 Email from Jordan (February 1, 2012), #54 All the Reasons we are thankful for Cynthia, #55 Employee of the Month Award - Cynthia Pegullo, #56 Denali Jordan Email Chain (November 6, 2012), #57 Elizabeth Ontaneda Physician Note, #58 Documents concerning Defendant UHP and Defendant CCGs Corporate Structure, #59 Documents concerning Defendant UHP and Defendant CCGs Financial Condition, #60 Defendants Fourth Amended Initial Disclosures, #61 Josey Insurance Enrollment Forms, #62 Josey Short Term Disability Enrollment Form, #63 Josey Benefits Termination, #64 Pegullo Life Insurance Enrollment Form, #65 Pegullo Payment Authorization Form, #66 Pegullo BCBS Cancellation Form, #67 Ontaneda Payment Authorization Form, #68 Ontaneda BCBS Insurance Card, #69 Pabon CCG Benefit Offering, #70 Pabon 401K Distribution Form, #71 Pabon Benefit Enrollment Forms, #72 Demonstrative Exhibits, #73 Pennisi BCBS Enrollment Form, #74 Pennisi Designation of Beneficiary, #75 Pennisi 401k Distribution Form, #76 Holiday Bonuses Maldari (2004-2007), #77 Converted to Joint Exhibit, #78 Holiday Bonuses - Honohan, #79 Converted to Joint Exhibit, #80 Converted to Joint Exhibit, #81 Converted to Joint Exhibit, #82 Converted to Joint Exhibit, #83 Converted to Joint Exhibit, #84 Defendants EEOC Position Statement re: Faith Pabon (November 14, 2012), #85 Defendants Responses to Plaintiffs First Set of Requests for Admission, #86 Hodes Email to Bourandas re: Tabitha Ally (January 3, 2014), #87 Six Month CCG Anniversary Benefit Offering Tabitha Ally, #88 Levine Letter to Carmen Andino (December 23, 2013), #89 Bourandas Jordan Email Chain (June 30, 2011), #90 Converted to Joint Exhibit, #91 Converted to Joint Exhibit, #92 Defendants Response to the EEOCs Request for Information re: Pabon (February 22, 2013) (PArt 1), #93 Defendants Response to the EEOCs Request for Information re: Pabon (February 22, 2013) (Part 2), #94 Defendants Response to the EEOCs Request for Information re: Pabon (February 22, 2013) (Part 3), #95 Jordan Email chain subject UT Cards (November 6, 2011), #96 Letter to Hodes & Bourandas re: Ontaneda and Pennisi (April 13, 2011), #97 Kathleen Collins Memo dated January 29, 2014, #98 Kathleen Collins Memo dated March 12, 2014, #99 Kathleen Collins Memo dated May 8, 2014, #100 Kathleen Collins Memo dated September 26, 2014, #101 Withdrawn, #102 Withdrawn, #103 Withdrawn, #104 Jordan Email dated January 18, 2011, #105 Withdrawn, #106 Withdrawn, #107 Jordan Email to Scarpa (June 11, 2012), #108 Jordan Email re. Lesson Plans (undated), #109 Jordan Email to all staff re: Onionhead (November 26, 2012), #110 Jordan email to Rick Protas and Lane re: A-Z cardsgifts to school (November 30, 2011), #111 Memo from Levine to Grace Durso (April 11, 2011), #112 Memo from Levine to Grace Durso (June 22, 2012), #113 Memo to Grace Durso (February 14, 2013), #114 Memo to Grace Durso (July 2, 2012), #115 Memo to Grace Durso (March 7, 2013), #116 Email from Grace Durso to Bourandas (March 7, 2013), #117 Demotion memo to Grace Durso from Levine (May 8, 2014), #118 Grace Durso Promotion Memo (November 15, 2013), #119 Memo to Grace Durso from Bourandas (September 27, 2012), #120 Linda Davidson Annual Review (July 15, 2014), #121 Linda Davidson Monthly Progress Report (January 2013), #122 Email Chain with Regina Maldari and J. Krouse (January 20, 2008), #123 Regina Maldari Annual Performance Review (January 31, 2006), #124 Sharon Ali write up from Naudia Campbell (December 17, 2012), #125 Converted to Joint Exhibit, #126 Converted to Joint Exhibit, #127 Withdrawn, #128 Council Monthly Progress Report (January 2013), #129 Council Monthly Progress Report (February 2013), #130 Council Raise Letter from Levine (March 14, 2013), #131 Customer Service Rules signed by Council (July 22, 2013), #132 Jordan Email re: Greetings from Mel (February 22, 2011), #133 Jordan Email re: Cancellation meeting (September 12, 2012), #134 Jordan Email re: Hello and bye-bye (September 15, 2012), #135 Defendants Response to the EEOCs Request for Information re. Elizabeth Ontaneda (March 29, 2012), #136 Bourandas Email re. Registration Test Email (August 15, 2011), #137 Unemployment documents for Elizabeth Ontaneda, #138 Scarpa Six Month CCG Anniversary Benefit Offering Forms, #139 Scarpa Keys and Codes to Living Good Workshop Form, #140 Kemberlyn Lee Compensation Changes Memo (October 8, 2013), #141 Kemberlyn Lee Compensation Changes Memo (July 12, 2012), #142 Kemberlyn Lee Goals & Compensation Changes Memo (July 13, 2012), #143 Kemberlyn Lee Disciplinary Action Memo (August 27, 2013), #144 Kemberlyn Lee Annual Review (July 30, 2013), #145 Note to file for Kathleen Collins, #146 Written warning to Kathleen Collins, #147 Memo re: Lee, #148 7-29-2013 Written Warning to Lee, #149 Monthly Progress Report for Lee, #150 Monthly Progress Report for Lee, #151 Quarterly Progress Report for Lee, #152 3-26-10 Email from Pegullo to staff re: booth pictures from the show, #153 2-17-11 Email from Pegullo to Jordan and others, #154 Converted to Joint Exhibit, #155 Email re: Training Review (March 19, 2008), #156 2007 Maldari Top Producer Club Award, #157 CCG Leadership Course Sign-Up Sheet, #158 Komuso - the healing art of Zen Shakuhachi CD or DVD) (Ezie, Andrea)
March 22, 2018 Opinion or Order Filing 166 EXHIBIT Joint Trial Exhibits - Exhibit 1 EEOC Charge filed by Francine Pennisi by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit 2 - EEOC Charge filed by Elizabeth Ontaneda, #2 Exhibit 3 - EEOC Charge filed by Faith Pabon, #3 Exhibit 4 - The Teen and Adult Feeling Card Deck, #4 Exhibit 5 - The Teen and Adult Feeling Card Deck, #5 Exhibit 6 - Keys and Codes to Living Good workshop, #6 Exhibit 7- Living Love 24-7 Workshop, #7 Exhibit 8 - Jordan Email (May 22, 2009) re: Onionhead pins, #8 Exhibit 9 - CCG Human Resources Information, #9 Exhibit 10 - 2011 UHP Employee Manual, #10 Exhibit 11 - 2012 CCG Employee Handbook, #11 Exhibit 12 - Six Month CCG Anniversary Benefit Offering re: Danielle Diaz, #12 Exhibit 13 - Keys and Codes Workshop Form re: Karen Josey, #13 Exhibit 14 - Six Month CCG Anniversary Benefit Offering re: Faith Pabon, #14 Exhibit 15 - Jordan Email (April 7, 2008) re: religion, #15 Exhibit 16 - Harnessing Happiness Workshop Sign-in Sheets (2012), #16 Exhibit 17 - CCG Leadership Course filled out by Honohan, #17 Exhibit 18 - Email from Tracy Bourandas (January 17,, #18 Exhibit 19 - Jordan Email (March 7, 2012) re: candles, #19 Exhibit 20 - Invoices to Wonderland Consulting, Inc., #20 Exhibit 21 - Jordans Travel Records, #21 Exhibit 22 - CCG Leadership Course Sign-Up Sheet, #22 Exhibit 23 - Jordan Email (July 26, 2010), #23 Exhibit 24 - Denali Email (June 18, 2010) re: Onionhead website, #24 Exhibit 25 - CCG Sales Excellence Award to Regina Maldari, #25 Exhibit 26 - 3-21-12 Memo to Pabons file, #26 Exhibit 27 - 2-16-12 Letter from Jordan to Bourandas and Levine re: Faith Pabon, #27 Exhibit 28 - Letter to April Levine and Tracy Bourandas (March 19, 2012) re: Faith Pabon, #28 Exhibit 29 - Francine Pennisi Performance Evaluations, #29 Exhibit 30 - Denali Jordan Email (August 24, 2009) re: Onionhead, #30 Exhibit 31 - Jordan Email, with Attachment (February 27, 2012) re: spa weekend details, #31 Exhibit 32 - Email from Danielle Diaz (January 8, 2013, 7:15 p.m.) re: Danielle, #32 Exhibit 33 - Email from Danielle Diaz (January 8, 2013, 11:04 p.m.) re: unemployment, #33 Exhibit 34 - Jordan Email (December 13, 2011) re: pictures, #34 Exhibit 35 - Jordan Email (January 23, 2012) re: pictures, #35 Exhibit 36 - Compensation Changes Memo re: Regina Maldari (October 1, 2007), #36 Exhibit 37 - Email from Tracy Bourandas (January 17, 2008), #37 Exhibit 38 - CCG Star Company Newsletter (November 5, 2007), #38 Exhibit 39 - Email Forwarded by Pegullo (April 1, 2011; 8:06 a.m.) re: truth ccg, #39 Exhibit 40 - Email Forwarded by Pegullo (April 1, 2011; 8:04 a.m.) re: decisions, #40 Exhibit 41 - Text conversation between Levine and Diaz regarding Diazs termination, #41 Exhibit 42 - Jennifer Honohan Duties and Responsibilities, #42 Exhibit 43 - Hodes Email to Pennisi Email May 2010, #43 Exhibit 44 - Jennifer Honohan (ne Karlquist) Performance Evaluations, #44 Exhibit 45 - Benedict BCBS Card, #45 Exhibit 46 - Honohan Out of Pocket Health Care Expenses, #46 Exhibit 47 - CCG Benefit Offering for Jennifer Honohan, #47 Exhibit 48 - Jennifer Honohan Benefits Forms, #48 Exhibit 49 - Maldari Benefits Information, #49 Exhibit 50 - Pegullo Recommendation, #50 Exhibit 51 - Ontaneda Earnings Statement, #51 Exhibit 52 - Ontaneda Job Search Records, #52 Exhibit 53 - 2007 UHP Handbook & Personnel Materials, #53 Exhibit 54 - Audio Recording of Robert Hodes August 24, 2010 Voicemails to Elizabeth Ontaneda (Hodes Deposition Ex. 9), #54 Exhibit 55 - Spa weekend invite, #55 Exhibit 56 - 11-29-07 & 12-4-09, #56 Exhibit 57 - 401K enrollment forms for Pennisi, #57 Exhibit 58 - Termination information related to Diaz - corrected, #58 Exhibit 59 - Termination information related to Diaz - signed, #59 Exhibit 60 - 9-22-10 Letter from Honohan to Cozetto, #60 Exhibit 61 - 5-5-08 Email conversation between Honohan and Bourandas, #61 Exhibit 62 - Pegullo 2006 Performance evaluations, #62 Exhibit 63 - DOL Documents Honohan, #63 Exhibit 64 - Campbell Six Month CCG Benefit Offering, #64 Exhibit 65 - Colon Six Month CCG Benefit Offering, #65 Exhibit 66 - Council Six Month CCG Benefit Offering, #66 Exhibit 67 - Six Month CCG Anniversary Benefit Offering signed by Davidson, #67 Exhibit 68 - Six Month CCG Anniversary Benefit Offering re: Jennifer Honohan, #68 Exhibit 69 - Six Month CCG Anniversary Benefit Offering signed by Levine, #69 Exhibit 70 - 4-1-10 Email from Pennisi to Jordan, #70 Exhibit 71 - Ontaneda UHP 2006-2010 W2, #71 Exhibit 72 - Pegullo UHP 2006-2011 W2, #72 Exhibit 73 - Pennisi UHP 2006-2010 W2, #73 Exhibit 74 - Honohan UHP 2006-2011 W2, #74 Exhibit 75 - Maldari UHP 2006-2008 W2) (Traub, Amy)
March 22, 2018 Opinion or Order Filing 165 EXHIBIT Joint Trial Exhibits-Exhibit 76-Diaz UHP 2010-2011 W2 by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit 77-Pabon UHP 2010-2011 W2, #2 Exhibit 78-Benedict UHP 2011 W2, #3 Exhibit 79-Josey UHP 2011 W2, #4 Exhibit 80-Meditation Night Sign Up Sheets, #5 Exhibit 81-Notice of Charge of Discrimination - Pennisi, #6 Exhibit 82-Notice of Charge of Discrimination - Ontaneda, #7 Exhibit 83-Benedict Pay Statement from Deal Sephardic Network, #8 Exhibit 84-Notice of Charge of Discrimination, #9 Exhibit 85-Bourandas 2007 Holiday Letter, #10 Exhibit 86-DOL Documents Pegullo, #11 Exhibit 87-DOL Documents Pegullo, #12 Exhibit 88-1/10/2013 Email from Jordan to Diaz, #13 Exhibit 89-Exhibit Withdrawn, #14 Exhibit 90-Maldari job searching efforts, #15 Exhibit 91-5-20-2008 Pay Statement for Maldari From UHP, #16 Exhibit 92-2008 Maldari tax documents, #17 Exhibit 93-Ontaneda Resume, #18 Exhibit 94-Ontaneda Bankruptcy Documents, #19 Exhibit 95-Pennisi job search efforts, #20 Exhibit 96-Pegullo Resumes, #21 Exhibit 97-1-14-2015 Ontanedas Response to First Set of Interrogatories, #22 Exhibit 98-Pegullo job search documents, #23 Exhibit 99-4-17-2015 Pabons Response to First Set of Interrogatories, #24 Exhibit 100-OH Pins, #25 Exhibit 101-Pegullo DOL Job Search Documents, #26 Exhibit 102-Pegullo job search documents, #27 Exhibit 103-Maldari COBRA Payments, #28 Exhibit 104-Pegullo earnings statement, #29 Exhibit 105-Komuso - the healing art of Zen Shakuhachi CD or DVD, #30 Exhibit 106-OH paperwork filled out, #31 Exhibit 107-Honohan Earnings, #32 Exhibit 108-Honohan resume, #33 Exhibit 109-Benedict handwritten notes, #34 Exhibit 110-Benedict Subsequent Employer W2s and Earnings Statements, #35 Exhibit 111-Benedict Wage Statements from CCG, #36 Exhibit 112-DOL Documents Maldari, #37 Exhibit 113-Benedict 2012 CCG W2, #38 Exhibit 114-Benedict foreclosure documents, #39 Exhibit 115-Honohan Benefit Information, #40 Exhibit 116-Pegullo Subsequent Employer Earnings Documents, #41 Exhibit 117-Honohan W2 from Flexible Business Systems, #42 Exhibit 118-Maldari Compensation Statement, #43 Exhibit 119-2008 Maldari IPA W2 Statements, #44 Exhibit 120-Benedict 2012-2015 Tax Return, #45 Exhibit 121-Benedict Separation and Release Agreement from Lifetime Fitness, #46 Exhibit 122-Benedict NJ Half Marathon Job Duties, #47 Exhibit 123-Pegullo 2012 and 2015 Taxes, #48 Exhibit 124-Benedict Lifetime Fitness payroll and benefit documents, #49 Exhibit 125-Josey 2011 & 2012 W-2, #50 Exhibit 126-Plaintiff's Damages Calculations, #51 Exhibit 127-2010-2011 Pennisi Taxes, #52 Exhibit 128-Exhibit Withdrawn, #53 Exhibit 129-2011-2013 Ontaneda Taxes, #54 Exhibit 130-Ontanedas mitigation information, #55 Exhibit 131-Pennisi Resume, #56 Exhibit 132-DOL Documents - Pabon, #57 Exhibit 133-DOL Documents - Pennisi, #58 Exhibit 134-Elizabeth Ontaneda pay raise letters years 2007- 2010, #59 Exhibit 135-Ontaneda 1996, 2006,, #60 Exhibit 136-Spa weekend attendance list, #61 Exhibit 137-Unemployment Insurance Information re: Ontaneda, #62 Exhibit 138-9-4-07 & 3-9-11 pay raise letter-Honohan, #63 Exhibit 139-Diazs 2012 W2 from CCG, #64 Exhibit 140-Benedicts 2013 tax returns, #65 Exhibit 141-Benedict 2014 Tax Returns, #66 Exhibit 142-Benedict 2015 Tax Returns, #67 Exhibit 143-Pegullo proof of health insurance, #68 Exhibit 144-Pennisi Response to Defendants First Set of Interrogatories, #69 Exhibit 145-Josey 2012 Joint Tax Return, #70 Exhibit 146-Danielle Diaz Job Search Records, #71 Exhibit 147-Complete Claims Documents related to Pabons employment, #72 Exhibit 148-6-4-12 Email between Benedict and Bourandas regarding the end of Benedicts employment, #73 Exhibit 149-Tracy from CommVault regarding new position, #74 Exhibit 150-11-25-09 email from Pegullo to Hodes and staff re: Thanks) (Van Hoose, Amanda)
March 20, 2018 Opinion or Order ORDER. Due to a conflict in the court's calendar, the upcoming trial will adjourn at 2:30 PM on Friday, April 6, 2018. Trial will continue as scheduled on Monday, April 9, 2018. Ordered by Judge Kiyo A. Matsumoto on 3/20/2018. (Renzler, Katie)
March 15, 2018 Opinion or Order Filing 164 PRETRIAL ORDER. Parties shall adhere to the attached pretrial order, which requires the parties, by March 22, 2018, to file: (1) an amended trial exhibit list; and (2) a joint second amended pretrial order. Ordered by Judge Kiyo A. Matsumoto on 3/15/2018. (Renzler, Katie)
March 13, 2018 Opinion or Order Filing 163 NOTICE by Cost Containment Group, Inc., United Health Programs of America, Inc. of Joint Confirmation of Required Technology Meeting (Traub, Amy)
March 1, 2018 Opinion or Order Filing 162 MOTION to Withdraw as Attorney by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Wang, Ona)
March 1, 2018 Opinion or Order ORDER granting #162 Motion to Withdraw as Attorney. Soon-to-be-Magistrate Judge Ona T. Wang terminated. Ordered by Magistrate Judge James Orenstein on 3/1/2018. (Orenstein, James)
January 24, 2018 Opinion or Order Filing 161 STIPULATION regarding Trial Evidence Jointly Submitted by the Parties by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Attachments: #1 Revised Plaintiffs' Trial Exhibit 55, #2 Revised Plaintiffs' Trial Exhibit 133) (Ezie, Andrea)
January 23, 2018 Opinion or Order Filing 160 MOTION to Withdraw #159 MOTION to Stay proceedings in this case because of the US Govoernment shutdown by United States Equal Employment Opportunity Commission. (Coleman, Charles)
January 23, 2018 Opinion or Order ORDER terminating #159 Motion to Stay; granting #160 Motion to Withdraw. On January 22, 2018, plaintiffs requested a stay in proceedings due to the United States Government shutdown #159 . The shutdown ended on the evening of January 22, 2018, and operations resumed on January 23, 2018. Plaintiffs moved to withdraw the motion to stay proceedings on January 23, 2018 #160 . Accordingly, the court hereby ORDERS: (1) the motion to stay proceedings is terminated; and (2) the motion to withdraw the motion to stay is granted. Ordered by Judge Kiyo A. Matsumoto on 1/23/2018. (Renzler, Katie)
January 22, 2018 Opinion or Order Filing 159 MOTION to Stay proceedings in this case because of the US Govoernment shutdown by United States Equal Employment Opportunity Commission. (Attachments: #1 Proposed Order) (Coleman, Charles)
January 16, 2018 Opinion or Order ORDER re #158 . In their letter #158 , plaintiffs requested clarification regarding which dates in April the court will need to adjourn the scheduled trial #157 . The court has conflicts on April 19 and 20, 2018, and will therefore need to adjourn the trial on those dates. Ordered by Judge Kiyo A. Matsumoto on 1/16/2018. (Renzler, Katie)
January 11, 2018 Opinion or Order Filing 158 Letter concerning April 2018 Trial Dates by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
January 5, 2018 Opinion or Order Filing 157 SECOND AMENDED PRETRIAL SCHEDULING ORDER: Parties shall adhere to the attached second amended pretrial scheduling order. Ordered by Judge Kiyo A. Matsumoto on 1/5/2018. (Renzler, Katie)
December 1, 2017 Opinion or Order Filing 156 Letter Jointly Submitted by the Parties re. New Dates for Rescheduled Trial by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
