Equal Employment Opportunity Commission v. Kelley Drye & Warren, LLP

Filing 101

ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from the Law Office of Eugene T. D'Ablemont, Esq. dated 11/21/2011 re: I last wrote you on September 30, 2011 pursuant to your agreement with the EEOC's position during the hearing on July 15, 2011 that I had a right to be heard, separate and apart from the EEOC, on matters that directly impact me. ENDORSEMENT: To the extent that Mr. D'Ablemont wishes to participate in a forthcoming telephone status conference, that request is denied. The conference is for counsel only and seeks solely to ensure that the parties provide each other necessary information on a timely basis and continue to pursue discussions as to possible settlement terms. We have no reason at this time to believe that the EEOC is not adequately pursuing its mandates in these respects. (Signed by Magistrate Judge Michael H. Dolinger on 11/21/2011) (djc)

11/21/2011 16:20 FAX

KELLEV DRVE & WARREN LLP

12128087887

141 002/006

EUGENE T. D'ABLEMONT, ESQ.
1D1 PARK AVENue
NEW YORK, NEW YORK 1D176
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November 21, 2011

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VIA FACSIMILE
AND FIRST CLASS MAIL

Ron. Michaeill . Dolinger,

U.S~M.J.

United States District Court
SouthemDistrict ofNew York
500 PeElTl Street
NewYork,NY 10007-1312
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I last wrote you on September 30, 2011 pursuant to your agreement with the r? t.i_~~~
EEOC's position during the hearing on July 15,2011 that I had a right to be heard, separate and
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apart from the EEOC, On matters that directly impact me,
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That letter had to do with the then upcoming mediation session on October 6 with ~~
you acting in your capacity as the mediator. As 1 noted in that letter, nothing would impact me (3)" r 1"" '-....p tt;
more directly than a settlement agreement that did not provide for a fair, adequate and reasonable~ a k.~ ~
resolution to which the EEOC tnight be tempted to accept without consulting me.
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On October 6, the EEOC's Regional Attorney Eli7.abeth Grossman appeared
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before you as did Senior Trial Attorney Jeffrey Burstein. Ms. Grossman requested that I appear,
which [did. Kelley Drye did not appear with a decision-maker, I participated in the EEOC's
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preliminary discussions with you irl chambers in"which I presented highlights from my
September 30 letter to you. I am told that session ended because Kelley Drye's counsel and
inside Finn counsel had no authority 10 move beyond the offer Kelley Drye had made in writing
On June 17, 201 I.

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Thereafter, the EEOC told me that, in follow-up tri-partite conference calls with
you, Kelley Drye did not present a meaningful change in its position either as to back pay
through 2010 or front pay beginning this year. What disturbed me was that I was not infonned
of those settlement conference calls before they took place, let alone invited to participate. I do
not yet know who participated in those calls for the EEOC besides Jeffrey Burstein, ifanyone, or
who participated for Kelley Drye besides Ms. Plevan, if anyone,

FAX Cover Sheet

Date:

November 21,2011

To:
Elizabeth Anne Grossman, Esq.
Fax: [phone]
Jeffrey Charles Burstein, Esq.
Fax: [phone]
Bettina Barasch Plevan, Esq.
Fax: [phone]
Joseph C. O'Keefe, Jr, Esq.

Proskauer Rose LLP

Fax: [phone]

Re:

EEOC v. Kelley Drye & Warren, LLP.
10 Civ. 655 (L TS) (MHD)

Text of enclosed endorsed order: "To the extent that Mr. D'Ablemont
wishes to participate in a forthcoming telephone status conference, that
request is denied. The conference is for counsel only and seeks solely to
ensure that the parties provide each other necessary information on a
timely basis and continue to pursue discussions as to possible settlement
terms. We have no reason at this time to believe that the EEOC is not
adequately pursuing its mandates in these respects."

From:

Magistrate Judge Michael H. Dolinger

United States District Court

Southern District of New York

500 Pearl Street, Room 1670

New York, New York 10007-1312

FAX [phone]
TELEPHONE NUMBER [phone]
This document contains 6 pages, including this cover sheet.