7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 1/30
ric Sanders
From:
Sent:
hursday, November 19, 2015 9:05 AM
Subject:
ct iv ity in Case 1:15-cv-09085 v. D Arr igo Bros C o. of New York Inc. et al Co mplaint
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to
this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits
attorneys of record and parties in a case including pro se litigants) to receive one free electronic copy o
all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fee
apply to all other users. To avoid later charges, download a copy of each document during this first
viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not
apply.
U.S. District Court
Southern District of New York
Notice of Electronic Filing
The following transaction was entered by Sanders, Eric on 11/19/2015 at 9:05 AM EST and filed on 11/19/201
Case Name:
. D Arrigo Bros Co. of New York Inc. et al
Case Number:
:15-cv-09085
Filer: illie J Mitchell
Document Number:
1
Docket Text:
COMPLAINT against Matthew D'Arrigo, Paul D'Arrigo, D'Arrigo Bros Co. of New York Inc.,
Hunts Point Cooperative Market, Inc., International Brotherhood of Teamsters, Daniel Kane, J
Stephen Katzman, Charles Machadio, Joseph Schneider, Leonardo Servedio, Teamsters Loca
Union No.: 202. (Filing Fee 400.00, Receipt Number 0208-11644866)Document filed by Willie
Mitchell.(Sanders, Eric)
1:15-cv-09085 Notice has been electronically mailed to:
Eric Sanders e
1:15-cv-09085 Notice has been delivered by other means to:
The following document(s) are associated with this transaction:
Document description Main
Document
Original filenam e lila
Electronic document Stamp:
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 2/30
[STAM P dcecfStamp_ID= 1008691343 [Date=11/19/2015] [FileNum ber=15635798
-01 [b4b1453d2eee2c967e546f2738fc5lfbc2918f872480e7fa5c181121feb959562
b4c57d047bb47d0270a f8029be91a6f416952083c67d33cfe4c17184623d633]]
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 3/30
UNITED STATES DISTRICT COURTSOUTHERN DISTRCT OF NEW YORK----------------------------------------------------------------------xWILLIE J. MITCHELL
Complaint
Plaintiff, Jury Trial Demand
-against-
D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAULD’ARRIGO, as President, JOSEPH SCHNEIDER, as HumanResources and Facilities Manager; INTERNATIONALBROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCALUNION No.: 202; DANIEL J. KANE, JR., as President;CHARLES MACHADIO, as Vice President; LEONARDO
SERVEDIO, as Trustee; HUNTS POINT COOPERATIVEMARKET, INC.; MATTHEW D’ARRIGO, as Co-President;STEPHEN KATZMAN, as Co-President
Defendants’ ----------------------------------------------------------------------x
The plaintiff WILLIE J. MITCHELL by his attorney The Sanders Firm, P.C., for his
complaint against D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO; JOSEPH
SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS; TEAMSTERS
LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO; LEONARDO
SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO and
STEPHEN KATZMAN, respectfully set forth and allege that:
INTRODUCTION
This is an action for equitable relief and money damages on behalf of the plaintiff WILLIE
J. MITCHELL, (hereinafter referred to as “ plaintiff ”) who was and is being deprived of his rights as
a result of defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO;
JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO;
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 1 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 4/30
2
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO and STEPHEN KATZMAN’S race discrimination.
JURISDICTION AND VENUE
1. The jurisdiction of this Court is invoked pursuant to 18 U.S.C. § 1965, 28 U.S.C. §§
1331, 1343 and 2202 to secure protection of and to redress deprivation of rights secured by:
a. the Civil Rights Act of 1866, 42 U.S.C. § 1981, providing for the protection
of all person’s right to make and enforce contracts under the color of State
Law; and
b.
the Civil Rights of 1871, $2 U.S.C. § 1985, providing for the protection
against conspiracies to interfere with civil rights.
2.
The unlawful employment practices, violations of plaintiff’s civil rights complained
of herein were committed within the Southern District of New York.
3. The pendent jurisdiction of the federal district court is invoked with respect to the
plaintiff’s claims under New York State Executive Law § 296 and New York City Administrative
Code § 8-107, pursuant to 28 U.S.C. 1367, because the entire action before the court comprises one
constitutional and civil rights case, and the claims arise out of the same common nucleus of facts
and are such that the plaintiff would ordinarily be expected to try them in one judicial proceeding.
