U.S.

Department of Justice

United States Attorney Southern District of New York

86 Chambers Street, Third Floor Ne,,· Fork, Neu: YarA, ] 0007

December 29,2010

BY ]"EDERAL EXPRESS AND FIRST CLASS MAIL

Ricardo Jones 33 Regis Drive

Staten Island, New York 1 0314

Re: Jones v Berrien, et al., lOCi v . 9130 (PAC) OLC)

Dear Mr. Jones:

1 am an Assistant United States Attorney in the Southern District or ew York, and 1 am writing in response to the complaint that you filed in the above-referenced matter. Please note that the Defendants reserve all of their rights, and this letter docs not waive any rights with respect to this matter.

First, your complaint violates Section 706(b) of Title VII, which provides for informal endeavors such as conei liation upon a finding of reasonable cause and states as follows:

Nothing said or done during and as a part of such informed endeavors may he made public by the Commission its officers or employees or used as evidence in a subsequent proceeding without the written consent of the persons concerned. Any person who makes public information in violation of this subsection shall be fined not more than $1 000 or imprisoned for not more than one year, or both.

42 US.c. § 2000e-5. Specifically, paragraphs 26, 33, 34, 37, 38, 43-49, 53, 57-67, 69, 71 75, and 82 of your complaint violate this provision because they disclose details regarding inform a 1 and confidential proceedings in which the Commission participated. The agency decision that you attached as Exhibit A also contains multiple instances of information covered by Section 706(b). Additionally, the complaint discloses information about settlement amounts in paragraphs 25, 27 35 37,50-52,54-56 and 66; on information and belief, such disclosure violates the confidentiality provisions of these settlements. Further, these paragraphs violate Section 709(e) of Title VII, which prohibits disclosure "in any manner whatever" of any information obtained by the Commission in connection with any investigation of a charge of discrimination filed under § 2000c.-S.

Accordingly, we request that you withdraw this complaint from the record and file a nev one usinz onlv charue numbers to identify the relevant matters. without attaching Exhibit A, ane

without including any confidential settlement information. We request that you do so by January 10, 2011. If you choose not to withdraw the current complaint, the Defendants will take appropriate action to protect the confidentiality of the information contained therein. Please note that regardless of whether you withdraw this complaint, Defendants and the United States of America reserve all rights to take any appropriate action - either civil or criminal - against you for violating the provisions of Section 706(b).

Second, your complaint is untimely .. Section 717 of Title VII provides that a civil action may be filed [wjithin 90 days ofreceipt of notice of final action." 42 U.S.c. § 2000e-16(c).

The Office or Equal Opportunity of the United States Equal Employment Opportunity Commission (the "EEOC") issued a Final Decision on your EEO complaint on September 1 2010. See Complaint, Exhibit A. The cover letter accompanying the Final Decision states "[pjlease note that there arc time limits for filing an appeal, if you should decide to do so.' You received the Final Decision on September 4,2010. See Exhibit A (delivery confirmation form). Your 90-day period thus concluded on December 3, 2010. However, you filed your complaint in this action on December 7 2010. See Exhibit H (docket sheet).

Third, your complaint improperly names defendants beyond the Chairperson of the EEOC. Section 717 states that in a civil action, "the head ofthe department, agency, or unit, as appropriate, shall be the defendant." However, you named as defendants multiple individuals beyond the head of the agency.

Four! h, you have not properly served your complaint. Federal Rule of Civil Procedure 4(i) requires that a complaint against the United States and its employees must be properly served on the United States Attorney's office for the district where the action is filed and on the Attorney General as well as on the relevant agency.

The Defendants wil I take appropriate action in light of the above, and, to rei terate, reserve all rights and defenses in connection with this matter.

Ellen T .ondon

Assistant United States Attorney

2

• Complete ltems 1, 2,end 3 .. Also complete Item 4 II Restricted Delivery Is desired.

• Print your name and address on the reverse :>0 thai we con return tho card 10 you.

• Attach this card to the back of the mall piece. · or on the front If space permits.