November 28, 2017 Opinion or Order ORDER re Trial Dates. In light of the parties' joint letter #155 proposing new trial dates and the court's schedule, trial will proceed either (1) from April 2, 2018 through April 27, 2018; or (2) from May 14, 2018 through June 1, 2018. If either party has a conflict with one or both of those sets of dates, that party shall file a letter with the court informing the court on or before Monday, December 4, 2017. Ordered by Judge Kiyo A. Matsumoto on 11/28/2017. (Renzler, Katie)
November 27, 2017 Opinion or Order Filing 155 Letter (Joint Letter) Proposing New Trial Dates by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
November 21, 2017 Opinion or Order ORDER. The parties shall appear for a telephonic status conference on November 21, 2017 at 5:45 P.M. to discuss scheduling regarding the upcoming trial. The parties shall coordinate a conference call among themselves and dial into chambers (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 11/21/2017. (Renzler, Katie)
November 21, 2017 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 11/21/2017. Andrea Chinyere Ezie, Esq., for plaintiffs; Amy Traub, Esq., for defendants. Discussions were held regarding the court's schedule and the upcoming trial. Trial was adjourned without a date. The parties were ORDERED to jointly file a letter proposing new trial dates and indicating which jury selection date they prefer (December 11, 2017; December 26, 2017; or January 8, 2018) by November 27, 2017. The court also hereby adjourns without a date the final pre-trial conference and technology test, previously scheduled for December 4, 2017. (Renzler, Katie)
November 14, 2017 Opinion or Order ORDER. The final pre-trial conference, previously scheduled for November 9, 2017, has been rescheduled for December 4, 2017 at 5:30 PM. The parties shall also conduct their technology test on that date. Ordered by Judge Kiyo A. Matsumoto on 11/14/2017. (Renzler, Katie)
November 9, 2017 Opinion or Order ORDER. Due to a conflict in the court's schedule, the parties' courtroom technology test, previously scheduled for November 9, 2017, is adjourned without a date. The test may be conducted at the parties' final pre-trial conference, which has yet to be scheduled. Ordered by Judge Kiyo A. Matsumoto on 11/9/2017. (Renzler, Katie)
November 8, 2017 Opinion or Order Filing 154 Letter Motion to Appear by Telephone for Dennis P. Duffy at the November 9, 2017 Pre-Trial Conference by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Duffy, Dennis)
November 8, 2017 Opinion or Order ORDER. The final pre-trial conference in this case, previously scheduled for November 9, 2017, is adjourned without date due to the court's trial schedule. The court will advise the parties of a new date for the final pre-trial conference. Ordered by Judge Kiyo A. Matsumoto on 11/8/2017. (Renzler, Katie)
November 8, 2017 Opinion or Order ORDER terminating #154 Motion to Appear by Telephone. The court hereby ORDERS that the Letter Motion to Appear by Telephone for Dennis P. Duffy at the November 9, 2017 Pre-Trial Conference be terminated as moot in light of the court's adjournment of the November 9, 2017 pre-trial conference. Ordered by Judge Kiyo A. Matsumoto on 11/8/2017. (Renzler, Katie)
November 6, 2017 Opinion or Order Filing 153 Joint MOTION for Extension of Time to File Confirmation regarding the Parties' Courtroom Technology Visit by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Ezie, Andrea)
November 6, 2017 Opinion or Order ORDER granting #153 Motion for Extension of Time to File. The court hereby grants the parties' Joint Motion for Extension of Time to File Confirmation regarding the Parties' Courtroom Technology Visit and ORDERS that the November 8, 2017 deadline for the parties to meet with the case manager and Chief Deputy Clerk for Automation Services and provide the court with confirmation of the meeting be moved to Friday, November 10, 2017, in light of the fact that November 9, 2017 was the court's earliest available date for the relevant meeting. Ordered by Judge Kiyo A. Matsumoto on 11/6/2017. (Renzler, Katie)
November 3, 2017 Opinion or Order Filing 152 Letter Jointly Submitted by the Parties concerning the Admissibility of Trial Exhibits by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Attachments: #1 Appendix re Parties' Respective Positions on the Admissibility of Trial Exhibits, #2 Exhibit Excerpts from the Deposition of Dr. David Eysler Submitted by Defendants) (Ezie, Andrea)
October 30, 2017 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto on 10/30/2017. Andrea Chinyere Ezie, Esq., for plaintiffs; Amy Traub, Esq., for defendants. Discussions were held regarding the possibility of settlement and the court's schedule and upcoming trial. The final pre-trial conference was adjourned from 5 PM to 5:30 PM on November 9, 2017. Trial was adjourned to December 11, 2017. The parties were ORDERED to jointly file a letter identifying all disputed exhibits and providing the grounds for admissibility and objections to each of the disputed exhibits by November 3, 2017. (Renzler, Katie)
October 30, 2017 Opinion or Order ORDER. The parties shall appear by telephone for a telephonic status conference on October 30, 2017 at 6:00 P.M. to discuss possible changes to the trial schedule. The parties shall coordinate a conference call among themselves and dial into chambers (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 10/30/2017. (Renzler, Katie)
October 27, 2017 Opinion or Order Filing 151 Proposed Voir Dire by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
October 26, 2017 Opinion or Order ORDER. Due to a conflict in the court's calendar, the final pre-trial conference, previously scheduled #130 for 10 AM on Thursday, November 9, 2017, is adjourned to 5 PM on Thursday, November 9, 2017, in Courtroom 6C South. Ordered by Judge Kiyo A. Matsumoto on 10/26/2017. (Renzler, Katie)
October 24, 2017 Opinion or Order ORDER re #142 Letter MOTION to Amend/Correct/Supplement #139 Proposed Voir Dire Seeking Permission for use of a Supplemental Written Juror Questionnaire to Cover Certain Confidential and/or Sensitive Matters set Forth in Defendants' Requested Voir Dire Questions filed by Cost Containment Group, Inc., United Health Programs of America, Inc. Parties shall jointly submit one document containing both parties' proposed confidential juror questions for consideration by the court by October 27, 2017. Ordered by Judge Kiyo A. Matsumoto on 10/24/2017. (Renzler, Katie)
October 20, 2017 Opinion or Order Filing 150 TRIAL BRIEF by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
October 20, 2017 Opinion or Order Filing 149 Proposed Jury Instructions by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Attachments: #1 Plaintiffs' Proposed Verdict Form) (Ezie, Andrea)
October 20, 2017 Opinion or Order Filing 148 Witness List by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
October 20, 2017 Opinion or Order Filing 147 Proposed Voir Dire by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
October 20, 2017 Opinion or Order Filing 146 TRIAL BRIEF by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
October 20, 2017 Opinion or Order Filing 145 Proposed Pretrial Order Joint Amended by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Attachments: #1 Appendix A - Plaintiffs' Deposition Designations & Defendants' Cross-Designations, #2 B - Defendants Deposition Designations & Plaintiffs Cross-Designations, #3 Affidavit C - Trial Exhibit List) (Ezie, Andrea)
October 20, 2017 Opinion or Order Filing 144 Witness List by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
October 20, 2017 Opinion or Order Filing 143 Proposed Jury Instructions by Cost Containment Group, Inc., United Health Programs of America, Inc. (Attachments: #1 Defendants' Proposed Special Verdict Forms) (Traub, Amy)
October 20, 2017 Opinion or Order Filing 142 Letter MOTION to Amend/Correct/Supplement #139 Proposed Voir Dire Seeking Permission for use of a Supplemental Written Juror Questionnaire to Cover Certain Confidential and/or Sensitive Matters set Forth in Defendants' Requested Voir Dire Questions by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
October 20, 2017 Opinion or Order Filing 141 Witness List by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
October 20, 2017 Opinion or Order Filing 140 EXHIBIT Defendants' Trial Exhibits - Exhibit CK. 5-13-2008 Lamps Receipt by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit CL. UHPs 2016 Financial Statement) (Traub, Amy)
October 20, 2017 Opinion or Order Filing 139 Proposed Voir Dire by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
October 20, 2017 Opinion or Order Filing 138 NOTICE by Cost Containment Group, Inc., United Health Programs of America, Inc. of Filing Joint List of Persons, Places, and Terms to be Used During Trial (Traub, Amy)
October 20, 2017 Opinion or Order Filing 137 EXHIBIT - Joint Trial Exhibits - Exhibit 101. Pegullo DOL Job Search Documents by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit 102. Pegullo Job Search Documents, #2 Exhibit 103. Maldari COBRA Payments, #3 Exhibit 104. Pegullo Earnings Statement, #4 Exhibit 105. Komuso - The Healing Art of Zen Shakuhachi CD or DVD, #5 Exhibit 106. OH Paperwork Filled Out, #6 Exhibit 107. Honohan Earnings, #7 Exhibit 108. Honohan Resume, #8 Exhibit 109. Benedict Handwritten Notes, #9 Exhibit 110. Benedict Subsequent Employer W2s and Earnings Statements, #10 Exhibit 111. Benedict Wage Statements from CCG, #11 Exhibit 112. DOL Documents Maldari, #12 Exhibit 113. Benedict 2012 CCG W2, #13 Exhibit 114. Benedict Foreclosure Documents, #14 Exhibit 115. Honohan Benefit Information, #15 Exhibit 116. Pegullo Subsequent Employer Earnings Documents, #16 Exhibit 117. Honohan W2 from Flexible Business Systems, #17 Exhibit 118. Maldari Compensation Statement, #18 Exhibit 119. 2008 Maldari IPA W2 Statements, #19 Exhibit 120. Benedict 2012-2015 Tax Return, #20 Exhibit 121. Benedict Separation and Release Agreement from Lifetime Fitness, #21 Exhibit 122. Benedict NJ Half Marathon Job Duties, #22 Exhibit 123. Pegullo 2012 and 2015 Taxes, #23 Exhibit 124. Benedict Lifetime Fitness Payroll and Benefit Documents, #24 Exhibit 125. Josey 2011 & 2012 W-2, #25 Exhibit 126. Plaintiff's Damages Calculations, #26 Exhibit 127. Part 1 - 2010-2014 Pennisi Taxes, #27 Exhibit 127. Part 2 - 2010-2014 Pennisi Taxes, #28 Exhibit 128. 2012-2014 Pabon Taxes, #29 Exhibit 129. 2011-2014 Ontaneda Taxes, #30 Exhibit 130. Ontaneda's Mitigation Information, #31 Exhibit 131. Pennisi Resume, #32 Exhibit 132. DOL Documents - Pabon, #33 Exhibit 133. DOL Documents - Pennisi, #34 Exhibit 134. Elizabeth Ontaneda Pay Raise Letters Years 2007-2010, #35 Exhibit 135. Ontaneda 1996, 2006, and 2010 Performance Reviews, #36 Exhibit 136. Spa weekend Attendance List, #37 Exhibit 137. Unemployment Insurance Information re: Ontaneda, #38 Exhibit 138. 9-4-07 & 3-9-11 Pay Raise Letter, #39 Exhibit 139. Diazs 2012 W2 from CCG, #40 Exhibit 140. Benedicts 2013 Tax Returns, #41 Exhibit 141. Benedict 2014 Tax Returns, #42 Exhibit 142. Benedict 2015 Tax Returns, #43 Exhibit 143. Pegullo Proof of Health Insurance, #44 Exhibit 144. Pennisi Response to Defendants First Set of Interrogatories, #45 Exhibit 145. Josey 2012 Joint Tax Return, #46 Exhibit 146. Part 1 Danielle Diaz Job Search Records, #47 Exhibit 146. Part 2 Danielle Diaz Job Search Records, #48 Exhibit 147. Complete Claims Documents Related to Pabons Employment, #49 Exhibit 148. 6-4-12 Email Between Benedict and Bourandas Regarding the End of Benedicts Employment, #50 Exhibit 149. Tracy from CommVault Regarding New Position, #51 Exhibit 150. 11-25-09 Email from Pegullo to Hodes and Staff re: Thanks, #52 Exhibit 151. Documents from Deal Sephardic related to Benedicts employment, #53 Exhibit 152. Documents from AdrJB Related to Joseys Employment, #54 Exhibit 153. Documents from Long Island Packing Supply Related to Pennisis Employment, #55 Exhibit 154. Fictitious Business Name Statement for Harnessing Happiness Foundation (May 15, 2013), #56 Exhibit 155. Onionhead Statement of Information, #57 Exhibit 156. Declaration of Denali Jordan in Support of Defendants' Motion for Summary Judgement, #58 Exhibit 157. Declaration of Tracy Bourandas in Support of Defendants' Motion for Summary Judgment) (Traub, Amy)
October 19, 2017 Opinion or Order Filing 136 EXHIBIT - Joint Trial Exhibits - Exhibit 1. EEOC Charge Filed by Francine Pennisi by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit 2. EEOC Charge Filed by Elizabeth Ontaneda, #2 Exhibit 3. EEOC Charge Filed by Faith Pabon, #3 Exhibit 4. The Teen and Adult Feeling Card Deck, #4 Exhibit 5. The Dictionary of 150 Emotions Adult and Teen Edition, #5 Exhibit 6. Keys and Codes to Living Good Workshop, #6 Exhibit 7. Living Love 24-7 Workshop, #7 Exhibit 8. Jordan Email (May 22, 2009) re: Onionhead Pins, #8 Exhibit 9. CCG Human Resources Information, #9 Exhibit 10. 2011 UHP Employee Manual, #10 Exhibit 11. 2012 CCG Employee Handbook, #11 Exhibit 12. Six Month CCG Anniversary Benefit Offering re: Danielle Diaz, #12 Exhibit 13. Keys and Codes Workshop Form re: Karen Josey, #13 Exhibit 14. Six Month CCG Anniversary Benefit Offering re: Faith Pabon, #14 Exhibit 15. Jordan Email (April 7, 2008) re: Religion, #15 Exhibit 16. Harnessing Happiness Workshop Sign-in Sheets (2012), #16 Exhibit 17. CCG Leadership Course Filled Out by Honohan, #17 Exhibit 18. Email from Tracy Bourandas (January 17, 2011) re: Onionhead Keys and Code Workshop, #18 Exhibit 19. Jordan Email (March 7, 2012) re: Candles, #19 Exhibit 20. Invoices to Wonderland Consulting, Inc., #20 Exhibit 21. Jordans Travel Records, #21 Exhibit 22. CCG Leadership Course Sign-Up Sheet, #22 Exhibit 23. Jordan Email (July 26, 2010), #23 Exhibit 24. Denali Email (June 18, 2010) re: Onionhead Website, #24 Exhibit 25. CCG Sales Excellence Award to Regina Maldari, #25 Exhibit 26. 3-21-12 Memo to Pabon's File, #26 Exhibit 27. 2-16-12 Letter from Jordan to Bourandas and Levine re: Faith Pabon, #27 Exhibit 28. Letter to April Levine and Tracy Bourandas (March 19, 2012) re: Faith Pabon, #28 Exhibit 29. Francine Pennisi Performance Evaluations, #29 Exhibit 30. Denali Jordan Email (August 24, 2009) re: Onionhead, #30 Exhibit 31. Jordan Email with Attachment (February 27, 2012) re: Spa Weekend Details, #31 Exhibit 32. Email from Danielle Diaz (January 8, 2013, 7:15 p.m.) re: Danielle, #32 Exhibit 33. Email from Danielle Diaz (January 8, 2013, 11:04 p.m.) re: Unemployment, #33 Exhibit 34. Jordan Email (December 13, 2011) re: Pictures, #34 Exhibit 35. Jordan Email (January 23, 2012) re: Pictures, #35 Exhibit 36. Compensation Changes Memo re: Regina Maldari (October 1, 2007), #36 Exhibit 37. Email from Tracy Bourandas (January 17, 2008), #37 Exhibit 38. CCG Star Company Newsletter (November 5, 2007), #38 Exhibit 39. Email Forwarded by Pegullo (April 1, 2011; 8:06 a.m.) re: Truth CCG, #39 Exhibit 40. Email Forwarded by Pegullo (April 1, 2011; 8:04 a.m.) re: Decisions, #40 Exhibit 41. Text Conversation Between Levine and Diaz re: Diazs Termination, #41 Exhibit 42. Jennifer Honohan Duties and Responsibilities, #42 Exhibit 43. Hodes Email to Pennisi Email May 2010, #43 Exhibit 44. Jennifer Honohan (Ne Karlquist) Performance Evaluations, #44 Exhibit 45. Benedict BCBS Card, #45 Exhibit 46. Honohan Out of Pocket Health Care Expenses, #46 Exhibit 47. CCG Benefit Offering for Jennifer Honohan, #47 Exhibit 48. Jennifer Honohan Benefits Forms, #48 Exhibit 49. Maldari Benefits Information, #49 Exhibit 50. Pegullo Recommendation, #50 Exhibit 51. Ontaneda Earnings Statement, #51 Exhibit 52. Ontaneda Job Search Records, #52 Exhibit 53. Part 1. 2007 UHP Handbook, #53 Exhibit 53. Part 2 2007 UHP Handbook, #54 Exhibit 54. Audio Recording of Robert Hodes' August 24, 2010 Voicemails to Elizabeth Ontaneda (Hodes Deposition Ex. 9), #55 Exhibit 55. Spa Weekend Invite, #56 Exhibit 56. 11-29-07 & 12-4-09 Pennisi Raise Letters, #57 Exhibit 57. 401K enrollment Forms for Pennisi, #58 Exhibit 58. Termination Information Related to Diaz Corrected, #59 Exhibit 59. Termination Information Related to Diaz Signed, #60 Exhibit 60. 9-22-10 Letter from Honohan to Cozetto, #61 Exhibit 61. 5-5-08 Email Conversation Between Honohan and Bourandas, #62 Exhibit 62. Pegullo 2006 Performance Evaluations, #63 Exhibit 63. DOL Documents Honohan, #64 Exhibit 64. Campbell Six Month CCG Benefit Offering, #65 Exhibit 65. Colon Six Month CCG Benefit Offering, #66 Exhibit 66. Council Six Month CCG Benefit Offering, #67 Exhibit 67. Six Month CCG Anniversary Benefit Offering Signed by Davidson, #68 Exhibit 68. Six Month CCG Anniversary Benefit Offering re: Jennifer Honohan, #69 Exhibit 69. Six Month CCG Anniversary Benefit Offering signed by Levine, #70 Exhibit 70. 4-1-10 Email from Pennisi to Jordan, #71 Exhibit 71. Ontaneda UHP 2006-2010 W2, #72 Exhibit 72. Pegullo UHP 2006-2011 W2, #73 Exhibit 73. Pennisi UHP 2006-2010 W2, #74 Exhibit 74. Honohan UHP 2006-2011 W2, #75 Exhibit 75. Maldari UHP 2006-2008 W2, #76 Exhibit 76. Diaz UHP 2010-2011 W2, #77 Exhibit 77. Pabon UHP 2010-2011 W2, #78 Exhibit 78. Benedict UHP 2011 W2 & 2012 CCG W2, #79 Exhibit 79. Josey UHP 2011 W2, #80 Exhibit 80. Meditation Night Sign Up Sheets, #81 Exhibit 81. Notice of Charge of Discrimination - Pennisi, #82 Exhibit 82. Notice of Charge of Discrimination - Ontaneda, #83 Exhibit 83. Benedict Pay Statement from Deal Sephardic Network, #84 Exhibit 84. Notice of Charge of Discrimination, #85 Exhibit 85. Bourandas 2007 Holiday Letter, #86 Exhibit 86. DOL Documents Pegullo, #87 Exhibit 87. OH Workshop Partially Completed by One of The Plaintiffs, #88 Exhibit 88. 1/10/2013 Email from Jordan to Diaz, #89 Exhibit 89. Diaz 2012-2013 Tax Returns, #90 Exhibit 90. Part 1. Maldari Job Searching Efforts, #91 Exhibit 90. Part 2. Maldari Job Searching Efforts, #92 Exhibit 91. 05-20-2008 Pay statement for Maldari from UHP, #93 Exhibit 92. 2008 Maldari Tax Documents, #94 Exhibit 93. Ontaneda Resume, #95 Exhibit 94. Ontaneda Bankruptcy Documents, #96 Exhibit 95. Pennisi Job Search Efforts, #97 Exhibit 96. Pegullo Resumes, #98 Exhibit 97. 1-14-2015 Ontaneda's Response to First Set of Interrogatories, #99 Exhibit 98. Pegullo Job Search Documents, #100 Exhibit 99. 4-17-2015 Pabon's Response to First Set of Interrogatories, #101 Exhibit 100. OH Pins) (Traub, Amy)