PROCEDURAL REQUIREMENTS
4. Plaintiff has filed suit with this Court within the applicable statute of limitations
period.
5. Plaintiff is not required to exhaust any administrative procedures prior to suit under
the Civil Rights Act of 1866 or the Civil Rights Act of 1871.
PLAINTIFF
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 2 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 5/30
3
6. Plaintiff WILLIE J. MITCHELL is an African-American male citizen of the United
States of America, over twenty-one (21) years of age, a resident of Queens County and former
employee of defendant D’ARRIGO BROS. CO. OF NEW YORK, INC. (hereinafter referred to as
“D’ARRIGO”).
DEFENDANTS’
7. Defendant D’ARRIGO is a full line wholesale produce distribution enterprise,
organized and existing under and by virtue of the law of the State of New York, and at all relevant
times plaintiff’s employer .
8.
Defendant PAUL D’ARRIGO, as President, D’ARRIGO BROS. CO. OF NEW
YORK, INC.
9.
Defendant JOSEPH SCHNEIDER, as Human Resources and Facilities Manager,
D”ARRIGO BROS. CO. OF NEW YORK, INC.
10. Defendant INTERNATIONAL BROTHERHOOD OF TEAMSTERS established
in 1903, is an organized labor union which operates as a governing authority over three hundred
fifty-eight local chapters in the United States including Local No.: 202 and at all relevant times
plaintiff’s employer.
11. Defendant TEAMSTERS LOCAL UNION No.: 202, is an organized labor union
which represents produce purveyors, fresh & frozen fruits and vegetables, processed fish drivers,
helpers, salesman and warehousemen employees working in the Hunts Point Terminal Market
and is affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS and at all
relevant times plaintiff’s employer.
12. Defendant DANIEL J. KANE, JR., as President, TEAMSTERS LOCAL UNION
No.: 202.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 3 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 6/30
4
13. Defendant CHARLES MACHADIO, as Vice President, TEAMSTERS LOCAL
UNION No.: 202.
14. Defendant LEONARDO SERVEDIO, as Trustee, TEAMSTERS LOCAL
UNION No.: 202.
15. Defendant HUNTS POINT COOPERATIVE MARKET, INC., operates the
Hunts Point Market, organized and existing under and by virtue of the law of the State of New
York and at all times plaintiff’s employer.
16. Defendant MATTHEW D’ARRIGO, as Co-President, HUNTS POINT
COOPERATIVE MARKET, INC.
17. Defendant STEPHEN KATZMAN, as Co-President, HUNTS POINT
COOPERATIVE MARKET, INC.
BACKGROUND
18. Plaintiff alleges in June 1980 he began working as a Porter, “off the books” in the
Hunts Point Market. He later began working as a “Lumper.”
19.
Plaintiff alleges between June 1980 and June 1988, he continued working as a
“Lumper” for several member organizations of defendant HUNTS POINT COOPERATIVE
MARKET, INC., including defendant D’ARRIGO.
20. Plaintiff alleges between June 1988 and February 1997, he began working
exclusively “off the books” for defendant D’ARRIGO continuing “Lumping” and other forms of
employment.
21. Plaintiff alleges in February 1997, he began working on the books for defendant
D’ARRIGO as a porter/unloader/order picker.
22. Plaintiff alleges since June 1980 to this day, defendant HUNTS POINT
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 4 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 7/30
5
COOPERATIVE MARKET, INC., its member organizations such as defendant D’ARRIGO and
their agents have condoned, encouraged or acquiesced a shadow market of minority males
particularly African-Americans to become employed pr imarily as “Lumpers” and other forms of
“off the books” employment for the financial benefit of its member organizations to the
detriment of the workers.
23. Plaintiff alleges “Lumpers” consist of primarily minority males particularly
African-Americans who simply gain entry onto the Hunts Point Market property and offer
member organizations such as defendant D’ARRIGO to unload railcars, trucks and other forms
of conveyances for wages.
24. Plaintiff alleges Caucasian males do not generally “Lump” member organizations
simply hire them as employees with all pay, benefits and pension rights.
