Buchanan et al v. City of New York et al, No. 1:2021cv00660 - Document 22 (S.D.N.Y. 2021)
Court Description: ORDER granting 21 LETTER MOTION to Seal Redact Exhibit "B" to Defendants' Motion to Dismiss the Complaint. Application granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/31/2021) (jca)
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Buchanan et al v. City of New York et al Doc. 22 THE CITY OF NEW YORK LAW DEPARTMENT JAMES E. JOHNSON Corporation Counsel YUVAL RUBINSTEIN Phone: (212) 356-2467 Fax: (212) 356-2439 Email: yrubinst@law.nyc.gov 100 CHURCH STREET NEW YORK, NY 10007 March 30, 2021 Via ECF Honorable Sidney H. Stein United States District Judge Southern District of New York 500 Pearl Street New York, NY 10007 Re: Buchanan v. City of New York, et al. Case No. 21-cv-00660 (SHS)(OTW) MEMO ENDORSED Dear Judge Stein: I am the Assistant Corporation Counsel in the Office of James E. Johnson, Corporation Counsel for the City of New York, assigned to represent the defendants in the above-captioned action. Defendants filed a motion to dismiss the Complaint earlier today. Exhibit “B” to the declaration accompanying the motion was an EEOC charge filed by a nonparty to this case, which was inadvertently filed unredacted on the docket. Dkt. No. 20-2. Defendants sincerely apologize to the Court for this oversight. Attached hereto is a properly redacted version of Exhibit “B.” Pursuant to Section 5(B) of Your Honor’s Individual Practices, defendants respectfully request that the unredacted version of this exhibit be removed from the public docket, and replaced by the redacted version that is attached. Defendants thank the Court for its attention to this matter. Respectfully submitted, /s/ Application granted. Yuval Rubinstein Assistant Corporation Counsel Attorney for Defendants Dated: New York, New York March 31, 2021 Dockets.Justia.com EXHIBIT B EEOC Form 5 (11/09) CHARGE OF D ISCRIMINATION Charge Present ed To: Agency(ies) Charge No(s): FEPA This form is affect ed by t he Privacy Act of 1974. See enclosed Privacy Act St at em ent and ot her inform at ion before com plet ing t his form . X EEOC N EW YORK STA TE D IV ISION OF H UM A N RIGH TS and EEOC St at e or local Agency, if any Nam e (indicat e Mr., Ms., Mrs.) Hom e Phone Year of Birt h M X . N ICH OLA S " OLA S" CA RA YA N N IS St reet Address Cit y, St at e and ZIP Code Nam ed is t he Em ployer, Labor Organizat ion, Em ploym ent Agency, Apprent iceship Com m it t ee, or St at e or Local Governm ent Agency That I Believe Discrim inat ed Against Me or Ot hers. ( If m ore t han t wo, list under PARTICULARS below. ) Nam e No. Em ployees, Mem bers N YC CIV ILIA N COM PLA IN T REV IEW BOA RD St reet Address Phone No. 15 - 100 Cit y, St at e and ZIP Code 1 0 0 CH URCH STREET, 1 0 TH FLOOR, N YC, N Y 1 0 0 0 7 Nam e St reet Address No. Em ployees, Mem bers Phone No. Cit y, St at e and ZIP Code DISCRIMINATION BASED ON (Check appropriat e box(es).) I want t his charge filed wit h bot h t he EEOC and t he St at e or local Agency, if any. I will advise t he agencies if I change m y address or phone num ber and I w ill cooperat e fully wit h t hem in t he processing of m y charge in accordance w it h t heir procedures. I declare under penalt y of perjury t hat t he above is t rue and correct . DATE(S) DISCRIMINATION TOOK PLACE NOTARY – When necessary for St at e and Local Agency Requirem ent s I swear or affirm t hat I have read t he above charge and t hat it is t rue t o t he best of m y knowledge, inform at ion and belief. SIGNATURE OF COMPLAINANT D i g i t a l l y si g n e d b y N i ch o l a s " o l a s" Ca r a y a n n i s o n 0 1 0 8 -2 0 2 1 0 2 : 0 0 PM EST SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE ( m ont h, day, year ) EEOC Form 5 (11/09) CHARGE OF D ISCRIMINATION Charge Present ed To: Agency(ies) Charge No(s): FEPA This form is affect ed by t he Privacy Act of 1974. See enclosed Privacy Act St at em ent and ot her inform at ion before com plet ing t his form . X EEOC N EW YORK STA TE D IV ISION OF H UM A N RIGH TS and EEOC St at e or local Agency, if any I want t his charge filed wit h bot h t he EEOC and t he St at e or local Agency, if any. I will advise t he agencies if I change m y address or phone num ber and I w ill cooperat e fully wit h t hem in t he processing of m y charge in accordance w it h t heir procedures. I declare under penalt y of perjury t hat t he above is t rue and correct . NOTARY – When necessary for St at e and Local Agency Requirem ent s I swear or affirm t hat I have read t he above charge and t hat it is t rue t o t he best of m y knowledge, inform at ion and belief. SIGNATURE OF COMPLAINANT D i g i t a l l y si g n e d b y N i ch o l a s " o l a s" Ca r a y a n n i s o n 0 1 0 8 -2 0 2 1 0 2 : 0 0 PM EST SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE ( m ont h, day, year ) EEOC Form 5 (11/09) CHARGE OF D ISCRIMINATION Charge Present ed To: Agency(ies) Charge No(s): FEPA This form is affect ed by t he Privacy Act of 1974. See enclosed Privacy Act St at em ent and ot her inform at