October 19, 2017 Opinion or Order Filing 135 EXHIBIT Plaintiffs' Electronic Copies by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit 1 - 72 Card Deck of Universal Truths Cards (EEOC 2898-2937), #2 Exhibit 2 (Part 1) - The Adventures of Onionhead in Space (EEOC 2214-2334), #3 Exhibit 2 (Part 2) - The Adventures of Onionhead in Space (EEOC 2214-2334), #4 Exhibit 2 (Part 3) - The Adventures of Onionhead in Space (EEOC 2214-2334), #5 Exhibit 3 - The Onionhead Story Empowering Loving (DEF 614-659), #6 Exhibit 4 - 13 Codes of Caring for Teen and Adults (EEOC 299-300), #7 Exhibit 5 - Onionhead Love Journal (EEOC 1761-1832), #8 Exhibit 6 - Declaration of Virtues for Empowerment (EEOC 296-298), #9 Exhibit 7 - Jordan email June 1, 2012 (DEF 606), #10 Exhibit 8 - Jordan email not dated subject Onionhead (DEF 663), #11 Exhibit 9 - Jordan email not dated subject Onionhead (DEF 664), #12 Exhibit 10 - Jordan email November 28, 2011 (DEF 665), #13 Exhibit 11 - Jordan Email (January 8, 2012) (DEF 666), #14 Exhibit 12 - Jordan email Onionhead site (DEF 667), #15 Exhibit 13 - Jordan email (not dated subject Buddha findings) (DEF 597-598), #16 Exhibit 14 - Jordan email dated March 20, 2012 (DEF 794), #17 Exhibit 15 - Michel's Email January 6, 2011 (DEF 1134-1135), #18 Exhibit 16 - Jordan email (not dated subject Facebook) (DEF 731), #19 Exhibit 17 - The Golden Dove's Flight Plan to an Elevated Life (EEOC 1126), #20 Exhibit 18 - Benefits Documentation (DEF 2267-2298) REDACTED, #21 Exhibit 19 - Mission Statement (EEOC 294-295), #22 Exhibit 20 - Jordan email (not dated subject re What Could this Mean) (DEF 584-585), #23 Exhibit 21 - Picture of CCG Facility Exterior until 2011 (EEOC 293), #24 Exhibit 22 - Jordan email (March 10, 2008) (DEF 2103-2104), #25 Exhibit 23 - Jordan email (August 26, 2011) (DEF 862), #26 Exhibit 24 - Jordan email (November 11, 2011) (DEF 711), #27 Exhibit 25 - Jordan email (not dated, subject thanksgiving) (DEF 1069), #28 Exhibit 26 - CCG thank you letter to Maldari (EEOC 3106), #29 Exhibit 27 - Hodes letter to Honohan (Undated) (EEOC 3362), #30 Exhibit 28 - Levine email to all staff (February 1, 2012) (EEOC 3367-3368), #31 Exhibit 29 - Bourandas email to Honahan (February 6, 2012) (EEOC 3369), #32 Exhibit 30 - Jordan email (not dated re Sixth Finger) (DEF 595-596), #33 Exhibit 31 - Jordan email (not dated re Misinformation) (DEF 569-570), #34 Exhibit 32 - Jordan Email (not dated subject what we need to...) (DEF 590-593), #35 Exhibit 33 - 82 card Deck of Universal Truths Cards (& Color Copy (EEOC 2938-2983), #36 Exhibit 34 - Regina Maldari 2008 Desk Calendar (EEOC 3074-3101), #37 Exhibit 35 - Email Chain between Denali Jordan and Richard DAndrea (EEOC 844-846), #38 Exhibit 36 - HH Brochure (EEOC 1355-1358), #39 Exhibit 37 - Jordan Email (May 11-May 16, 2012) (DEF 564-565), #40 Exhibit 38 - Jordan Email attaching CCG Holiday Card 2010 (undated) (DEF 608-610), #41 Exhibit 39 - Emails from Francine Pennisi and attachments (December 10, 2011) (EEOC 13-23) - REDACTED, #42 Exhibit 40 - Email Chain with Richard D'Andrea and Tracy Bourandas (EEOC 827-831), #43 Exhibit 41 - Buddha Statue (EEOC 2094-2095), #44 Exhibit 42 - Jordan Email (Sept 1, 2010) (DEF 582), #45 Exhibit 43 - CCG Organization Chart (DEF 150-151), #46 Exhibit 44 - Jordan Email (March 16, 2012) (DEF 865), #47 Exhibit 45 - Jordan Email (April 19, 2012) (DEF 602), #48 Exhibit 46 - Memo to Stacey Scarpa (March 26, 2013) (DEF 2082), #49 Exhibit 47 - Elizabeth Ontaneda (nee Jaramillo) Performance Evaluations (DEF 63-70 and DEF 101-120), #50 Exhibit 48 - Spa Weekend Attendee List & Others Who Left (DEF 227-228) REDACTED, #51 Exhibit 49 - List of Terminated Employees (DEF 229-231) REDACTED, #52 Exhibit 50 - CCG Newsletter (May 2008) (EEOC 1713-1714), #53 Exhibit 51 - Email from Jordan (February 1, 2012) (EEOC 1470-1471), #54 Exhibit 52 - All the Reasons we are thankful for Cynthia (EEOC 1717-1718), #55 Exhibit 53 - Employee of the Month Award - Cynthia Pegullo (EEOC 1728), #56 Exhibit 54 - Denali Jordan Email Chain (November 6, 2012) (EEOC 1408), #57 Exhibit 55 - Elizabeth Ontaneda Medical Records (EEOC 291-292 and 3P 552-559) REDACTED, #58 Exhibit 56 - Documents concerning Defendant UHP and Defendant CCG's Corporate Structure (no bates numbers), #59 Exhibit 57 - Documents concerning Defendant UHP and Defendant CCG's Financial Condition (DEF 2299-2301), #60 Exhibit 58 - Defendants' Fourth Amended Initial Disclosures (no bates numbers), #61 Exhibit 59 - Josey Insurance Enrollment Forms (DEF 1898-1900) REDACTED, #62 Exhibit 60 - Josey Short Term Disability Enrollment Form (DEF 1903-1904) REDACTED, #63 Exhibit 61 - Josey Benefits termination (DEF 1905), #64 Exhibit 62 - Pegullo Life Insurance Enrollment Form (DEF 1167) REDACTED, #65 Exhibit 63 - Pegullo Payment Authorization Form (DEF 1169) REDACTED, #66 Exhibit 64 - Pegullo BCBS Cancellation Form (DEF 1170-1173) REDACTED, #67 Exhibit 65 - Ontaneda Payment Authorization Form (DEF 22) REDACTED, #68 Exhibit 66 - Ontaneda BCBS Insurance Card (DEF 43-47), #69 Exhibit 67 - Pabon CCG Benefit Offering (DEF 183), #70 Exhibit 68 - Pabon 401K Distribution Form (DEF 203-208) REDACTED, #71 Exhibit 69 - Pabon Benefit Enrollment Form (DEF 211-219) REDACTED, #72 Exhibit 70 - Demonstrative Exhibits (forthcoming by agreement) (PLACEHOLDER), #73 Exhibit 71 - Pennisi BCBS Enrollment Form (DEF 298-301) REDACTED, #74 Exhibit 72 - Pennisi Designation of Beneficary (DEF 307) REDACTED, #75 Exhibit 73 - Pennisi 401K Distirbution Form (DEF 309-314) REDACTED, #76 Exhibit 74 - Holiday Bonuses - Maldari (2004-2007) (EEOC 3102-3103), #77 Exhibit 75 - Maldari 2007 Team Building Activities (EEOC 3107-3108), #78 Exhibit 76 - Holiday Bonuses - Honohan (EEOC 3363-3364), #79 Exhibit 77 - Onionhead & Company, Inc. Certificate of Amendment of Articles of Incorporation filed July 7, 2010 (EEOC 3070-3371), #80 Exhibit 78 - Statement of Information for Onionhead & Company (May 11, 2015) (EEOC 3372), #81 Exhibit 79 - Statement of Information for Onionhead & Company (May 22, 2017) (EEOC 3373), #82 Exhibit 80 - Declaration of Denali Jordan dated November 12, 2015 (no bates) (REDACTED), #83 Exhibit 81 - Declaration of Tracy Bourandas dated November 12, 2015 (no bates) (REDACTED), #84 Exhibit 82 - Defendants' EEOC Position Statement re Faith Pabon (November 14, 2012) (DEF 330-78) REDACTED, #85 Exhibit 83 - Defendants' Responses to Plaintiff's First Set of Requests for Admission (no bates), #86 Exhibit 84 - Hodes email to Bourandas re Tabitha Ally (January 3, 2014) (DEF 1285-1286), #87 Exhibit 85 - Six Month CCG Anniversary Benefit Offering - Tabitha Ally (DEF 1260), #88 Exhibit 86 - Levine Letter to Carmen Andino (December 23, 2013) (DEF 1289), #89 Exhibit 87 - Bourandas Jordan Email Chain (June 30, 2011) (DEF 1012), #90 Exhibit 88 - Bourandas Jordan Email Chain (June 2010) (DEF 1013-14), #91 Exhibit 89 - Scarpa Discipline Memo (May 29, 2012) (DEF 2075), #92 Exhibit 90 (Part 1) - Defendants' Response to the EEOC's Request for Information re Pabon (February 22, 2013) (EEOC 590-688) REDACTED, #93 Exhibit 90 (Part 2) - Defendants' Response to the EEOC's Request for Information re Pabon (February 22, 2013) (EEOC 590-688) REDACTED, #94 Exhibit 90 (Part 3) - Defendants' Response to the EEOC's Request for Information re Pabon (February 22, 2013) (EEOC 590-688) REDACTED, #95 Exhibit 91 - Jordan Email chain subject UT cards (November 6, 2011) (EEOC 1422) REDACTED, #96 Exhibit 92 - Letter to Hodes & Bourandas RE Ontaneda & Pennisi (April 13, 2011) (DEF 285-87 and EEOC 390-392), #97 Exhibit 93 - Kathleen Collins Memo dated January 29, 2014 (DEF 1419), #98 Exhibit 94 - Kathleen Collins Memo dated March 12, 2014 (DEF 1416), #99 Exhibit 95 - Kathleen Collins Memo dated May 8, 2014 (DEF 1417), #100 Exhibit 96 - Kathleen Collins Memo dated September 26, 2014 (DEF 1420-21), #101 Exhibit 97 - Darlene Murray Note to File dated January 9, 2014 (DEF 1741), #102 Exhibit 98 - Acknowledgement regarding members' information and personal beliefs for Grisalda Perez-Alas dated June 4, 2007 (DEF 1761), #103 Exhibit 99 - Guylene Sookhu Monthly Progress Report (DEF 1833), #104 Exhibit 100 - Jordan Email dated January 18, 2011 (DEF 1001-1002), #105 Exhibit 101 - Jordan Email subject Mt. Shasta garage sale (undated) (DEF 866), #106 Exhibit 102 - Customer Service Rules signed by Kathleen Collins (July 22, 2013) (DEF 1397), #107 Exhibit 103 - Jordan Email to Scarpa (June 11, 2012) (DEF 660), #108 Exhibit 104 - Jordan Email re lesson plans (undated) (DEF 661), #109 Exhibit 105 - Jordan Email to all Staff re Onionhead (November 26, 2012) (DEF 668), #110 Exhibit 106 - Jordan email to Rick Protas & Lane re A-Z cards...gifts to school (November 30, 2011) (DEF 670), #111 Exhibit 107 - Memo from Levine to Grace Durso (April 11, 2011) (DEF 1528), #112 Exhibit 108 - Memo from Levine to Grace Durso (June 22, 2012) (DEF 1529), #113 Exhibit 109 - Memo to Grace Durso (February 14, 2013) (DEF 1541), #114 Exhibit 110 - Memo to Grace Durso (July 2, 2012) (DEF 1527), #115 Exhibit 111 - Memo to Grace Durso (March 7, 2013) (DEF 1523), #116 Exhibit 112 - Email from Grace Durso to Bourandas (March 7, 2013) (DEF 1525), #117 Exhibit 113 - Demotion Memo to Grace Durso from Levine (May 8, 2014) (DEF 1547), #118 Exhibit 114 - Grace Durso Promotion Memo (November 15, 2013) (DEF 1548-49), #119 Exhibit 115 - Memo to Grace Durso from Bourandas (September 27, 2012) (DEF 1530), #120 Exhibit 116 - Linda Davidson Annual Review (July 15, 2014) (DEF 1476), #121 Exhibit 117 - Linda Davidson Monthly Progress Report (January 2013) (DEF 1480-1481), #122 Exhibit 118 - Email Chain with Regina Maldari and J. Krouse (January 20, 2008) (EEOC 1486-87), #123 Exhibit 119 - Regina Maldari Annual Performance Reveiew (January 31, 2006) (EEOC 1489-92), #124 Exhibit 120 - Sharon Ali Write Up from Naudia Campbell (December 17, 2012) (DEF 1255), #125 Exhibit 121 - Pabon Unemployment Insurance (March 28, 2012) (EEOC 663-664 ) REDACTED, #126 Exhibit 122 - Scarpa Letter/Fax RE: Faith Pabon (April 5, 2012) (EEOC 665-666), #127 Exhibit 123 - Schreiner Six Month CCG Anniversary Benefit Offering (May 13, 2011) (DEF 1796), #128 Exhibit 124 - Counci
October 19, 2017 Opinion or Order Filing 134 EXHIBIT - Defendants' Trial Exhibits - Exhibit A. DOL Documents - Pennisi by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit B. 11-30-10 Pegulllo Email to Daughter, #2 Exhibit C. Pennisi 4-20-10 Wish List, #3 Exhibit D. Pennisi Attitude and Work Adjustment Warning 4-10-06, #4 Exhibit E. Unemployment Insurance Information re: Pennisi, #5 Exhibit F. Thankful for Knowing You Game, #6 Exhibit G. 3-4-14 Email from Smith to Levine, #7 Exhibit H. 8-19-13 Email from Ovberg to Levine, #8 Exhibit I. 8-27-14 Email from Rosenfeld to Levine, #9 Exhibit J. 10-15-13 Email from Chadha to Levine, #10 Exhibit K. 8-27-13 Email Forwarding Ovberg's Request to Scarpa, #11 Exhibit L. 8-12-14 Email from Aguilar to Levine, #12 Exhibit M. 6-25-13 Email from Aguilar to Levine, #13 Exhibit N. Email from Chadha to Levine, #14 Exhibit O. SST Communications Invoices re Moving Phone Lines, #15 Exhibit P. Email Chain Between Benedict, Jordan and Kelly, #16 Exhibit Q. 11-30-10 Email from Pegullo to Hodes, Jordan, and Lane, #17 Exhibit R. 12-25-10 Email from Pegullo to Jordan, #18 Exhibit S. 2-3-11 Email from Pabon to Everyone re: Thanks to Denali and Onionhead, #19 Exhibit T. Documents - Ontaneda, #20 Exhibit U. Email from Benedict to Everyone re: CCG Brilliance, #21 Exhibit V. Pabon Handbook Acknowledgement Page 10-7-10, #22 Exhibit W. 11-26-08 Email from Pegullo to Staff re: Thanksgiving Prayer, #23 Exhibit X. 12-7-09 Pegullo Email to Rick Copying Staff, #24 Exhibit Y. 4-10-06 Attitude and Adjustment Warning for Ontaneda, #25 Exhibit Z. 12-6-09 Email from Pegullo to Galantai and Staff re: CCG Holiday Story, #26 Exhibit AA. 1-24-11 Email from Pegullo to Staff, #27 Exhibit AB. 11-24-10 Email from Pegullo to Staff re: Thanksgiving, #28 Exhibit AC. 11-28-11 Email from Pegullo to Jordan re: It's Me Cynthia, #29 Exhibit AD. 5-18-11 Email from Pegullo to Jordan re: Eden, #30 Exhibit AE. 2-21-11 Email from Pegullo to Jordan re: Please Read, #31 Exhibit AF. Email from Pegullo to Jordan re: Testimonial, #32 Exhibit AG. 11-30-10 Email from Pegullo to Jordan, #33 Exhibit AH. 4-21-10 Email from Ontaneda to Jordan, #34 Exhibit AI. 2-13-11 Email from Pegullo to Jordan, #35 Exhibit AJ. 1-4-11 Email from Pegullo to Jordan re: Warfare Adam, and Eve, #36 Exhibit AK. Email from Diaz to Jordan re: Testimonial, #37 Exhibit AL. 9-27-10 Email Conversation Between Honohan and Bourandas re: Thank You, #38 Exhibit AM. 4-10-06 Pegullo Attitude and Work Adjustment Warning, #39 Exhibit AN. 1-16-10 Email from Pegullo to Jordan and Others re: Rob's Birthday, #40 Exhibit AO. Attitude and Work Adjustment Warning dated 4-10-06 for Ontaneda, #41 Exhibit AP. 6-21-12 Memo to Mr Hubert re: Benedict, #42 Exhibit AQ. 6-3-12 Email Regarding Benedict Resignation and Last Pay Check, #43 Exhibit AR. 9-26-11 Benedict Handbook Acknowledgement, #44 Exhibit AS. 1-15-12 Benedict Handbook Acknowledgement, #45 Exhibit AT. Honohan Handbook Acknowledgement Page, #46 Exhibit AU. 2-3-12 Memo to File re: Termination, #47 Exhibit AV. 4-20-10 Ontaneda's Wish List, #48 Exhibit AW. Maldari 4-10-06 Attitude and Work Adjustment Warning, #49 Exhibit AX. 6-12-13 Solicitation Letter from EEOC - Pegullo, #50 Exhibit AY. 12-13-10 Email Exchange with Honohan and Jordan re: Sad and More Sad, #51 Exhibit AZ. Josey Handbook Acknowledgement, #52 Exhibit BA. 5-6-10 Email from Pennisi to Jordan re: Mother's Day, #53 Exhibit BB. 5-9-12 Email Conversation Between Magri and Benedict re: Check This Out With Your Broker Lady, #54 Exhibit BC. Letter from Benedict, #55 Exhibit BD. EEOC Interview of Maldari 6-26-13, #56 Exhibit BE. Letter from Aguilar to EEOC 11-9-12, #57 Exhibit BF. Letter from Collins to EEOC 11-7-12, #58 Exhibit BG. 7-9-12 Email from Davidson to Hodes, #59 Exhibit BH. Letter from Linda Davidson to EEOC 10-25-12 re: Onionhead Mailing List, #60 Exhibit BI. Letter from Magri to EEOC 10-6-12, #61 Exhibit BJ. EEOC Solicitation Letter Josey, #62 Exhibit BK. EEOC Solicitation Letter Benedict, #63 Exhibit BL. EEOC Solicitation letter Schoppmann, #64 Exhibit BM. Benedict Conversation with Jordan, #65 Exhibit BN. 12-7-11 Email from Benedict to April re: Geico Connection, #66 Exhibit BO. Email from Benedict, #67 Exhibit BP. 2-3-2012 Email from Pabon re: Faith Pabon, #68 Exhibit BQ. Pabon Handbook Acknowledgement Page 1-11-12, #69 Exhibit BR. 1-2-12 Email from Benedict re: Harnessing Happiness Marketing Piece, #70 Exhibit BS. 3-22-12 Email from Benedict EEOC, #71 Exhibit BT. 4-2-12 Email from Benedict re: National Conference on Addiction Disorders, #72 Exhibit BU. 4-3-12 Email from Benedict re: Thanks for Linking Up, #73 Exhibit BV. 3-5-12 Email from Benedict re: Thanks for Linking Up, #74 Exhibit BW. Emails Between Jordan, Hodes, and Benedict, #75 Exhibit BX. Email Between Diaz and Jordan, #76 Exhibit BY. Email from Diaz to Jordan, #77 Exhibit BZ. 7-31-09 Email from Honohan, #78 Exhibit CA. 6-12-13 Letter from EEOC re: Lawsuit Solicitation, #79 Exhibit CB. EEOC's Responses to Interrogatories (All), #80 Exhibit CC. Plaintiff's and Intervenors' Initial Disclosures, #81 Exhibit CD. 12-20-10 Pegullo's Email to Daughter re: Look Outside my Friend's Window in Mt Shasta, #82 Exhibit CE. Pegullo Gehat Conversation with Daughter 1-27-11, #83 Exhibit CF. 4-6-14 Ontaneda Petition for Bankruptcy, #84 Exhibit CG. Demonstrative Exhibits, #85 Exhibit CH. Pabon's Medical Records from Dr. Tricia Smith, #86 Exhibit CI. Awilda Green Unemployment Paperwork, #87 Exhibit CJ. Awilda Green's Keys and Code Form) (Traub, Amy)