25. Plaintiff alleges to fraudulently conceal the wages, which intentionally precluded
minority males particularly African-Americans from securing the same pay, benefits and pension
rights as Caucasian male employees, member organizations such as D’ARRIGO would give
workers a written voucher form for a sum certain marked “Miscellaneous.” The worker s would
then turn in the written voucher form and receive United States Currency in return. The workers
were not allowed to keep a copy of the written voucher form.
26. Plaintiff alleges him and other minority males particularly African-Americans
were paid less wages than Caucasian male employees.
27. Plaintiff alleges since June 1980 to this day, defendants’ INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR.; CHARLES MACHADIO and LEONARDO SERVEDIO, were aware defendants’
HUNTS POINT COOPERATIVE MARKET, INC., MATTHEW D’ARRIGO; STEPHEN
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 5 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 8/30
6
KATZMAN, its member organizations such as defendant D’ARRIGO and their agents were
engaging in the aforementioned conduct as indicated in Paragraphs 9 through 26, but, have
conspired, condoned, encouraged and acquiesced for the financial benefit of defendants’ HUNTS
POINT COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN;
INTERNATIONAL BROTHERHOOD OF TEAMSTERS; TEAMSTER LOCAL UNION No.:
202; DANIEL J. KANE, JR.; CHARLES MACHADIO and LEONARDO SERVEDIO to the
detriment of minority males particularly African-Americans.
28. Plaintiff alleges since June 1980, until August 22, 2015, he rarely complained
about race discrimination in the workplace because over the years, he has seen many minority
males particularly African-American males terminated for simply asserting their legal rights.
29.
Plaintiff alleges since June 1980 to this day, defendants’ D’ARRIGO; PAUL
D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents have a long history of
performing flawed and unfair investigations, grievance meetings and arbitration hearings
whenever minority male employees particularly African-Americans complain about “Lumping,”
lack of employment, unfair wages, lack of promotional opportunities, unfair discipline and other
related complaints of race discrimination in the workplace.
30. Plaintiff alleges since June 1980 to this day, defendants’ D’ARRIGO; PAUL
D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 6 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 9/30
7
MATTHEW D’ARRIGO;STEPHEN KATZMAN and their agents fostered a racially hostile
workplace.
31. Plaintiff alleges since June 1980 to this day, defendants’ D’ARRIGO and PAUL
D’ARRIGO and their agents would further create a racially hostile work environment by
artificially driving up the produce prices for minority customers then causing him and other
minority employees to handle the irate customers.
32. Plaintiff alleges since June 1980 to this day, defendant D’ARRIGO and PAUL
D’ARRIGO and their agents charge African-Americans, Dominicans’, Mexicans, and Puerto
Rican clients the highest produce prices.
33. Plaintiff alleges since June 1980 to this day, defendant D’ARRIGO and PAUL
D’ARRIGO and their agents charge Turkish clients the send highest produce prices.
34. Plaintiff alleges since June 1980 to this day, defendant D’ARRIGO and PAUL
D’ARRIGO and their agents charge Asian clients the third highest produce prices.
35. Plaintiff alleges since June 1980 to this day, defendant D’ARRIGO and PAUL
D’ARRIGO and their agents charge Caucasian clients the fourth highest produce prices.
36. Plaintiff alleges since June 1980 to this day, defendant D’ARRIGO and PAUL
D’ARRIGO and their agents charge Jewish clients the lowest produce prices.
37. Plaintiff alleges since June 1980 to this day, defendant D’ARRIGO and PAUL
D’ARRIGO and their agents sell spoiled produce to minority clients using elaborate “Bait and
Switch” schemes.
38. Plaintiff alleges since June 1980 to this day, minority clients who are aware of
defendant D’ARRIGO, PAUL D’ARRIGO and their agents business practices used Jewish
buyers to gain more favorable quality and favorable produce prices.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 7 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 10/30
8
39. Plaintiff alleges since June 1980 until August 22, 2015, defendants’ D’ARRIGO;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents knew minority males
particularly African-Americans were being unfairly treated as indicated in Paragraph No.: 29.
40. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents knew throughout the Hunts
Point Market, member organizations and their agents applied systematic “Black Codes.”
41. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents knew throughout the Hunts
Point Market, member organizations and their agents were falsely accusing minority males
particularly African-Americans with workplace violations (“Black Codes”) where there were
none.
42. Plaintiff alleges since June 1980 until August 22, 2015, defendants’
D’ARRIGO; PAUL D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 8 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 11/30
9
KANE, JR., CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN and their
agents knew Caucasian male employees’ were treated more favorably, rarely disciplined or
terminated even if workplace rules were violated.
43. Plaintiff alleges in the rare event Caucasian males are terminated, with the
assistance of defendants’ INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES MACHADIO;
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO; STEPHEN KATZMAN and their agents, they are simply hired by another member
organization within the Hunts Point Market.
44. Plaintiff alleges since June 1980 until August 22, 2015, defendants’ D’ARRIGO;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents knew minority males
particularly African-Americans are belittled in the workplace subjected to racially offensive
jokes and lack of employment opportunities.
45. Plaintiff alleges defendant JOSEPH SCHNEIDER encouraged defendant
D’ARRIGO managers, supervisors and their agents to “write up Blacks for anything so we can
get rid of them.”
46. Plaintiff alleges defendant D’ARRIGO managers, supervisors and their agents
made racially offensive comments whenever African-American males would interact with each
other, such as: “If y’all want to meet, go to 125th Street in Harlem or this isn’t 125th Street.”
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 9 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 12/30
10
47. Plaintiff alleges defendant D’ARRIGO managers, supervisors and their agents
made racially offensive comments about others too including Mexicans, such as: “Why are you
Mexicans here? I know you are a ‘Wetback’ because I can see the water still dripping from your
ears.”
48. Plaintiff alleges on September 18, 2014, defendants’ D’ARRIGO; PAUL
D’ARRIGO; JOSEPH SCHNEIDER and their agents, using “Black Codes” falsely accused him
of “stealing time.”
49. Plaintiff was actually assisting a Dominican male client who was irate because
defendants’ D’ARRIGO; PAUL D’ARRIGO and their agents sold him spoiled produce in
another “Bait and Switch” scheme.
50. Plaintiff alleges this same customer complained to defendant D’ARRIGO and its
agents about this spoiled produce on a prior occasion but, instead of giving this gentleman fresh
produce, an agent of defendant D’ARRIGO and PAUL D’ARRIGO simply concealed the boxes
in the shipment, returning the same spoiled produce.
51.
Plaintiff alleges he filed a grievance with defendants’ D’ARRIGO; PAUL
D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO and STEPHEN KATZMAN.
52. Plaintiff alleges approximately three (3) weeks later, a grievance meeting was
held with defendants’ D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR., CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 10 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 13/30
11
COOPERATIVE MARKET, INC., and two (2) board members of the cooperative.
53. Plaintiff alleges defendants’ D’ARRIGO and JOSEPH SCHNEIDER “admitted”
there was no company rule establishing time allotted to interacting with a client.
54. Plaintiff alleges during the meeting, he complained Black employees are not
being treated fairly.
55. Plaintiff alleges defendants’ D’ARRIGO and JOSEPH SCHNEIDER became
visibly upset.
56. Plaintiff alleges one of defendant HUNTS POINT COOPERATIVE MARKET,
INC.’S board members said “This is not the place for that.”
57. Plaintiff alleges defendant CHARLES MACHADIO said “You shouldn’t be
worrying about that, you need to worry about what gets you fired.”
58. Plaintiff alleges defendant LEONARDO SERVEDIO said “There was no
company rule violated. There is no wrongdoing on his part and punishment is not warranted.”
59. Plaintiff alleges defendant LEONARDO SERVEDIO then said “Let’s make a
deal. These three (3) weeks should be considered time served without pay and let’s move
forward.”
60. Plaintiff alleges he was completely shocked.
61. Plaintiff alleges defendants’ I NTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES
MACHADIO and LEONARDO SERVEDIO told him “that’s the best thing for him to do.”
62. Plaintiff alleges feeling no support, under threat of termination, he reluctantly
signed a “Last Chance Agreement.”