1. MJcle Addnl3Sed \0:

2. ArtIcle Number

(Tf8Ilsfer from servtc« (Bb6~

PS Form 3811, February 2004

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SDNY CM/ECF Version 4.1.1

Page I of3

CAS REF, PRO-SE

U.S. District Court

Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #; 1;10-cv-09130-PAC -JLC

Jones v. Berrien et al

Assigned to: Judge Paul A Crotty

Referred to: Magistrate Judge James L. Cott Cause: 42: 1983 Civil Rights Act

Plaintiff

Ricardo Jones

Date Filed: 12/07/2010 Jury Demand: Plaintiff

Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

represented by Ricardo Jones 33 Regis Drive

Staten Island, NY 10314 9178030583

PROSE

v.

Defendant

Jacqueline A. Berrien

in her offical and individual capacity

Defendant

Stuart J. Ishimaru

in his official and individual capacity

Defendant Spencer Lewis

in his official and individual capacity

Defendant

Kevin J. Berry

in his official and individual capacity

Defendant Louis Graziano

in his official and individual capacity

Defendant

Ricardo Cuevas

in his official and individual caparity

Defendant

Nancy Boyd

in her official and individual capacity

https:llecf.nysd.uscourts.gov/cgi-binlDktRpt.pl?68323 7147622722- L _674 __ 0-1

12/28/2010

:DNY CM/ECF Version 4.1.1

Page L or j

Defendant Rosemary Wilkes

in her official and individual capacity

Defendant Electra Y ourke

in her official and individual capacity

Defendant

Lisa Sirkin

in her official and individual capacity

Defendant

Elizabeth Grossman

in official and individual capacity

Defendant Nicholas Inzeo

in his official and individual capacity

Defendant Joann Riggs

in her official and individual capacity

Defendant Levi Marrow

in his official and individual capacity

I Date Filed # . Docket Text I
12/07/2010 1 COMPLAlNT against Jacqueline A. Berrien, Kevin J. Berry, Nancy Boyd,
Ricardo Cuevas, Louis Graziano, Elizabeth Grossman, Nicholas Inzeo, Stuart J.
lshimaru, Spencer Lewis, Levi Marrow, Joann Riggs, Lisa Sirkin, Rosemary
Wilkes, Electra Yourke. (Filing Fee $ 350.00, Receipt Number 922888) I
I Document filed by Ricardo Jones.(rdz) (Entered: 12/08/2010)
12/07/2010 SUMMONS ISSUED as to Jacqueline A. Berrien, Kevin J. Berry, Nancy Boyd,
Ricardo Cuevas, Louis Graziano, Elizabeth Grossman, Nicholas Inzeo, Stuart J.
, lshimaru, Spencer Lewis, Levi Marrow, Joann R.iggs, Lisa Sirkin, Rosemary
Wilkes, Electra Y ourke. (rdz) (Entered: 12/08/20 I 0)
12/07/2010 Magistrate Judge James L. Cott is so designated. (rdz) (Entered: 12/0812010)
12/10/2010 2 ORDER REFERRING CASE TO MAGISTRA IE ruDGE. Order that case be
referred to the Clerk of Court for assignment to a Magistrate Judge for
Dispositive Motion (i.e., motion requiring a Report and Recommendation) and
General Pretrial (includes scheduling, discovery, non-dispositive pretrial
motions, and settlement). Referred to Magistrate Judge James L. Cott. (Signed
by Judge Paul A. Crotty on 1211 0110) Copies Mailed By Chambers. (rjm) https:llecf.nysd.uscourts.gov/cgi-binlDktRpt.pl?683237147622722- L _674_0-1

12/28/201

SDNY CMlECF Version 4.1.]

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I (Entered: 12/10/2010)

-"--'---. -----.-~---- .. -. ~_-------.---

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I PACER Service Center I
I Transaction Receipt I

I L2/28120 1 0 13:52:36 I
PACER /ldU7130 IIClient Code: I
Login:
Descrtprion: l/Docket II~e~ll-Ch 1\.1: I O-cv-09130-PAC -
Report Criteria: JLC
IBillable Pages:I!2 IICost: IIO.J6 I https:llecf.nysd_uscourts.gov!cgi-binJDktRpt.pl?68323 714 7622722-L _ 674 _ 0-1

12/28/2010

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