September 21, 2017 Opinion or Order Filing 133 NOTICE of Appearance by Saima Zuberi Sheikh on behalf of Cost Containment Group, Inc., United Health Programs of America, Inc. (aty to be noticed) (Sheikh, Saima)
September 6, 2017 Opinion or Order Filing 132 Letter to Judge Matsumoto from Patrick Muldowney pursuant to the Court's Order, dated September 5, 2017 by Cost Containment Group, Inc., United Health Programs of America, Inc. (Muldowney, Patrick)
September 6, 2017 Opinion or Order ORDER. In light of defendants' letter dated September 6, 2017 #132 , the court terminates as moot the motion to take deposition from Dr. Sean M. Flaherty #126 . Ordered by Judge Kiyo A. Matsumoto on 9/6/2017. (Grover, Vanish)
September 5, 2017 Opinion or Order ORDER re #126 Letter Motion to Take Deposition from Dr. Sean M. Flaherty. Defendants shall advise the court whether a videotaped deposition of their expert witness is still necessary in light of the revised trial schedule by 9/11/2017. Ordered by Judge Kiyo A. Matsumoto on 9/5/2017. (Grover, Vanish)
September 4, 2017 Opinion or Order Filing 131 MEMORANDUM AND ORDER regarding motions in limine #107 #109 . As set forth in in the attached Memorandum and Order, the court grants in part, denies in part, and reserves judgment with respect to the remainder of, defendants' motions in limine, and grants in part and denies in part plaintiffs' motion in limine. Ordered by Judge Kiyo A. Matsumoto on 9/4/2017. (Grover, Vanish)
June 20, 2017 Opinion or Order Filing 130 AMENDED PRETRIAL SCHEDULING ORDER: Parties shall adhere to the attached amended pretrial scheduling order. Ordered by Judge Kiyo A. Matsumoto on 6/20/2017. (Grover, Vanish)
June 20, 2017 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 6/19/2017. Appearances: Andrea Chinyere Ezie, Esq., for plaintiffs; Amy Traub, Esq., for defendants. Discussions were held regarding the court's schedule and upcoming trial. Trial was adjourned to November 27, 2017. The parties will adhere to the dates set forth in the amended pre-trial scheduling order, to follow. (Grover, Vanish)
June 20, 2017 Opinion or Order ORDER. Because the parties were able to call the court for a telephonic status conference on June 19, 2017, the status conference previously scheduled for June 23, 2017 at 4:00 P.M. is adjourned. Ordered by Judge Kiyo A. Matsumoto on 6/20/2017. (Grover, Vanish)
June 19, 2017 Opinion or Order ORDER. The parties shall appear by telephone for a telephonic status conference on June 23, 2017 at 4:00 P.M. The parties shall coordinate a conference call among themselves and dial into chambers (718-613-2180) when all parties are on the line. The parties should be prepared to discuss their anticipated trial schedule. Ordered by Judge Kiyo A. Matsumoto on 6/19/2017. (Grover, Vanish)
June 15, 2017 Opinion or Order Filing 129 NOTICE of Appearance by Amanda Lee Van Hoose on behalf of Cost Containment Group, Inc., United Health Programs of America, Inc. (aty to be noticed) (Van Hoose, Amanda)
June 15, 2017 Opinion or Order Filing 128 NOTICE of Appearance by Jeffrey Burstein on behalf of United States Equal Employment Opportunity Commission (aty to be noticed) (Burstein, Jeffrey)
June 14, 2017 Opinion or Order Filing 127 Letter as a follow-up to Defendants' June 12, 2017, motion to permit the deposition of their medical expert (Doc. 126) by Cost Containment Group, Inc., United Health Programs of America, Inc. (Muldowney, Patrick)
June 12, 2017 Opinion or Order Filing 126 Letter MOTION to Take Deposition from Dr. Sean M. Flaherty by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit A-Defendants' Expert Disclosures) (Muldowney, Patrick)
May 31, 2017 Opinion or Order Filing 125 NOTICE of Appearance by Dennis P. Duffy on behalf of Cost Containment Group, Inc., United Health Programs of America, Inc. (notification declined or already on case) (Duffy, Dennis)
May 31, 2017 Opinion or Order ORDER granting #124 Motion for Leave to Appear Pro Hac Vice -- Attorney Dennis P. Duffy, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 7, 2017, Mr. Duffy shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Duffy shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Duffy shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 5/31/2017. (Klewin, Erin)
May 30, 2017 Opinion or Order Filing 124 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9563889. by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Affidavit of Dennis P. Duffy in Support, #2 Texas Certificate of Good Standing, #3 California Certificate of Good Standing) (Duffy, Dennis)
May 5, 2017 Opinion or Order ORDER granting #123 Motion for Leave to File the inadvertently omitted appendices. Ordered by Judge Kiyo A. Matsumoto on 5/5/2017. (Grover, Vanish)
May 4, 2017 Opinion or Order Filing 123 Consent MOTION for Leave to File Supplemental Appendicies to the Joint Pre-Trial Order by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Appendix A-1: Supplemental Deposition Designations, #2 Appendix A-2: Joint Digest of Deposition Testimony) (Ezie, Andrea)
May 1, 2017 Opinion or Order Filing 122 Proposed Pretrial Order Jointly Entered by the Parties by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Attachments: #1 Appendix A - Deposition Designations, #2 Appendix B - Consolidated Trial Exhibit List) (Ezie, Andrea)
April 14, 2017 Opinion or Order Filing 121 ORDER denying #99 Motion for Certificate of Appealability and denying #117 Motion to Stay. For the reasons in the attached Memorandum and Order, defendants' motion for certificate of appealability is denied. Accordingly, the parties are expected to comply with the court's Pretrial Order. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Grover, Vanish)
April 13, 2017 Opinion or Order Filing 120 REPLY in Support re #117 Letter MOTION to Stay re #97 Pretrial Order filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Muldowney, Patrick)
April 13, 2017 Opinion or Order Filing 119 STATUS REPORT by Cost Containment Group, Inc., United Health Programs of America, Inc. (Muldowney, Patrick)
April 12, 2017 Opinion or Order Filing 118 RESPONSE in Opposition re #117 Letter MOTION to Stay re #97 Pretrial Order filed by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Ezie, Andrea)
April 11, 2017 Opinion or Order Filing 117 Letter MOTION to Stay re #97 Pretrial Order by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Muldowney, Patrick)
April 10, 2017 Opinion or Order Filing 116 NOTICE of Appearance by Charles F. Coleman, Jr on behalf of United States Equal Employment Opportunity Commission (aty to be noticed) (Coleman, Charles)
April 6, 2017 Opinion or Order ORDER. The parties are ordered to meet and confer and submit a joint status letter by April 13, 2017, advising the court of whether the parties have resolved any of the pending motions, and of the status of any settlement discussions, including whether the parties believe a settlement conference would be fruitful. Parties are respectfully reminded to immediately advise the court upon the resolution of any pending issues. Ordered by Judge Kiyo A. Matsumoto on 4/6/2017. (Grover, Vanish)
April 5, 2017 Opinion or Order Filing 115 AFFIDAVIT/DECLARATION in Support re #107 MOTION in Limine to Exclude Certain Evidence filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit A: Stacey Scarpa's Excerpted Deposition Transcript, #2 Exhibit B: Plaintiffs' Answers to Defendants' First Request for Production of Documents, #3 Exhibit C: Defendants' First Request for Production of Documents and Plaintiff-Intervenors' Responses, #4 Exhibit D: Letter to Anthony Mango dated April 29, 2015, #5 Exhibit E: Letter to Plaintiffs dated May 8, 2015, #6 Exhibit F: Emails from Amy J. Traub to Plaintiffs dated January 31, 2017 and February 10, 2017, #7 Exhibit G: Email Exchanges between Plaintiffs and Defendants) (Traub, Amy)
April 5, 2017 Opinion or Order Filing 114 REPLY in Support re #107 MOTION in Limine to Exclude Certain Evidence filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
April 5, 2017 Opinion or Order Filing 113 REPLY in Support re #109 MOTION in Limine on Evidence Related to Onionhead Matters Previously Resolved filed by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Ezie, Andrea)
April 5, 2017 Opinion or Order Filing 112 MEMORANDUM in Opposition re #109 MOTION in Limine on Evidence Related to Onionhead Matters Previously Resolved filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Plaintiffs' Exhibit 65, #2 Defendants' Proposed Trial Exhibit BU with its Attachment (Defendants' Proposed Trial Ex. P)) (Traub, Amy)
April 5, 2017 Opinion or Order Filing 111 MEMORANDUM in Opposition re #107 MOTION in Limine to Exclude Certain Evidence filed by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Declaration of A. Chinyere Ezie, #2 Exhibit A - Transcript of the Deposition of Tracy Bourandas, #3 Exhibit B - Transcript of the Deposition of Caitlin Shillito, #4 Exhibit C - Francine Pennisi BCBS Enrollment Form, #5 Exhibit D - Sandra Benedict BCBS Enrollment Card, #6 Exhibit E - Regina Maldari Designation of Beneficiary Form Term Life, AD&D, LTD) (Ezie, Andrea)
April 5, 2017 Opinion or Order Filing 110 MEMORANDUM in Support re #107 MOTION in Limine to Exclude Certain Evidence filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Plaintiffs' Exhibit 4, #2 Plaintiffs' Exhibit 5, #3 Plaintiffs' Exhibit 8, #4 Plaintiffs' Exhibit 15, #5 Plaintiffs' Exhibit 16, #6 Plaintiffs' Exhibit 17, #7 Plaintiffs' Exhibit 18, #8 Plaintiffs' Exhibit 19, #9 Plaintiffs' Exhibit 20, #10 Plaintiffs' Exhibit 21, #11 Plaintiffs' Exhibit 22, #12 Plaintiffs' Exhibit 24, #13 Plaintiffs' Exhibit 26, #14 Plaintiffs' Exhibit 27, #15 Plaintiffs' Exhibit 34, #16 Plaintiffs' Exhibit 35, #17 Plaintiffs' Exhibit 36, #18 Plaintiffs' Exhibit 37, #19 Plaintiffs' Exhibit 39, #20 Plaintiffs' Exhibit 42, #21 Plaintiffs' Exhibit 43, #22 Plaintiffs' Exhibit 44, #23 Plaintiffs' Exhibit 45, #24 Plaintiffs' Exhibit 46, Part 1, #25 Plaintiffs' Exhibit 46, Part 2, #26 Plaintiffs' Exhibit 46, Part 3, #27 Plaintiffs' Exhibit 47, Part 1, #28 Plaintiffs' Exhibit 47, Part 2, #29 Plaintiffs' Exhibit 48, #30 Plaintiffs' Exhibit 50, #31 Plaintiffs' Exhibit 51, #32 Plaintiffs' Exhibit 53, #33 Plaintiffs' Exhibit 55, Part 1, #34 Plaintiffs' Exhibit 55, Part 2, #35 Plaintiffs' Exhibit 56, #36 Plaintiffs' Exhibit 58, #37 Plaintiffs' Exhibit 59, #38 Plaintiffs' Exhibit 60, #39 Plaintiffs' Exhibit 63, #40 Plaintiffs' Exhibit 64, #41 Plaintiffs' Exhibit 66, #42 Plaintiffs' Exhibit 67, #43 Plaintiffs' Exhibit 68, #44 Plaintiffs' Exhibit 72, #45 Plaintiffs' Exhibit 73, #46 Plaintiffs' Exhibit 74, #47 Plaintiffs' Exhibit 75, #48 Plaintiffs' Exhibit 76, #49 Plaintiffs' Exhibit 78, #50 Plaintiffs' Exhibit 86, #51 Plaintiffs' Exhibit 87, #52 Plaintiffs' Exhibit 88, #53 Plaintiffs' Exhibit 89, #54 Plaintiffs' Exhibit 90, #55 Plaintiffs' Exhibit 91, #56 Plaintiffs' Exhibit 98, #57 Plaintiffs' Exhibit 99, #58 Plaintiffs' Exhibit 100, #59 Plaintiffs' Exhibit 101, #60 Plaintiffs' Exhibit 104, #61 Plaintiffs' Exhibit 106, #62 Plaintiffs' Exhibit 108, #63 Plaintiffs' Exhibit 111, #64 Plaintiffs' Exhibit 115, #65 Plaintiffs' Exhibit 125) (Traub, Amy)
April 5, 2017 Opinion or Order Filing 109 MOTION in Limine on Evidence Related to Onionhead Matters Previously Resolved by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Attachments: #1 Memorandum in Support) (Ezie, Andrea)
April 5, 2017 Opinion or Order Filing 108 AFFIDAVIT/DECLARATION in Support re #107 MOTION in Limine to Exclude Certain Evidence filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit A-Defendants' Expert Disclosures and Defendants' Amended Expert Disclosures, #2 Exhibit B-Plaintiff EEOC's Thirteenth Answers to Defendants' First Set of Interrogatories, #3 Exhibit C-Plaintiff-Intervenor Faith Pabon's Response to Defendants' First Set of Interrogatories, #4 Exhibit D-May 8, 2015 Letter to Plaintiffs, #5 Exhibit E-Plaintiff-Intervenors May 15, 2015 Letter and Damages Calculation, #6 Exhibit F-EEOC's May 19, 2015 Letter) (Traub, Amy)
April 5, 2017 Opinion or Order Filing 107 MOTION in Limine to Exclude Certain Evidence by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
April 5, 2017 Opinion or Order ORDER re #106 Letter filed by United States Equal Employment Opportunity Commission requesting clarification. In addition to the components laid out in the court's Pretrial Scheduling Order #97 , parties are required to comply with Chambers practice. Ordered by Judge Kiyo A. Matsumoto on 4/5/2017. (Grover, Vanish)
April 4, 2017 Opinion or Order Filing 106 Letter requesting Clarification by United States Equal Employment Opportunity Commission (Ezie, Andrea)
March 22, 2017 Opinion or Order Filing 105 STIPULATION Concerning Trial Evidence and Plaintiffs' Administrative Prerequisites by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission (Ezie, Andrea)
February 3, 2017 Opinion or Order ORDER granting #104 Motion to Amend/Correct/Supplement. Paragraph 4 in the Pretrial Order #97 is amended to reflect the following schedule: All pretrial motions shall be served on or before March 1, 2017; all oppositions to motions shall be served on or before March 22, 2017; and all replies, if any, shall be served by April 5, 2017. The fully briefed motions shall be filed on April 5, 2017. Parties are reminded to serve the court with two (2) courtesy copies of moving papers by April 5, 2017, in accordance with chambers' practice. Ordered by Judge Kiyo A. Matsumoto on 2/3/2017. (Grover, Vanish)
February 1, 2017 Opinion or Order Filing 104 Letter MOTION to Amend/Correct/Supplement #97 Pretrial Order by United States Equal Employment Opportunity Commission. (Ezie, Andrea)
December 8, 2016 Opinion or Order Filing 103 Letter Regarding Motion to Certify Order for Interlocutory Appeal by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
December 8, 2016 Opinion or Order Filing 102 REPLY in Support re #99 MOTION for Certificate of Appealability filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
December 8, 2016 Opinion or Order Filing 101 MEMORANDUM in Opposition re #99 MOTION for Certificate of Appealability filed by All Plaintiffs. (Attachments: #1 Cover Letter for Plaintiffs' Opposition) (Ezie, Andrea)
December 8, 2016 Opinion or Order Filing 100 MEMORANDUM in Support re #99 MOTION for Certificate of Appealability filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
December 8, 2016 Opinion or Order Filing 99 MOTION for Certificate of Appealability by United Health Programs of America, Inc.. (Traub, Amy)
November 21, 2016 Opinion or Order SCHEDULING ORDER: I have reviewed the parties' respective statements of settlement position. In light of the defendants' unwillingness to engage in settlement negotiations, the conference previously scheduled for November 22, 2016, is cancelled. Ordered by Magistrate Judge James Orenstein on 11/21/2016. (Klewin, Erin)
November 10, 2016 Opinion or Order Filing 98 Letter Regarding Status of Motion for Reconsideration and Motion Seeking Certification of the September 30, 2016 Memorandum and Order for Interlocutory Appeal by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
November 3, 2016 Opinion or Order Filing 97 PRETRIAL ORDER. Parties shall adhere to the attached pre-trial order. Ordered by Judge Kiyo A. Matsumoto on 11/3/2016. (Grover, Vanish)
November 3, 2016 Opinion or Order SCHEDULING ORDER: A settlement conference is scheduled for November 22, 2016, at 10:00 a.m. No later than November 18, 2016, each party must submit an ex parte statement of settlement position by email only (NOT by ECF) to #orenstein_chambers@nyed.uscourts.gov. Each statement must include the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at this conference; clients or other persons with full settlement authority must be present or immediately available by telephone. Ordered by Magistrate Judge James Orenstein on 11/3/2016. (Klewin, Erin)
November 2, 2016 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 11/2/2016. Appearances: Andrea Chinyere Ezie and Nora E. Curtin for Plaintiff; Amy Joy Traub for Defendants; Anthony G. Mango for Intervenor Plaintiff. Defendants shall file status update with the court clarifying how they intend to proceed with either or both of their proposed motions for reconsideration and interlocutory appeal under 28 U.S.C. 1292(b) by November 10, 2016. If defendants move for reconsideration or interlocutory appeal, parties shall adhere to the following briefing schedule: (1) Defendants' opening brief shall be served by November 17, 2016; (2) Plaintiff's opposition brief shall be served by December 1, 2016; (3) Defendants' reply, if any, shall be due by December 8, 2016. Parties are reminded to deliver two courtesy copies of their briefing to the court on the filing date, per chambers' practice. If defendants move for reconsideration according to the above schedule and are unsuccessful, any motion for interlocutory appeal must be filed within 7 days of the court's decision denying the motion for reconsideration. Jury selection date has been set for July 24, 2017, and trial on this matter will commence immediately thereafter. The court will provide a separate pretrial order regarding other scheduling matters. After the call, the parties requested to be referred to Judge Orenstein for mediation, and were so referred. Ordered by Judge Kiyo A. Matsumoto on 11/2/2016. (Tape #3:10:03-3:46:35.) (Grover, Vanish)
