Opinion
No. 01 Civ. 10864 (CBM)
April 16, 2002
MEMORANDUM OPINION AND ORDER
The court held a pre-trial conference in the above-captioned mailer this morning, the purpose of which was to discuss the status of the base and to set a schedule for discovery and trial.
At the pre-trial conference, defendants Jack Resnick Sons, Inc. ("Resnick") and Realty Advisory Board on Labor Relations, Inc. ("RAB") requested that the court stay this mailer pending the resolution of a related arbitration proceeding, which is scheduled to take place on May 9, 2002. Because Resnick and RAB did not file written motion papers, it is not entirely clear what their position is. They expressly are not seeking to compel arbitration, nor are they seeking to dismiss this case on the ground that the arbitration proceeding is, pursuant to the collective bargaining agreement, plaintiff's sole available recourse. Rather, Resnick RAB concede that it is an open question whether the result of the May 9 arbitration will have any preclusive effect on this litigation. Given this concession, it is not clear what purpose a stay would serve. To be sure, plaintiff might obtain through the arbitration all of the relief he realistically is seeking and thus decide to abandon this litigation. The court is not inclined, however, to delay discovery in this case based upon such speculation. Accordingly, defendants' request for a temporary stay is hereby DENIED. Defendants remain free, of course, to move at any time to dismiss or to compel arbitration based upon the arbitration clause in the collective bargaining agreement — so long as such motion is made in writing, with proper notice to opposing counsel, and otherwise in conformance with the Local Rules and Individual Practices of this court.
Defendant Local 94-94A-94B of the International Union of Operating Engineers ("the Union") suggested during the pre-trial conference that plaintiff's claims against it fail as a matter of law and that plaintiff should be sanctioned under Rule 11 for filing frivolous claims. Again, however, the Union has not moved to dismiss nor has it moved for sanctions, and there thus is nothing for the court to act upon at this juncture. It goes without saying that unless and until the Union successfully moves to dismiss the claims plaintiff has asserted against it, the Union will be required to participate in discovery.
Plaintiff indicated during the pre-trial conference that he may seek an order from the court enjoining the arbitration proceeding from taking place on May 9. Again plaintiff is entirely free to make such a request, so long as it is done in the context of a properly noticed motion filed in conformance with the Local Rules and Individual Practices of this court.
Lastly, the parties indicated during the pre-trial conference that plaintiff has not obtained a right-to-sue letter from the Equal Employment Opportunity Commission ("EEOC"). Obtaining such a right-to-sue letter is, of course, a statutory prerequisite to filing a Title VII lawsuit. The court is aware that the EEOC's Manhattan office was destroyed on September 11, 2001, and the court assumes that the agency's ability to investigate discrimination claims — especially those whose records were lost on September 11 — has been greatly hampered. The court is not inclined to believe, however, that the events of September 11 somehow relieve plaintiff from his statutory obligation to obtain a right-to-sue letter before bringing a Title VII action in federal court. Accordingly, it is not at all clear to the court that plaintiff's Title VII claims can proceed in this forum at this juncture in the first place. The court would welcome a motion from any of the defendants addressing this issue, but none has been filed to date.
The parties are hereby ORDERED TO APPEAR for a pre-trial conference at 11:00 a.m. on Tuesday, May 28, 2002 in Courtroom 26-A of the United States Courthouse at 500 Pearl Street. If no further motions have been filed in advance of the pre-trial conference, then the court will issue a discovery schedule and set a date for trial.