ion before com plet ing t his form . X EEOC N EW YORK STA TE D IV ISION OF H UM A N RIGH TS and EEOC St at e or local Agency, if any I want t his charge filed wit h bot h t he EEOC and t he St at e or local Agency, if any. I will advise t he agencies if I change m y address or phone num ber and I w ill cooperat e fully wit h t hem in t he processing of m y charge in accordance w it h t heir procedures. I declare under penalt y of perjury t hat t he above is t rue and correct . NOTARY – When necessary for St at e and Local Agency Requirem ent s I swear or affirm t hat I have read t he above charge and t hat it is t rue t o t he best of m y knowledge, inform at ion and belief. SIGNATURE OF COMPLAINANT D i g i t a l l y si g n e d b y N i ch o l a s " o l a s" Ca r a y a n n i s o n 0 1 0 8 -2 0 2 1 0 2 : 0 0 PM EST SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE ( m ont h, day, year ) CP Enclosure wit h EEOC Form 5 (11/09) P RIV A CY A CT S TA TEM EN T : Under t he Privacy Act of 1974, Pub. Law 93-579, aut horit y t o request personal dat a and it s uses are: 1. F ORM N UM BER /T ITLE/D A TE. EEOC Form 5, Charge of Discrim inat ion (11/09). 2. A UTH ORITY . 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 2000ff-6. 3 . P RIN CIPA L P URPOSES . The purposes of a charge, t aken on t his form or ot herwise reduced t o writ ing (whet her lat er recorded on t his form or not ) are, as applicable under t he EEOC ant i-discrim inat ion st at ut es (EEOC st at ut es), t o preserve privat e suit right s under t he EEOC st at ut es, t o invoke t he EEOC's jurisdict ion and, where dualfiling or referral arrangem ent s exist , t o begin st at e or local proceedings. 4 . R OUTIN E U SES . This form is used t o provide fact s t hat m ay est ablish t he exist ence of m at t ers covered by t he EEOC st at ut es (and as applicable, ot her federal, st at e or local laws). Inform at ion given will be used by st aff t o guide it s m ediat ion and invest igat ion effort s and, as applicable, t o det erm ine, conciliat e and lit igat e claim s of unlawful discrim inat ion. This form m ay be present ed t o or disclosed t o ot her federal, st at e or local agencies as appropriat e or necessary in carrying out EEOC's funct ions. A copy of t his charge will ordinarily be sent t o t he respondent organizat ion against which t he charge is m ade. 5 . W H ETH ER D ISCLOSURE IS M A N D A TORY ; EFFECT OF N OT G IV IN G I N FORM A TION . Charges m ust be reduced t o writ ing and should ident ify t he charging and responding part ies and t he act ions or policies com plained of. Wit hout a writ t en charge, EEOC will ordinarily not act on t he com plaint . Charges under Tit le VII, t he ADA or GINA m ust be sworn t o or affirm ed (eit her by using t his form or by present ing a not arized st at em ent or unsworn declarat ion under penalt y of perjury); charges under t he ADEA should ordinarily be signed. Charges m ay be clarified or am plified lat er by am endm ent . It is not m andat ory t hat t his form be used t o m ake a charge. N OTICE OF R IGH T TO R EQUEST S UBSTA N TIA L W EIGH T R EV IEW Charges filed at a st at e or local Fair Em ploym ent Pract ices Agency (FEPA) t hat dualfiles charges wit h EEOC will ordinarily be handled first by t he FEPA. Som e charges filed at EEOC m ay also be first handled by a FEPA under worksharing agreem ent s. You will be t old which agency will handle your charge. When t he FEPA is t he first t o handle t he charge, it will not ify you of it s final resolut ion of t he m at t er. Then, if you wish EEOC t o give Subst ant ial Weight Review t o t he FEPA's final findings, you m ust ask us in writ ing t o do so wit hin 15 days of your receipt of it s findings. Ot herwise, we will ordinarily adopt t he FEPA's finding and close our file on t he charge. N OTICE OF N ON -R ETA LIA TION R EQUIREM EN TS Please n o t i f y EEOC or t he st at e or local agency where you filed your charge i f r e t a l i a t i o n i s t a k e n a g a i n st y o u o r o t h e r s who oppose discrim inat ion or cooperat e in any invest igat ion or lawsuit concerning t his charge. Under Sect ion 704(a) of Tit le VII, Sect ion 4(d) of t he ADEA, Sect ion 503(a) of t he ADA and Sect ion 207(f) of GINA, it is unlawful for an em ployer t o discrim inat e against present or form er em ployees or job applicant s, for an em ploym ent agency t o discrim inat e against anyone, or for a union t o discrim inat e against it s m em bers or m em bership applicant s, because t hey have opposed any pract ice m ade unlawful by t he st at ut es, or because t hey have m ade a charge, t est ified, assist ed, or part icipat ed in any m anner in an invest igat ion, proceeding, or hearing under t he laws. The Equal Pay Act has sim ilar provisions and Sect ion 503(b) of t he ADA prohibit s coercion, int im idat ion, t hreat s or int erference wit h anyone for exercising or enjoying, or aiding or encouraging ot hers in t heir exercise or enjoym ent of, right s under t he Act .
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