October 21, 2016 Opinion or Order Filing 96 MOTION to Withdraw as Attorney by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
October 21, 2016 Opinion or Order ORDER granting #96 Motion to Withdraw as Attorney -- The application is granted; attorney Adam R. Seldon terminated. Ordered by Magistrate Judge James Orenstein on 10/21/2016. (Klewin, Erin)
October 19, 2016 Opinion or Order Filing 95 RESPONSE in Opposition re #91 Letter MOTION for pre motion conference for reconsideration or in the alternative for certification of the September 30, 2016 Order for interlocutory appeal filed by United States Equal Employment Opportunity Commission. (Attachments: #1 Appendix A (Modified to Include Paragraph Numbering Only)) (Ezie, Andrea)
October 19, 2016 Opinion or Order Filing 94 MOTION to Withdraw as Attorney for EEOC, by Thomas Lepak, by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
October 19, 2016 Opinion or Order ORDER granting #94 Motion to Withdraw as Attorney -- The application is granted; attorney Thomas Lepak terminated. Ordered by Magistrate Judge James Orenstein on 10/19/2016. (Klewin, Erin)
October 18, 2016 Opinion or Order Filing 93 NOTICE of Appearance by Andrea Chinyere Ezie on behalf of United States Equal Employment Opportunity Commission (aty to be noticed) (Ezie, Andrea)
October 18, 2016 Opinion or Order Filing 92 Consent MOTION to Adjourn Conference on October 24, 2016 by United States Equal Employment Opportunity Commission. (Curtin, Nora)
October 18, 2016 Opinion or Order ORDER granting #92 Motion to Adjourn Conference. The telephonic pre-motion conference scheduled for October 24, 2016, at 3:00 p.m. is adjourned to November 2, 2016, at 3:00 p.m. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 10/18/2016. (Grover, Vanish)
October 17, 2016 Opinion or Order ORDER granting #91 Motion for Pre Motion Conference. A telephonic pre-motion conference will be held on October 24, 2016, at 3:00 p.m. Parties should also be prepared to discuss #90 . Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 10/17/2016. (Grover, Vanish)
October 14, 2016 Opinion or Order Filing 91 Letter MOTION for pre motion conference for reconsideration or in the alternative for certification of the September 30, 2016 Order for interlocutory appeal by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit A. Chart) (Traub, Amy)
October 14, 2016 Opinion or Order Filing 90 Letter to Judge Kiyo A. Matsumoto from Amy J. Traub Re: Readiness For Trial by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
October 3, 2016 Opinion or Order Filing 89 Letter MOTION for Extension of Time to File /Submit a Joint Letter Advising the Court as to Trial-Readiness on the Claims Remaining in the Case Following Your Honor's Ruling on the Summary Judgment Motions by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
October 3, 2016 Opinion or Order ORDER. The parties' joint request for an extension of time to file a joint letter regarding trial preparedness is GRANTED. The parties shall file their joint letter regarding trial preparedness by October 14, 2016. Ordered by Judge Kiyo A. Matsumoto on 10/3/2016. (Jacobson, Jonathan)
September 30, 2016 Opinion or Order Filing 88 ORDER. For the reasons stated in the annexed memorandum and order, claimants' motion for partial summary judgment #78 is GRANTED and defendants' motion for summary judgment #75 is GRANTED in part and DENIED in part. The parties are directed to prepare a joint letter to the court indicating their preparedness for trial within seven days of this memorandum and order. Ordered by Judge Kiyo A. Matsumoto on 9/30/2016. (Jacobson, Jonathan)
January 27, 2016 Opinion or Order Filing 87 RULE 56.1 STATEMENT re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order, #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, Joint Deposition Transcript Appendix to the Parties' 56.1 Statements and Replies filed by United States Equal Employment Opportunity Commission. (Attachments: #1 Tab A - Deposition of Fabiana Baldo, taken May 20, 2015, #2 Tab B - Deposition of Sandra Benedict, taken February 26, 2015, #3 Tab C - Deposition of Tracy Bourandas, taken May 28, 2015, #4 Tab D -Deposition of Linda Davidson, taken May 20, 2015, #5 Tab E - Deposition of Danielle Diaz, taken May 22, 2015, #6 Tab F - Deposition of Grace Durso, taken May 20, 2015, #7 Tab G - Deposition of Robert Hodes, taken February 19, 2015, #8 Tab H - Deposition of Jennifer Honohan, taken February 17, 2015, #9 Tab I - Deposition of Denali Jordan, taken May 12, 2015, #10 Tab J - Deposition of Karen Josey, taken March 27, 2015, #11 Tab K - Deposition of Kemberlyn Lee, taken May 26, 2015, #12 Tab L - Deposition of April Levine, taken May 19, 2015, #13 Tab M - Deposition of Regina Maldari, taken January 22, 2015, #14 Tab N - Deposition of Elizabeth Ontaneda, taken January 29, 2015, #15 Tab O - Deposition of Faith Pabon, taken May 21, 2015, #16 Tab P - Deposition of Cynthia Pegullo, taken February 10, 2015, #17 Tab Q - Deposition of Francine Pennisi, taken March 4, 2015, #18 Tab R - Deposition of Elizabeth Safara, taken April 6, 2015, #19 Tab S - Deposition of Stacey Scarpa, taken May 26, 2015, #20 Tab T - Deposition of Caitlin Shilitto, taken May 26, 2015) (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 86 RULE 56.1 STATEMENT re #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion,, #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order , Joint Exhibit Appendix to Parties' 56.1 Statements and Replies filed by United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit 1 - Declaration of Tracy Bourandas in Support of Defendants Motion for Summary Judgment, #2 Exhibit 2 - Declaration of Denali Jordan in Support of Defendants Motion for Summary Judgment, #3 Exhibit 2A - The Teen and Adult Feeling Card Deck, #4 Exhibit 2B - The A-Z Coloring Book, #5 Exhibit 2C - The A-Z Feeling Card Deck, #6 Exhibit 2D - The ABCs Book Set, #7 Exhibit 2E - The A-Z Magnet Set, #8 Exhibit 2F - The Childrens A-Z Feeling Dictionary, #9 Exhibit 2G - The Teen Onionhead Feeling Dictionary, #10 Exhibit 2H - Onionhead Joyful Pin, #11 Exhibit 2I - The Love Journal, #12 Exhibit 2J - Positive Stickers, #13 Exhibit 2K - The Declaration of Virtues for Empowerment, #14 Exhibit 2L - The 13 Codes of Caring for Teens and Adults, #15 Exhibit 2M - Keys and Codes to Living Good workshop, #16 Exhibit 2N - part 1 - The Adventures of Onionhead in Space book, #17 Exhibit 2N - part 2 - The Adventures of Onionhead in Space book, #18 Exhibit 2O - Onionhead T-Shirt Design (I am the Change), #19 Exhibit 2P - Onionhead T-Shirt Design (Habits for Happiness/List for Love), #20 Exhibit 2Q - Living Love 24-7 Workshop, #21 Exhibit 2R - 82- card deck Universal Truths Cards, #22 Exhibit 2S - 72-card deck Universal Truths Cards, #23 Exhibit 3 - Staff Warning, with Pegullo Acknowledgement, #24 Exhibit 4 - Letter from Kathleen Collins (November 7, 2012), #25 Exhibit 5 - Letter from Caitlin Magri (Shillitto) (October 6, 2012), #26 Exhibit 6 - UHP Employee Manual, #27 Exhibit 7 - CCG Employee Handbook, #28 Exhibit 8 - Jordan Email (July 23, 2009), #29 Exhibit 9 - Alejandrina Aguilar Benefit Form, #30 Exhibit 10 - Naudia Campbell Benefit Form, #31 Exhibit 11 - Marie Colon Benefit Form, #32 Exhibit 12 - Tywana Council Benefit Form, #33 Exhibit 13 - Grace Durso Benefit Form, #34 Exhibit 14 - Jennifer Honohan Benefit Form, #35 Exhibit 15 - Caitlin Shillitto Benefit Form, #36 Exhibit 16 - Regina Schneiner Benefit Form, #37 Exhibit 17 - Linda Davidson Benefit Offering Form, #38 Exhibit 18 - Six Month CCG Anniversary Benefit Offering re: Danielle Diaz, #39 Exhibit 19 - Keys and Codes Workshop Form re: Karen Josey, #40 Exhibit 20 - Stacey Scarpa Workshop Form, #41 Exhibit 21 - Excerpts from The Teen and Adult Feeling Card Deck, #42 Exhibit 22 - Invoices to Wonderland Consulting, Inc., #43 Exhibit 23 - Jordans Travel Records (April 2008 October 2010), #44 Exhibit 24 - Jordans Travel Account Reports, #45 Exhibit 25 - Email from Rob Hodes (August 27, 2011), #46 Exhibit 26 - Email from Sandra Benedict (Re: Sandras Start), #47 Exhibit 27 - Email from Sandra Benedict (December 7, 2011), #48 Exhibit 28 - Email from Sandra Benedict (December 30, 2011), #49 Exhibit 29 - Email from Sandra Benedict (November 3, 2011), #50 Exhibit 30 - Email from Sandra Benedict (March 15, 2012), #51 Exhibit 31 - Email from Cynthia Pegullo (formerly Alamares) (May 18, 2011), #52 Exhibit 32 - Jordan Email, with Attachment (February 27, 2012), #53 Exhibit 33 - Email from Danielle Diaz (January 8, 2013, 7:15 p.m.), #54 Exhibit 34 - Email from Danielle Diaz (January 8, 2013, 11:04 p.m.), #55 Exhibit 35 - Email from Jennifer Honohan (December 13, 2010), #56 Exhibit 36 - Jordan Email (December 13, 2011), #57 Exhibit 37 - Jordan Email (January 23, 2012), #58 Exhibit 38 - Memo to File re: Jennifer Honohan (February 3, 2012), #59 Exhibit 39 - CCG Sales Excellense Award to Regina Maldari, #60 Exhibit 40 - Compensation Change letter to Ontaneda (July 30, 2009), #61 Exhibit 41 - Performance Review re: Elizabeth Ontaneda (July 15, 2010), #62 Exhibit 42 - Letter to Elizabeth Ontaneda (August 1, 2010), #63 Exhibit 43 - List of Employees Workspaces Moved on August 23, 2010, #64 Exhibit 44 - Six Month CCG Anniversary Benefit Offering re: Faith Pabon, #65 Exhibit 45 - Email from Faith Pabon (February 3, 2012), #66 Exhibit 46 - Letter to April Levine and Tracy Bourandas (March 19, 2012), #67 Exhibit 47 - Letter to Tracy Bourandas and April Levine (March 19, 2012), #68 Exhibit 48 - Memo to File re: Faith Pabon, March 21, 2012, #69 Exhibit 49 - Email from Cynthia Pegullo (January 20, 2009), #70 Exhibit 50 - Cynthia Pegullo (formerly Alamares) G-Mail Conversation, #71 Exhibit 51 - Email from Cynthia Pegullo (November 26, 2008), #72 Exhibit 52 - Email from Cynthia Pegullo (January 16, 2010), #73 Exhibit 53 - Email from Cynthia Pegullo (March 3, 2010), #74 Exhibit 54 - Email from Cynthia Pegullo (January 25, 2011), #75 Exhibit 55 - Email Forwarded by Pegullo (April 1, 2011; 8:06 a.m.), #76 Exhibit 56 - Email from Cynthia Pegullo (formerly Alamares), #77 Exhibit 57 - Email from Cynthia Pegullo (formerly Alamares), #78 Exhibit 58 - Jordan Email (August 4, 2009), #79 Exhibit 59 - Jordan Email (May 6, 2010), #80 Exhibit 60 - Jordan Email (July 26, 2010), #81 Exhibit 61 - EEOC Charge filed by Francine Pennisi, #82 Exhibit 62 - EEOC Charge filed by Elizabeth Ontaneda, #83 Exhibit 63 - EEOC Charge filed by Faith Pabon, #84 Exhibit 64 - EEOC Letter of Determination (March 13, 2014), #85 Exhibit 65 - Letter from EEOC (April 22, 2014), #86 Exhibit 66 - Complaint filed by Plaintiff EEOC, #87 Exhibit 67 - First Amended Complaint filed by Plaintiff EEOC, #88 Exhibit 68 - EEOCs First Response to Defendants First Set of Interrogatories to Plaintiff EEOC, #89 Exhibit 69 - EEOCs Seventh Response to Defendants First Set of Interrogatories to Plaintiff EEOC, #90 Exhibit 70 - Letter to Sandra Benedict (December 3, 2014), #91 Exhibit 71 - Letter to Karen Josey (December 3, 2014), #92 Exhibit 72 - Letter to Elizabeth Safara (formerly Schoppmann), #93 Exhibit 73 - Picture of Onionhead Tradeshow Booth, #94 Exhibit 74 - Mission Statement, #95 Exhibit 75 - The Onionhead Story: Empowering Loving Feelings, #96 Exhibit 76 - Hodes Email (February 19, 2009), #97 Exhibit 77 - Jordan Email (June 21, 2011), #98 Exhibit 78 - Jordan Email (January 8, 2012), #99 Exhibit 79 - Jordan Email (November 28, 2011), #100 Exhibit 80 - Jordan Email (not dated, subject: Onionhead), #101 Exhibit 81 - Jordan Email (not dated, subject: Onionhead site), #102 Exhibit 82 - Jordan Email (March 20, 2012), #103 Exhibit 83 - Michel Email (January 6, 2011), #104 Exhibit 84 - Jordan Email (May 22, 2009), #105 Exhibit 85 - Jordan Email (not dated, subject facebook), #106 Exhibit 86 - Jordan Email (February 22, 2011), #107 Exhibit 87 - The Golden Doves Flight Plan to an Elevated Life, #108 Exhibit 88 - Letter to April Levine and Tracy Bourandas (February 16, 2012), #109 Exhibit 89 - Email Forwarded by Pegullo (April 1, 2011; 8:04 a.m.), #110 Exhibit 90 - CCG Organization Chart, #111 Exhibit 91 - Jordan Email (March 16, 2012), #112 Exhibit 92 - Jordan Email (April 19, 2012), #113 Exhibit 93 - Jordan Email (not dated, subject: Buddha findings), #114 Exhibit 94 - Jordan Email (not dated, subject RE: Buddha findings), #115 Exhibit 95 - Jordan Email (not dated, subject RE: what could this mean), #116 Exhibit 96 - Picture of CCG Facility Exterior until 2011, #117 Exhibit 97 - Jordan Email (April 7, 2008), #118 Exhibit 98 - Jordan Email (March 10, 2008), #119 Exhibit 99 - Lunch Time Workshop Sign-in Sheets (2012), #120 Exhibit 100 - CCG Leadership Course, #121 Exhibit 101 - CCG Star Company Newsletter (November 5, 2007), #122 Exhibit 102 - Jordan Email (August 26, 2011), #123 Exhibit 103 - Jordan Email (June 17, 2010), #124 Exhibit 104 - Jordan Email (November 11, 2011), #125 Exhibit 105 - Jordan Email (not dated, subject: thanksgiving), #126 Exhibit 106 - The Healing Art of Zen Shakuhaci, #127 Exhibit 107 - The Four Agreements, #128 Exhibit 108 - God Does Not Create Miracles, #129 Exhibit 109 - The 72 Names of God, #130 Exhibit 110 - Email from Tracy Bourandas (January 17, 2011), #131 Exhibit 111 - Memo from Stacey Scarpa re: Danielle Diaz, #132 Exhibit 112 - Performance Evaluation Form re: Jennifer Honohan, #133 Exhibit 113 - Jennifer Honohan Duties and Responsibilities, #134 Exhibit 114 - Jordan Email (January 23, 2012), #135 Exhibit 115 - New York Dept. of Labor, Notice of Determination, #136 Exhibit 116 - Correspondence from Defendants to New York Dept. of Labor, #137 Exhibit 117 - Jordan Email (not dated, subject RE: Sixth Finger), #138 Exhibit 118 - Jordan Email (not dated, subject misinformation), #139 Exhibit 119 - Jordan Email (not dated, subject what we need to), #140 Exhibit 120 - Jordan Email (not dated, subject what could this mean), #141 Exhibit 121 - CCG Newsletter (May 2008), #142 Exhibit 122 - Email regarding Regina Maldari (March 19, 2008), #143 Exhibit 123 - 2007 Silver Level Top Producer Club Award to Regina Maldari, #144 Exhibit 124 - Compensation Changes Memo re: Regina Maldari, #145 Exhibit 125 - Email from Tracy Bourandas (January 17, 2008), #146 Exhibit 126 - Memo re: Grace Durso (June 22, 2012), #147 Exhibit 127 - Memo re: Grace Durso (May 8, 2014), #148 Exhibit 128 - Memo re: Grace Durso (March 7, 2013), #149 Exhibit 129 - Memo re: Grace Durso (April 11, 2011), #150 Exhibit 130 - Letter to Kathleen Collins (July 30, 2014), #151 Exhibit 131 - Linda Davidson Quarterly Progress Report, #152 Exhibit 132 - EEOC Investigation Request for Information, #153 Exhibit 133 - List of Defendants Employees Submitted in Investigation, #154 Exhibit 134 - List of Defendants Employees Submitted in Investigation, #155 Exhibit 135 - List of Defendants Employees Submitted in Investigation, #156 Exhibit 136 - Picture of CCG Facility Exterior later in 2011, #157 Exhibit 137 - Plaintiffs Joint First Set of Document Requests to Defendants, #158 Exhibit 138 - Defendants Response to Plaintiffs First Set of Requests for Admission, #159 Exhibit 139 - Letter to Regina Maldari (January 7, 2008), #160 Exhibit 140 - 72-card deck of Universal Truths Cards (color copy), #161 Exhibit 141 - 82-card deck of Universal Truths Cards (color copy), #162 Exhibit 142 - Email from Denali Jordan (February 1, 2012), #163 Exhibit 143 - Declaration of T
January 27, 2016 Opinion or Order Filing 85 REPLY in Support re #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 84 RULE 56.1 STATEMENT re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order, #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, Defendants' Counterstatement to Plaintiffs' Rule 56.1 Statement of Undisputed Material Facts and Objections and Responses to Statement of Disputed Material Facts filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 83 RULE 56.1 STATEMENT re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order, #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, Defendants' Rule 56.1 Reply Statement filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 82 REPLY in Support re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order by EEOC,, RESPONSE in Opposition re #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 81 RULE 56.1 STATEMENT re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order , Plaintiffs' Responses to Defendants' 56.1 Statement filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 80 RULE 56.1 STATEMENT re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order, #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 79 MEMORANDUM in Support re #78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, , RESPONSE in Opposition re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 78 Notice of MOTION for Partial Summary Judgment , Plaintiffs' Motion, by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 77 RULE 56.1 STATEMENT re #75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order Defendants' Rule 56.1 Statement filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 76 MOTION for Summary Judgment , Defendants' Memorandum of Law in Support of Defendants' Motion for Summary Judgment, filed pursuant to Court order by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 27, 2016 Opinion or Order Filing 75 Notice of MOTION for Summary Judgment , Defendants' Notice of Motion for Summary Judgement, filed pursuant to Court order by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 21, 2016 Opinion or Order Filing 74 Letter MOTION for Extension of Time to File via ECF All Documents Associated with Consolidated Summary Judgment Briefing (Joint Request) by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
January 21, 2016 Opinion or Order ORDER granting #74 Motion for Extension of Time to File. The parties shall have until January 27, 2016 to file the fully briefed motions. Ordered by Judge Kiyo A. Matsumoto on 1/21/2016. (Jacobson, Jonathan)
October 5, 2015 Opinion or Order ORDER. The #73 parties' request for an enlargement of the page limit with respect to their cross-motions for summary judgment is granted. Accordingly, defendant's memorandum of law and plaintiffs' opposition and cross-motion for summary judgment shall be no more than 40 pages; defendant's opposition to plaintiffs' cross motion and reply shall be no more than 20 pages; and plaintiffs' reply shall be no more than 10 pages. Ordered by Judge Kiyo A. Matsumoto on 10/5/2015. (Tsay, Stephanie)
October 2, 2015 Opinion or Order Filing 73 Letter Jointly Submitted Proposing Page Limits for the Parties' Respective Summary Judgment Filings by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
October 1, 2015 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Tele-Conference held on 10/1/2015. Thomas Lepak, Esq. and Nora Curtin, Esq. appeared on behalf of EEOC; Anthony Mango, Esq. appeared on behalf of Intervenor Plaintiffs; and Amy Traub, Esq., Adam Seldon, Esq., and Patrick Muldowney, Esq. appeared on behalf of defendant. The parties shall adhere to the following consolidated briefing schedule: (1) defendant shall serve its motion for summary judgment by November 12, 2015; (2) plaintiffs shall serve their opposition and cross-motion by December 21, 2015; defendant shall serve its reply and opposition by January 11, 2015; and plaintiffs shall serve their reply and file the fully-briefed motion via ECF by January 25, 2015. The parties shall file a joint appendix for all deposition transcripts and shall also file a joint exhibit appendix. The parties are kindly reminded to provide the court with two courtesy hard copies of all documents filed via ECF. The parties shall also file proposed page limits for their submissions by October 8, 2015. (Tsay, Stephanie)
September 9, 2015 Opinion or Order Filing 72 Letter MOTION to Adjourn Conference (Joint Request to Adjourn Conference) by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
September 9, 2015 Opinion or Order ORDER granting #70 and #71 parties' request to adjourn the pre-motion conference. The parties shall participate in a telephonic pre-motion conference on October 1, 2015 at 3:00 p.m. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 9/9/2015. (Tsay, Stephanie)
September 3, 2015 Opinion or Order Filing 71 RESPONSE in Opposition re #67 Letter MOTION for pre motion conference Regarding Plaintiffs' Intended Motion for Partial Summary Judgment filed by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit 1 - Onionhead Materials) (Traub, Amy)
September 3, 2015 Opinion or Order Filing 70 Letter MOTION to Adjourn Conference / Telephonic Pre-Motion Conference scheduled for September 14, 2015 by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
September 2, 2015 Opinion or Order Filing 69 Order Certifying Discovery is complete -- Discovery is closed. I therefore deem the action to be ready for trial, on a date to be set by the Honorable Kiyo A. Matsumoto, United States District Judge, without prejudice to any pending or anticipated motion for dispositive relief. Ordered by Magistrate Judge James Orenstein on 9/2/2015. (Wentworth-Ping, Alex)
September 2, 2015 Opinion or Order ORDER re #68 Letter filed by Cost Containment Group, Inc., United Health Programs of America, Inc. -- Upon reviewing the parties' submissions of settlement position, it appears that the scheduled settlement conference would not be a productive use of the parties' or the court's time. In light of the parties' stipulation that discovery is complete and that there are no outstanding disputes, see docket entry #68 , the pretrial conference scheduled for September 3, 2015 is cancelled. Ordered by Magistrate Judge James Orenstein on 9/2/2015. (Wentworth-Ping, Alex)
September 1, 2015 Opinion or Order ORDER granting #63 and #67 Motions for Pre Motion Conference and granting #64 Motion for Extension of Time to File Joint Pre-Trial Order. The parties' respective requests for a pre-motion conference to discuss their cross-motions for summary judgment is hereby granted. The parties shall participate in a telephonic pre-motion conference on Monday, September 14 at 2:00 p.m. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. The court also adjourns the joint pre-trial order deadline pending the resolution of these summary judgment motions. Ordered by Judge Kiyo A. Matsumoto on 9/1/2015. (Tsay, Stephanie)
August 31, 2015 Opinion or Order Filing 68 Letter Pursuant to Your Honor's August 31, 2015 Order by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
August 31, 2015 Opinion or Order Filing 67 Letter MOTION for pre motion conference Regarding Plaintiffs' Intended Motion for Partial Summary Judgment by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Lepak, Thomas)
August 31, 2015 Opinion or Order Filing 66 RESPONSE in Opposition re #63 Letter MOTION for pre motion conference in Connection with Defendants' Anticipated Motion for Summary Judgment filed by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi, United States Equal Employment Opportunity Commission. (Lepak, Thomas)
August 31, 2015 Opinion or Order ORDER denying #65 Motion to Adjourn Conference -- The motion is denied. While I am willing to change the date of the conference to accommodate the parties' schedules, one purpose of the conference scheduled for September 3, 2015, is to ensure that discovery is complete and to resolve any outstanding discovery so as to ensure that the record to be reviewed on a motion for summary judgment is complete. Another purpose is to assess whether a settlement can be reached without imposing on the parties and the court the burdens associated with dispositive motion practice. I therefore decline to relieve the parties of the obligation to submit ex parte statements of settlement position and to appear at the pretrial conference. If, after review of the ex parte statements, I am persuaded that a settlement conference is unlikely to be productive, and if the parties stipulate that all discovery is complete and that there are no outstanding discovery disputes, I will reconsider the foregoing ruling. Ordered by Magistrate Judge James Orenstein on 8/31/2015. (Wentworth-Ping, Alex)
August 28, 2015 Opinion or Order Filing 65 Letter MOTION to Adjourn Conference Scheduled for September 3, 2015 by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
August 28, 2015 Opinion or Order Filing 64 Letter MOTION for Extension of Time to File Joint Pretrial Order by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
August 28, 2015 Opinion or Order Filing 63 Letter MOTION for pre motion conference in Connection with Defendants' Anticipated Motion for Summary Judgment by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
May 14, 2015 Opinion or Order Filing 62 TRANSCRIPT of Proceedings held on May 7, 2015, before Judge Orenstein. Court Transcriber: ARIA SERVICES, INC, Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/4/2015. Redacted Transcript Deadline set for 6/15/2015. Release of Transcript Restriction set for 8/12/2015. (Rocco, Christine)
May 14, 2015 Opinion or Order Filing 61 First MOTION to Adjourn Conference Pre-Trial by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi. (Mango, Anthony)
May 14, 2015 Opinion or Order ORDER granting #61 Motion to Adjourn Conference -- The motion is granted. The pretrial conference previously scheduled for August 17, 2015 is rescheduled for September 3, 2015 at 10:00 a.m. Ordered by Magistrate Judge James Orenstein on 5/14/2015. (Wentworth-Ping, Alex)
May 14, 2015 Opinion or Order ORDER granting 61 Motion to Adjourn Conference -- The motion is granted. The pretrial conference previously scheduled for August 17, 2015 is rescheduled for September 3, 2015 at 10:00 a.m. Ordered by Magistrate Judge James Orenstein on 5/14/2015. (Wentworth-Ping, Alex)
May 7, 2015 Opinion or Order Filing 60 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 5/7/2015. SCHEDULING: The next pretrial conference will be held on August 17, 2015, at 9:30 a.m. SUMMARY: After hearing the arguments of counsel, and for the reasons set forth on the record, I granted the plaintiffs' motions to quash the defendants' subpoenas. (Orenstein, James)
May 7, 2015 Opinion or Order ORDER granting #54 Motion to Quash -- see docket entry #60 . I respectfully direct the defendants to alert each subpoena recipient to that ruling, and to return without reviewing and documents already provided in response to the subpoenas. Ordered by Magistrate Judge James Orenstein on 5/7/2015. (Orenstein, James)
May 7, 2015 Opinion or Order ORDER granting 54 Motion to Quash -- see docket entry 60 . I respectfully direct the defendants to alert each subpoena recipient to that ruling, and to return without reviewing and documents already provided in response to the subpoenas. Ordered by Magistrate Judge James Orenstein on 5/7/2015. (Orenstein, James)
May 1, 2015 Opinion or Order Filing 59 AMENDED ANSWER to #24 Amended Complaint by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
May 1, 2015 Opinion or Order Filing 58 STIPULATION to Amend Answer and Defenses by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
May 1, 2015 Opinion or Order STIPULATION AND ORDER re 58 Stipulation -- The stipulation, docket entry 58 , is so ordered. Defendants shall file an Amended Answer by May 1, 2015. Ordered by Magistrate Judge James Orenstein on 5/1/2015. (Wentworth-Ping, Alex)
May 1, 2015 Opinion or Order STIPULATION AND ORDER re #58 Stipulation -- The stipulation, docket entry #58 , is so ordered. Defendants shall file an Amended Answer by May 1, 2015. Ordered by Magistrate Judge James Orenstein on 5/1/2015. (Wentworth-Ping, Alex)
April 23, 2015 Opinion or Order SCHEDULING ORDER re #54 Letter MOTION to Quash Subpoenas and for Protective Order -- A status conference will be held on May 7, 2015 at 10:30 a.m. Ordered by Magistrate Judge James Orenstein on 4/23/2015. (Wentworth-Ping, Alex)
April 23, 2015 Opinion or Order SCHEDULING ORDER re 54 Letter MOTION to Quash Subpoenas and for Protective Order -- A status conference will be held on May 7, 2015 at 10:30 a.m. Ordered by Magistrate Judge James Orenstein on 4/23/2015. (Wentworth-Ping, Alex)
April 22, 2015 Opinion or Order Filing 57 Letter to Judge Orenstein in Opposition to the Letter Motion to Quash Subpoenas and for Protective Order Filed by the EEOC and the Plaintiff-Intervenors by Cost Containment Group, Inc., United Health Programs of America, Inc. (Attachments: #1 Exhibit 1-March 27, 2015 Defendants' Notice of Subpoenas, #2 Exhibit 2-March 30, 2015 Letter from EEOC to Defendants, #3 Exhibit 3-March 31, 2015 Letter from Defendants to EEOC, #4 Exhibit 4-April 3, 2015 Letter from EEOC to Defendants, #5 Exhibit 5-April 9, 2015 Letter from EEOC to Defendants, #6 Exhibit 6-April 10, 2015 Letter from Defendants to EEOC, #7 Exhibit 7-April 13 Letter from EEOC to Defendants, #8 Exhibit 8-April 15, 2015 Defendants' Notice of Subpoenas, #9 Exhibit 9-April 16, 2015 Sample Stop Action Letter from EEOC to Subpoenaed Parties, #10 Exhibit 10-Chart Summarizing Subpoenas) (Traub, Amy)
April 21, 2015 Opinion or Order Filing 56 Letter Judge Orenstein Pursuant to the Court's Order Directing Defendants to Immediately Notify the Court and Opposing Counsel if any Subpoenaed Party Produces Documents in Response to a Subpoena by Cost Containment Group, Inc., United Health Programs of America, Inc. (Seldon, Adam)
April 17, 2015 Opinion or Order Filing 55 Letter to Judge Orenstein Pursuant to the Court's Order Directing Defendants to Immediately Notify the Court and Opposing Counsel if any Subpoenaed Party Produces Documents in Response to a Subpoena. by Cost Containment Group, Inc., United Health Programs of America, Inc. (Seldon, Adam)
April 17, 2015 Opinion or Order Filing 54 Letter MOTION to Quash Subpoenas and for Protective Order by United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit A - Subpoenas) (Lepak, Thomas)
April 17, 2015 Opinion or Order ORDER re #54 Letter MOTION to Quash Subpoenas and for Protective Order -- The defendants are respectfully directed to respond to plaintiffs' motion to quash, docket entry #54 , by April 22, 2015. The defendants shall notify each pertinent subpoena recipient that compliance with the subpoena is stayed pending resolution of the motion. The defendants shall also immediately notify the court and opposing counsel if any subpoena recipient discloses any records or information sought in the subpoena. Ordered by Magistrate Judge James Orenstein on 4/17/2015. (Wentworth-Ping, Alex)
April 17, 2015 Opinion or Order ORDER re 54 Letter MOTION to Quash Subpoenas and for Protective Order -- The defendants are respectfully directed to respond to plaintiffs' motion to quash, docket entry 54 , by April 22, 2015. The defendants shall notify each pertinent subpoena recipient that compliance with the subpoena is stayed pending resolution of the motion. The defendants shall also immediately notify the court and opposing counsel if any subpoena recipient discloses any records or information sought in the subpoena. Ordered by Magistrate Judge James Orenstein on 4/17/2015. (Wentworth-Ping, Alex)
April 6, 2015 Opinion or Order ORDER re 53 Motion for Protective Order -- The proposed stipulation, docket entry 53 , is so ordered. Ordered by Magistrate Judge James Orenstein on 4/6/2015. (Wentworth-Ping, Alex)
April 6, 2015 Opinion or Order ORDER re #53 Motion for Protective Order -- The proposed stipulation, docket entry #53 , is so ordered. Ordered by Magistrate Judge James Orenstein on 4/6/2015. (Wentworth-Ping, Alex)
April 3, 2015 Opinion or Order Filing 53 Proposed MOTION for Protective Order (Confidentiality Stipulation and Order) by United States Equal Employment Opportunity Commission. (Peters, Kirsten)
March 30, 2015 Opinion or Order ORDER granting 51 Motion for Extension of Time to File Response/Reply -- The motion is granted on consent. The deadline for intervenor plaintiff Pabon to respond to outstanding discovery requests is extended to April 27, 2015. Ordered by Magistrate Judge James Orenstein on 3/30/2015. (Wentworth-Ping, Alex)
March 30, 2015 Opinion or Order ORDER granting #51 Motion for Extension of Time to File Response/Reply -- The motion is granted on consent. The deadline for intervenor plaintiff Pabon to respond to outstanding discovery requests is extended to April 27, 2015. Ordered by Magistrate Judge James Orenstein on 3/30/2015. (Wentworth-Ping, Alex)
March 27, 2015 Opinion or Order Filing 52 RESPONSE to Motion re #51 Amended MOTION for Extension of Time to File Response/Reply as to #47 Telephone Conference,,, filed by United States Equal Employment Opportunity Commission. (Peters, Kirsten)
March 27, 2015 Opinion or Order Filing 51 Amended MOTION for Extension of Time to File Response/Reply as to #47 Telephone Conference,,, by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi. (Mango, Anthony)
March 27, 2015 Opinion or Order Filing 50 MOTION for Extension of Time to File Response/Reply as to #47 Telephone Conference,,, by Elizabeth Ontaneda, Faith Pabon, Francine Pennisi. (Mango, Anthony)
March 27, 2015 Opinion or Order ORDER re 51 Amended MOTION for Extension of Time to File Response/Reply -- Plaintiff United States Equal Employment Opportunity Commission is respectfully directed to respond to the intervenor plaintiffs' motion, docket entry 51 , by April 1, 2015. The deadline for intervenor-plaintiff Pabon to respond to outstanding discovery requests is adjourned pending the resolution of the motion. Ordered by Magistrate Judge James Orenstein on 3/27/2015. (Wentworth-Ping, Alex)
March 27, 2015 Opinion or Order ORDER denying #50 Motion for Extension of Time to File Response/Reply -- The motion is denied without prejudice to renewal after soliciting the consent of all other parties. Ordered by Magistrate Judge James Orenstein on 3/27/2015. (Wentworth-Ping, Alex)
March 27, 2015 Opinion or Order ORDER re #51 Amended MOTION for Extension of Time to File Response/Reply -- Plaintiff United States Equal Employment Opportunity Commission is respectfully directed to respond to the intervenor plaintiffs' motion, docket entry #51 , by April 1, 2015. The deadline for intervenor-plaintiff Pabon to respond to outstanding discovery requests is adjourned pending the resolution of the motion. Ordered by Magistrate Judge James Orenstein on 3/27/2015. (Wentworth-Ping, Alex)
March 27, 2015 Opinion or Order ORDER denying 50 Motion for Extension of Time to File Response/Reply -- The motion is denied without prejudice to renewal after soliciting the consent of all other parties. Ordered by Magistrate Judge James Orenstein on 3/27/2015. (Wentworth-Ping, Alex)
March 26, 2015 Opinion or Order Filing 49 TRANSCRIPT of Proceedings held on 3/11/15, before Judge Orenstein. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/16/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/24/2015. (Hong, Loan)
March 11, 2015 Opinion or Order Filing 48 AMENDED SCHEDULING ORDER: Deadline for joinder of additional parties and amendment of pleadings: May 1, 2015. Fact discovery to be completed by: June 1, 2015. Plaintiff's expert reports to be completed by: July 6, 2015. Defendants' expert reports to be completed by: July 6, 2015. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: August 3, 2015. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): August 17, 2015, at 9:30 a.m. Dispositive motion process started by: August 31, 2015. Joint pretrial order due by: September 30, 2015. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 3/11/2015. (Orenstein, James)
March 11, 2015 Opinion or Order Filing 47 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 3/11/2015. SCHEDULING: The next pretrial conference will be held on August 17, 2015, at 9:30 a.m. SUMMARY: (1) I discussed with the parties potential recusal issues and directed any party seeking my recusal to do so by March 18, 2015. (2) The parties discussed their differences concerning a stipulated protective order. They will continue to confer based on suggestions I made at today's conference and will submit a revised proposal. (3) For the reasons set forth on the record, I granted the plaintiff's motion to quash the noticed deposition of the EEOC pursuant to Rule 30(b)(6). (4) Intervenor plaintiff Pabon will respond to outstanding discovery requests by March 27, 2015. (5) On consent, I will enter an amended case management and scheduling order that extends all remaining deadlines by approximately one month. (Orenstein, James)
March 11, 2015 Opinion or Order ORDER granting 44 Motion to Quash; terminating 45 Motion for Protective Order -- see docket entry 47 . Ordered by Magistrate Judge James Orenstein on 3/11/2015. (Orenstein, James)
March 11, 2015 Opinion or Order ORDER granting #44 Motion to Quash; terminating #45 Motion for Protective Order -- see docket entry #47 . Ordered by Magistrate Judge James Orenstein on 3/11/2015. (Orenstein, James)
March 10, 2015 Opinion or Order Filing 46 RESPONSE to Motion re #44 Letter MOTION to Quash and for Protective Order filed by United Health Programs of America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Muldowney, Patrick)
March 9, 2015 Opinion or Order Filing 45 Letter MOTION for Protective Order Regarding Confidentiality Governing the Production and Exchange of Confidential Material, Via Joint Letter by United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Peters, Kirsten)
March 9, 2015 Opinion or Order ORDER re 44 Letter MOTION to Quash and for Protective Order -- I intend to discuss the motion to quash at the status conference on March 11, 2015. Any written response that the defendants wish me to consider must be filed by noon on March 10, 2015. Ordered by Magistrate Judge James Orenstein on 3/9/2015. (Wentworth-Ping, Alex)
March 9, 2015 Opinion or Order ORDER re #44 Letter MOTION to Quash and for Protective Order -- I intend to discuss the motion to quash at the status conference on March 11, 2015. Any written response that the defendants wish me to consider must be filed by noon on March 10, 2015. Ordered by Magistrate Judge James Orenstein on 3/9/2015. (Wentworth-Ping, Alex)
March 6, 2015 Opinion or Order Filing 44 Letter MOTION to Quash and for Protective Order by United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit) (Peters, Kirsten)
March 6, 2015 Opinion or Order Filing 43 STATUS REPORT (Joint Status Report) by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
March 6, 2015 Opinion or Order ORDER granting 41 Motion to Appear by Telephone -- The motion is granted. Both parties may appear by telephone at the status conference scheduled for March 11, 2015 at 9:30 a.m. Counsel for the plaintiff shall initiate the call and conference in chambers when all parties are on the line. Ordered by Magistrate Judge James Orenstein on 3/6/2015. (Wentworth-Ping, Alex)
March 6, 2015 Opinion or Order ORDER granting #41 Motion to Appear by Telephone -- The motion is granted. Both parties may appear by telephone at the status conference scheduled for March 11, 2015 at 9:30 a.m. Counsel for the plaintiff shall initiate the call and conference in chambers when all parties are on the line. Ordered by Magistrate Judge James Orenstein on 3/6/2015. (Wentworth-Ping, Alex)
March 5, 2015 Opinion or Order Filing 42 NOTICE of Appearance by Kirsten J. Peters on behalf of United States Equal Employment Opportunity Commission (notification declined or already on case) (Peters, Kirsten)
March 5, 2015 Opinion or Order Filing 41 Letter Motion to Appear by Telephone by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
February 27, 2015 Opinion or Order Filing 40 ORDER granting #39 Motion for Leave to Appear Pro Hac Vice: The motion is granted. Attorney Kirsten J. Peters, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By March 6, 2015, Ms. Peters shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Peters shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge James Orenstein on 2/27/2015. (Wentworth-Ping, Alex)
February 27, 2015 Opinion or Order Filing 39 MOTION for Leave to Appear Pro Hac Vice by Kirsten J. Peters on behalf of United States Equal Employment Opportunity Commission (Attachments: #1 Proposed Order, #2 Illinois Certificate of Admission) (Peters, Kirsten) Modified on 2/27/2015 (Barrett, C).
February 10, 2015 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Pre-motion tele-conference held on 2/10/2015 regarding defendant's proposed motion for a protective order. Thomas Lepak, Esq. appeared on behalf of plaintiffs and Ona Wang, Esq., Amy Traub, Esq., and Patrick Muldowney, Esq. appeared on behalf of defendants. The court advised the parties that it would be disinclined to grant a protective order due to the plaintiffs' counsel's representation that no additional letters, calls, or other solicitations to defendant's employees would be sent. Thus, without reaching the merits or finding any fault on the part of the plaintiffs, the court rendered the defendant's proposed motion for a protective order moot at this time. If defense counsel intends to proceed in sending a curative letter to defendant's employees, the parties have agreed to work together to draft an acceptable letter. Lastly, Judge Matsumoto disclosed to the parties that she has met defendant's counsel, Ona Wang, on occasion through bar-related activities. The court expressed its view that it can remain fair and impartial. Mr. Lepak, on behalf of plaintiffs, indicated that he has no concerns or reason to doubt the court's impartiality. (Tsay, Stephanie)
February 10, 2015 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Pre-motion tele-conference held on 2/10/2015 regarding defendant's proposed motion for a protective order. Thomas Lepak, Esq. appeared on behalf of plaintiffs and Ona Wang, Esq., Amy Traub, Esq., and Patrick Muldowney, Esq. appeared on behalf of defendants. The court advised the parties that it would be disinclined to grant a protective order due to the plaintiffs' counsel's representation that no additional letters, calls, or other solicitations to defendant's employees would be sent. Thus, without reaching the merits or finding any fault on the part of the plaintiffs, the court rendered the defendant's proposed motion for a protective order moot at this time. If defense counsel intends to proceed in sending a curative letter to defendant's employees, the parties have agreed to work together to draft an acceptable letter. Lastly, Judge Matsumoto disclosed to the parties that she has met defendant's counsel, Ona Wang, on occasion through bar-related activities. The court expressed its view that it can remain fair and impartial. Mr. Lepak, on behalf of plaintiffs, indicated that he has no concerns or reason to doubt the court's impartiality. (Tsay, Stephanie)
February 3, 2015 Opinion or Order Filing 38 RESPONSE in Opposition re #37 Letter MOTION for pre motion conference concerning a proposed motion for a protective order filed by United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit 1 - Counsel's Email Exchange, #2 Exhibit 2 - Final-Contact Letter) (Lepak, Thomas)
February 2, 2015 Opinion or Order ORDER granting #37 Motion for Pre Motion Conference. Defendants' request for a pre-motion conference regarding their proposed motion for a protective order and other relief is granted. Pursuant to this chambers' Individual Practices, plaintiffs shall submit a response to defendants' letter requesting a pre-motion conference by February 6, 2015. The parties shall participate in a telephonic pre-motion conference on Feburary 10, 2015, at 2:00 p.m. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 2/2/2015. (Tsay, Stephanie)
February 2, 2015 Opinion or Order ORDER granting 37 Motion for Pre Motion Conference. Defendants' request for a pre-motion conference regarding their proposed motion for a protective order and other relief is granted. Pursuant to this chambers' Individual Practices, plaintiffs shall submit a response to defendants' letter requesting a pre-motion conference by February 6, 2015. The parties shall participate in a telephonic pre-motion conference on Feburary 10, 2015, at 2:00 p.m. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 2/2/2015. (Tsay, Stephanie)
January 30, 2015 Opinion or Order Filing 37 Letter MOTION for pre motion conference concerning a proposed motion for a protective order by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Wang, Ona)
January 30, 2015 Opinion or Order Filing 36 NOTICE of Appearance by Adam Ross Seldon on behalf of Cost Containment Group, Inc., United Health Programs of America, Inc. (aty to be noticed) (Seldon, Adam)
January 29, 2015 Opinion or Order Filing 35 NOTICE of Appearance by Ona T. Wang on behalf of Cost Containment Group, Inc., United Health Programs of America, Inc. (aty to be noticed) (Wang, Ona)
December 8, 2014 Opinion or Order Filing 34 ANSWER to #25 Amended Complaint by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
December 8, 2014 Opinion or Order Filing 33 ANSWER to #24 Amended Complaint by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
November 18, 2014 Opinion or Order Filing 32 NOTICE of Appearance by Robert D. Rose on behalf of United States Equal Employment Opportunity Commission (aty to be noticed) (Rose, Robert)
November 14, 2014 Opinion or Order Filing 31 Consent MOTION for Reconsideration re Order on Motion for Extension of Time to Answer,,, by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
November 14, 2014 Opinion or Order VACATING ORDER -- My order dated November 13, 2014 is vacated to the extent that it conflicts with Judge Kiyo A. Matusmoto's order on November 13, 2014. Ordered by Magistrate Judge James Orenstein on 11/14/2014. (Wentworth-Ping, Alex)
November 14, 2014 Opinion or Order ORDER granting 31 Motion for Reconsideration re November 13, 2014 Order on Motion for Extension of Time to Answer and Vacating November 13, 2014 Order. In light of the plaintiffs' November 14, 2014 letter, the parties shall adhere to the following revised schedule:(1) defendants shall serve their motion to dismiss or file an answer by December 8, 2014 ; (2) plaintiffs and plaintiff-intervenors shall serve their oppositions to the motion to dismiss, if served with a motion to dismiss, by January 29, 2015 ; and (3) defendants shall serve their reply, if any, and file the fully-briefed motions via ECF by February 19, 2015 . The parties are kindly reminded to provide the court with two hard courtesy copies of all papers filed electronically. Ordered by Judge Kiyo A. Matsumoto on 11/14/2014. (Tsay, Stephanie)
November 14, 2014 Opinion or Order ORDER granting #31 Motion for Reconsideration re November 13, 2014 Order on Motion for Extension of Time to Answer and Vacating November 13, 2014 Order. In light of the plaintiffs' November 14, 2014 letter, the parties shall adhere to the following revised schedule:(1) defendants shall serve their motion to dismiss or file an answer by December 8, 2014 ; (2) plaintiffs and plaintiff-intervenors shall serve their oppositions to the motion to dismiss, if served with a motion to dismiss, by January 29, 2015 ; and (3) defendants shall serve their reply, if any, and file the fully-briefed motions via ECF by February 19, 2015 . The parties are kindly reminded to provide the court with two hard courtesy copies of all papers filed electronically. Ordered by Judge Kiyo A. Matsumoto on 11/14/2014. (Tsay, Stephanie)
November 14, 2014 Opinion or Order VACATING ORDER -- My order dated November 13, 2014 is vacated to the extent that it conflicts with Judge Kiyo A. Matusmoto's order on November 13, 2014. Ordered by Magistrate Judge James Orenstein on 11/14/2014. (Wentworth-Ping, Alex)
November 13, 2014 Opinion or Order Filing 30 NOTICE of Appearance by Patrick M. Muldowney on behalf of Cost Containment Group, Inc., United Health Programs of America, Inc. (aty to be noticed) (Muldowney, Patrick)
November 13, 2014 Opinion or Order Filing 29 Letter MOTION for Extension of Time to File Answer or Otherwise Respond to the Amended Complaints by Cost Containment Group, Inc., United Health Programs of America, Inc.. (Traub, Amy)
November 13, 2014 Opinion or Order Filing 28 NOTICE of Appearance by Amy Joy Traub on behalf of Cost Containment Group, Inc., United Health Programs of America, Inc. (aty to be noticed) (Traub, Amy)
November 13, 2014 Opinion or Order ORDER granting #29 Motion for Extension of Time to File Answer or Motion to Dismiss. The parties' joint request for an extension of time to file responsive pleadings to the Amended Complaint or otherwise move to dismiss is granted. In light of the parties' joint request, the parties shall adhere to the following schedule:(1) defendants shall serve their motion to dismiss or file an answer by January 9, 2015 ; (2) plaintiffs and plaintiff-intervenors shall serve their oppositions to the motion to dismiss, if served, by January 29, 2015 ; and (3) defendants shall serve their reply, if any, and file the fully-briefed motions via ECF by February 19, 2015 . The parties are kindly reminded to provide the court with two hard courtesy copies of all papers filed electronically. Ordered by Judge Kiyo A. Matsumoto on 11/13/2014. (Tsay, Stephanie)
November 13, 2014 Opinion or Order ORDER granting 29 Motion for Extension of Time to File Answer or Motion to Dismiss. The parties' joint request for an extension of time to file responsive pleadings to the Amended Complaint or otherwise move to dismiss is granted. In light of the parties' joint request, the parties shall adhere to the following schedule:(1) defendants shall serve their motion to dismiss or file an answer by January 9, 2015 ; (2) plaintiffs and plaintiff-intervenors shall serve their oppositions to the motion to dismiss, if served, by January 29, 2015 ; and (3) defendants shall serve their reply, if any, and file the fully-briefed motions via ECF by February 19, 2015 . The parties are kindly reminded to provide the court with two hard courtesy copies of all papers filed electronically. Ordered by Judge Kiyo A. Matsumoto on 11/13/2014. (Tsay, Stephanie)
November 13, 2014 Opinion or Order ORDER granting #29 Motion for Extension of Time to Answer -- The motion is granted on consent; the Defendants shall answer or otherwise respond to the complaint by December 8, 2014. If Defendants file a motion to dismiss the amended complaints, the plaintiff and plaintiffs-intervenors must respond to that motion by January 29, 2015, and Defendants must reply by February 19, 2015. Ordered by Magistrate Judge James Orenstein on 11/13/2014. (Wentworth-Ping, Alex)
November 13, 2014 Opinion or Order ORDER granting 29 Motion for Extension of Time to Answer -- The motion is granted on consent; the Defendants shall answer or otherwise respond to the complaint by December 8, 2014. If Defendants file a motion to dismiss the amended complaints, the plaintiff and plaintiffs-intervenors must respond to that motion by January 29, 2015, and Defendants must reply by February 19, 2015. Ordered by Magistrate Judge James Orenstein on 11/13/2014. (Wentworth-Ping, Alex)
November 12, 2014 Opinion or Order Filing 27 STIPULATION for Substitution of Counsel for Defendants by Cost Containment Group, Inc., United Health Programs of America, Inc. (Traub, Amy)
November 12, 2014 Opinion or Order ORDER re 27 Stipulation filed by Cost Containment Group, Inc., United Health Programs of America, Inc. -- The stipulation is SO ORDERED. Ordered by Magistrate Judge James Orenstein on 11/12/2014. (Wentworth-Ping, Alex)
November 12, 2014 Opinion or Order ORDER re #27 Stipulation filed by Cost Containment Group, Inc., United Health Programs of America, Inc. -- The stipulation is SO ORDERED. Ordered by Magistrate Judge James Orenstein on 11/12/2014. (Wentworth-Ping, Alex)
October 17, 2014 Opinion or Order Filing 26 Letter re: pleading/briefing schedule by Cost Containment Group, Inc., United Health Programs of America, Inc. (Sutton, David)
October 17, 2014 Opinion or Order SCHEDULING ORDER: re 26 letter filed by defendants regarding briefing schedule. Pursuant to the parties' joint proposal, the parties shall adhere to the following briefing schedule: (1) defendants shall serve their motion to dismiss or file an answer by November 17, 2014 ; (2) plaintiffs and plaintiff-intervenors shall serve their oppositions to the motion to dismiss, if served, by December 17, 2014 ; and (3) defendants shall serve their reply, if any, and file the fully-briefed motions via ECF by January 7, 2015 . The parties are kindly reminded to provide the court with two hard courtesy copies of all papers filed electronically. Ordered by Judge Kiyo A. Matsumoto on 10/17/2014. (Tsay, Stephanie)
October 17, 2014 Opinion or Order SCHEDULING ORDER: re #26 letter filed by defendants regarding briefing schedule. Pursuant to the parties' joint proposal, the parties shall adhere to the following briefing schedule: (1) defendants shall serve their motion to dismiss or file an answer by November 17, 2014 ; (2) plaintiffs and plaintiff-intervenors shall serve their oppositions to the motion to dismiss, if served, by December 17, 2014 ; and (3) defendants shall serve their reply, if any, and file the fully-briefed motions via ECF by January 7, 2015 . The parties are kindly reminded to provide the court with two hard courtesy copies of all papers filed electronically. Ordered by Judge Kiyo A. Matsumoto on 10/17/2014. (Tsay, Stephanie)
October 9, 2014 Opinion or Order Filing 25 AMENDED COMPLAINT against All Defendants, filed by Faith Pabon, Francine Pennisi, Elizabeth Ontaneda. (Mango, Anthony)
October 9, 2014 Opinion or Order Filing 24 AMENDED COMPLAINT against Cost Containment Group, Inc., United Health Programs of America, Inc., filed by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
October 2, 2014 Opinion or Order Filing 23 SCHEDULING ORDER: Plaintiff's deadline for all Rule 26(a)(1) disclosures: October 1, 2014. Defendants' deadline for all Rule 26(a)(1) disclosures: October 14, 2014. First request for production of documents and first request for interrogatories due by: December 5, 2014. Deadline for joinder of additional parties and amendment of pleadings: April 1, 2015. Status Conference (with joint status report due two business days in advance): March 11, 2015, at 9:30 a.m. Fact discovery to be completed by: May 1, 2015. Plaintiff's expert reports completed by: June 5, 2015. Defendants' expert reports completed by: June 5, 2015. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: July 2, 2015. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): July 16, 2015, at 9:30 a.m. Dispositive motion process started by: July 30, 2015. Joint pretrial order due by: August 27, 2015. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 10/2/2014. (Orenstein, James)
October 2, 2014 Opinion or Order Filing 22 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 10/2/2014. SCHEDULING: (1) The next status conference will be held on March 11, 2015, at 9:30 a.m. (2) A pretrial conference will be held on July 16, 2015, at 9:30 a.m. SUMMARY: I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (Orenstein, James)
October 1, 2014 Opinion or Order Filing 21 NOTICE of Appearance by Jared Trevor Sullivan on behalf of All Defendants (aty to be noticed) (Sullivan, Jared)
September 30, 2014 Opinion or Order Filing 20 Proposed Scheduling Order by United States Equal Employment Opportunity Commission (Attachments: #1 Affidavit of Service) (Lepak, Thomas)
September 30, 2014 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Pre-Motion Conference held on 9/30/2014. Appearances by T. Lepak and N. Curtin on behalf of Plaintiff EEOC; A. Mango on behalf of Intervenors-Plaintiffs Pennisi, et al.; and D. Sutton and J. Sullivan on behalf of Defendant United Health Programs of America, Inc. The court held a telephonic pre-motion conference to discuss Defendant's proposed motion to dismiss for failure to state a claim and subject matter jurisdiction. The Plaintiff EEOC and Plaintiffs-Intervenors shall submit Amended Complaints by October 10, 2014 . Defendant shall submit a joint briefing schedule that is mutually acceptable to all parties by October 17, 2014 should Defendant go forward with its motion to dismiss. In the interim, the parties shall proceed with the discovery planning conference before Magistrate Judge Orenstein as scheduled and, to the extent possible, move forward with discovery. (Tsay, Stephanie)
September 30, 2014 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Pre-Motion Conference held on 9/30/2014. Appearances by T. Lepak and N. Curtin on behalf of Plaintiff EEOC; A. Mango on behalf of Intervenors-Plaintiffs Pennisi, et al.; and D. Sutton and J. Sullivan on behalf of Defendant United Health Programs of America, Inc. The court held a telephonic pre-motion conference to discuss Defendant's proposed motion to dismiss for failure to state a claim and subject matter jurisdiction. The Plaintiff EEOC and Plaintiffs-Intervenors shall submit Amended Complaints by October 10, 2014 . Defendant shall submit a joint briefing schedule that is mutually acceptable to all parties by October 17, 2014 should Defendant go forward with its motion to dismiss. In the interim, the parties shall proceed with the discovery planning conference before Magistrate Judge Orenstein as scheduled and, to the extent possible, move forward with discovery. (Tsay, Stephanie)
September 15, 2014 Opinion or Order Filing 19 MOTION to Adjourn Conference by United States Equal Employment Opportunity Commission. (Lepak, Thomas)
September 15, 2014 Opinion or Order ORDER granting 19 Motion to Adjourn Conference: The telephonic pre-motion conference is adjourned to September 30, 2014 at 3:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 9/15/2014. (Tsai, Denise)
September 15, 2014 Opinion or Order ORDER granting #19 Motion to Adjourn Conference: The telephonic pre-motion conference is adjourned to September 30, 2014 at 3:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 9/15/2014. (Tsai, Denise)
September 15, 2014 Opinion or Order ORDER: Due to a conflict in the court's calendar, the pre-motion conference is adjourned to Wednesday, September 24, 2014, at 3:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 9/15/2014. (Tsai, Denise)
September 15, 2014 Opinion or Order ORDER: Due to a conflict in the court's calendar, the pre-motion conference is adjourned to Wednesday, September 24, 2014, at 3:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 9/15/2014. (Tsai, Denise)
September 4, 2014 Opinion or Order Filing 18 NOTICE of Appearance by Nora E. Curtin on behalf of United States Equal Employment Opportunity Commission (aty to be noticed) (Curtin, Nora)
September 4, 2014 Opinion or Order Filing 17 NOTICE of Appearance by Thomas Lepak on behalf of United States Equal Employment Opportunity Commission (notification declined or already on case) (Lepak, Thomas)
September 4, 2014 Opinion or Order Filing 16 ORDER: The order entered on September 2, 2014, denying the motion for leave to appear pro hac vice, docket entry #15 , is hereby vacated; the application is granted. Attorney Thomas S. Lepak, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By September 11, 2014, Mr. Lepak shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Lepak shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge James Orenstein on 9/4/2014. (Mattus, Carolyn)
September 2, 2014 Opinion or Order ORDER denying #15 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar and which has been issued within thirty (30) days of filing. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 9/2/2014. (Mattus, Carolyn)
September 2, 2014 Opinion or Order ORDER denying 15 Motion for Leave to Appear Pro Hac Vice -- The motion is denied without prejudice to renewal in conformity with this court's local rules, which require that an application for admission pro hac vice include a certificate from the state court of each state in which the applicant is a member of the bar confirming that the applicant is a member in good standing of the state court's bar and which has been issued within thirty (30) days of filing. See Loc. Civ. R. 1.3(c). Ordered by Magistrate Judge James Orenstein on 9/2/2014. (Mattus, Carolyn)
August 29, 2014 Opinion or Order Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25. by United States Equal Employment Opportunity Commission. (Attachments: #1 Exhibit Certificate of Standing, #2 Proposed Order) (Lepak, Thomas)
August 25, 2014 Opinion or Order Filing 14 SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on October 2, 2014, at 11:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than September 30, 2014, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/25/2014. (Guy, Alicia)
August 25, 2014 Opinion or Order ORDER: Upon defendants' request 13 , the telephonic pre-motion conference previously scheduled for September 4, 2014, is adjourned to September 15, 2014 at 3:00 P.M. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/25/2014. (Tsai, Denise)
August 25, 2014 Opinion or Order ORDER: Upon defendants' request 13 , the telephonic pre-motion conference previously scheduled for September 4, 2014, is adjourned to September 14, 2014 at 3:00 P.M. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/25/2014. (Tsai, Denise)
August 25, 2014 Opinion or Order ORDER: Upon defendants' request #13 , the telephonic pre-motion conference previously scheduled for September 4, 2014, is adjourned to September 15, 2014 at 3:00 P.M. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/25/2014. (Tsai, Denise)
August 25, 2014 Opinion or Order ORDER: Upon defendants' request #13 , the telephonic pre-motion conference previously scheduled for September 4, 2014, is adjourned to September 14, 2014 at 3:00 P.M. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/25/2014. (Tsai, Denise)
August 20, 2014 Opinion or Order Filing 13 Letter requesting new date for telephonic pre-motion conference by Cost Containment Group, Inc., United Health Programs of America, Inc. (Sutton, David)
August 12, 2014 Opinion or Order Filing 12 Letter from all Plaintiffs opposing Defendants' letter that sought to file a motion to dismiss by United States Equal Employment Opportunity Commission (Chandy, Sunu)
August 12, 2014 Opinion or Order ORDER: Defendants' #10 request for a pre-motion conference to discuss their anticipated motion to dismiss plaintiff's and plaintiff-intervenors' complaints is granted. The parties shall appear for a telephonic pre-motion conference at 3:00 P.M. on Wednesday, September 4, 2014. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/12/2014. (Tsai, Denise)
August 12, 2014 Opinion or Order ORDER: Defendants' 10 request for a pre-motion conference to discuss their anticipated motion to dismiss plaintiff's and plaintiff-intervenors' complaints is granted. The parties shall appear for a telephonic pre-motion conference at 3:00 P.M. on Wednesday, September 4, 2014. Counsel for defendants shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/12/2014. (Tsai, Denise)
August 7, 2014 Opinion or Order Filing 11 Corporate Disclosure Statement by Cost Containment Group, Inc., United Health Programs of America, Inc. (Sutton, David)
August 7, 2014 Opinion or Order Filing 10 Letter Requesting Pre-Motion Conference by Cost Containment Group, Inc., United Health Programs of America, Inc. (Sutton, David)
July 8, 2014 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by Faith Pabon, Francine Pennisi, Elizabeth Ontaneda. All Defendants. (Mango, Anthony)
July 2, 2014 Opinion or Order Filing 8 COMPLAINT of Plaintiffs-Intervenors against All Defendants filing fee $ 400, receipt number 0207-7039350 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Faith Pabon, Francine Pennisi. (Mango, Anthony)
July 2, 2014 Opinion or Order ORDER granting 4 Motion to Intervene -- The motion is granted on consent. Ordered by Magistrate Judge James Orenstein on 7/2/2014. (Mattus, Carolyn)
July 2, 2014 Opinion or Order ORDER granting #4 Motion to Intervene -- The motion is granted on consent. Ordered by Magistrate Judge James Orenstein on 7/2/2014. (Mattus, Carolyn)
July 1, 2014 Opinion or Order Filing 7 RESPONSE to Motion re #4 MOTION to Intervene as Plaintiffs filed by All Defendants. (Sutton, David)
June 24, 2014 Opinion or Order Filing 6 NOTICE of Appearance by David John Sutton on behalf of All Defendants (aty to be noticed) (Sutton, David)
June 24, 2014 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by United States Equal Employment Opportunity Commission. All Defendants. (Chandy, Sunu)
June 24, 2014 Opinion or Order Filing 4 MOTION to Intervene as Plaintiffs by Francine Pennisi, Elizabeth Ontaneda, Faith Pabon. (Attachments: #1 Exhibit A - Proposed Complaint) (Mango, Anthony)
June 24, 2014 Opinion or Order ORDER re 4 MOTION to Intervene as Plaintiffs filed by Faith Pabon, Francine Pennisi, Elizabeth Ontaneda -- Any party opposing the motion shall file a response by no later than July 1, 2014. Ordered by Magistrate Judge James Orenstein on 6/24/2014. (Mattus, Carolyn)
June 24, 2014 Opinion or Order ORDER re #4 MOTION to Intervene as Plaintiffs filed by Faith Pabon, Francine Pennisi, Elizabeth Ontaneda -- Any party opposing the motion shall file a response by no later than July 1, 2014. Ordered by Magistrate Judge James Orenstein on 6/24/2014. (Mattus, Carolyn)
June 11, 2014 Opinion or Order Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
June 11, 2014 Opinion or Order Filing 2 Summons Issued as to Cost Containment Group, Inc., United Health Programs of America, Inc.. (Bowens, Priscilla)
June 11, 2014 Filing 1 COMPLAINT against All Defendants, filed by United States Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Chandy, Sunu)
June 11, 2014 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by United States Equal Employment Opportunity Commission. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Chandy, Sunu)
June 11, 2014 Opinion or Order This attorney case opening filing has been checked for quality control. The following corrections were made: Caption corrected, second defendant added, first defendants name corrected. (Bowens, Priscilla)
June 11, 2014 Opinion or Order Case assigned to Judge Kiyo A. Matsumoto and Magistrate Judge James Orenstein. (Bowens, Priscilla)

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Search for this case: United States Equal Employment Opportunity Commission v. United Health Programs of America, Inc et al
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Intervenor plaintiff: Faith Pabon
Represented By: Anthony G. Mango
Represented By: Thomas Lepak
Represented By: Andrea Chinyere Ezie
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Intervenor plaintiff: Francine Pennisi
Represented By: Anthony G. Mango
Represented By: Thomas Lepak
Represented By: Andrea Chinyere Ezie
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Intervenor plaintiff: Elizabeth Ontaneda
Represented By: Anthony G. Mango
Represented By: Thomas Lepak
Represented By: Andrea Chinyere Ezie
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Defendant: United Health Programs of America, Inc.
Represented By: Saima Zuberi Sheikh
Represented By: Ona T. Wang
Represented By: Jared Trevor Sullivan
Represented By: Adam Ross Seldon
Represented By: Dennis P. Duffy
Represented By: David John Sutton
Represented By: Amy Joy Traub
Represented By: Patrick M. Muldowney
Represented By: Amanda L. Van Hoose Garofalo
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Defendant: Cost Containment Group, Inc.
Represented By: Saima Zuberi Sheikh
Represented By: Ona T. Wang
Represented By: Jared Trevor Sullivan
Represented By: Adam Ross Seldon
Represented By: Dennis P. Duffy
Represented By: David John Sutton
Represented By: Amy Joy Traub
Represented By: Patrick M. Muldowney
Represented By: Amanda L. Van Hoose Garofalo
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Plaintiff: United States Equal Employment Opportunity Commission
Represented By: Andrea Chinyere Ezie
Represented By: Sunu P. Chandy
Represented By: Kirsten J. Peters
Represented By: Nora E. Curtin
Represented By: Charles F. Coleman, Jr.
Represented By: Robert D. Rose
Represented By: Elizabeth Fox-Solomon
Represented By: Jeffrey Burstein
Represented By: Thomas Lepak
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