63. Plaintiff alleges the “Last Chance Agreement” was not fully explained to him by
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 11 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 14/30
12
defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO; JOSEPH
SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS; TEAMSTERS
LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO; LEONARDO
SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO;
STEPHEN KATZMAN or their agents.
64. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO and STEPHEN KATZMAN never addressed his complaints of race
discrimination in the workplace.
65. Plaintiff alleges shortly thereafter, defendants’ D’ARRIGO; PAUL D’ARRIGO;
JOSEPH SCHNEIDER and their agents began to closely scrutinize his actions in the workplace.
66. Plaintiff alleges on June 11, 2015, Lieutenant White, of the New York City
Business Integrity Commission falsely arrested him, accusing him of urinating in public. He was
issued a criminal court summons.
67. Plaintiff alleges defendants’ D’ARRIGO; PAUL D’ARRIGO and their agents
told him to leave the premise.
68. Plaintiff alleges defendants’ D’ARRIGO; PAUL D’ARRIGO and JOSEPH
SCHNEIDER informed him that he breached the “Last Chance Agreement” signed on October
14, 2014 and he was going to be terminated.
69. Plaintiff alleges the next day, he filed a grievance with defendants’ D’ARRIGO;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; I NTERNATIONAL BROTHERHOOD OF
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 12 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 15/30
13
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO and STEPHEN KATZMAN.
70. Plaintiff alleges defendant LEONARDO SERVEDIO said “There was no
company rule violated. There is no wrongdoing on his part and punishment is not warranted.”
71. Plaintiff alleges there was a suggestion to let this matter to be adjudicated in
Court.
72. Plaintiff alleges defendant LEONARDO SERVEDIO then said “He had a
conversation with the company’s lawyer and they agreed to a thirty (30) day suspension without
pay.”
73.
Plaintiff alleges he was completely shocked.
74. Plaintiff defendants’ I NTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR., CHARLES MACHADIO
and LEONARDO SERVEDIO told him “that’s the best thing for him to do.”
75.
Plaintiff alleges feeling no support, under threat of termination, he reluctantly
signed another “Last Chance Agreement.”
76. Plaintiff alleges the “Last Chance Agreement” was not fully explained to him by
defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARR IGO; JOSEPH
SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS; TEAMSTERS
LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO; LEONARDO
SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO;
STEPHEN KATZMAN or their agents.
77. Plaintiff alleges shortly thereafter, defendants’ D’ARRIGO; PAUL D’ARRIGO;
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 13 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 16/30
14
JOSEPH SCHNEIDER and their agents began to really scrutinize his actions in the workplace.
78. Plaintiff alleges on July 30, 2015, defendants’ D’ARRIGO; PAUL D’ARRIGO;
JOSEPH SCHNEIDER and their agents, using “Black Codes” falsely accused him of “stealing
time” while traveling back to his work location, he stopped for 2.5 minutes in the parking lot to
place some fruit in his vehicle.
79. Plaintiff alleges on August 22, 2015, defendants’ D’ARRIGO; PAUL
D’ARRIGO and JOSEPH SCHNEIDER sent him a certified letter of termination for allegedly
violating the Last Chance Agreement.”
80.
Plaintiff alleges on September 9, 2015, he complained to defendants’
INTERNATIONAL BROTHERHOOD OF TEAMSTERS about the lack of fair representation
due to race discrimination and they referred his complaints to defendants’ TEAMSTER LOCAL
UNION No.: 202; DANIEL J. KANE, JR., CHARLES MACHADIO and LEONARDO
SERVEIDO.
81. Plaintiff alleges on September 28, 2015, defendants’ INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR., CHARLES MACHADIO and LEONARDO SERVEDIO essentially blamed him for
his own termination, failing to address his complaints of race discrimination.
82. Plaintiff alleges on October 1, 2015, Judicial Hearing Officer R. Tolchin,
Criminal Court of the City of New York, County of Bronx acquitted him of allegedly urinating
in public after finding the police witness “incredible.”
83. Plaintiff alleges after being initially denied unemployment benefits, on November
4, 2015, Administrative Law Judge Viren Pergadia ruled, his job was ended for “non-
disqualifying reasons” and overruled the denial of unemployment benefits.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 14 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 17/30
15
VIOLATIONS AND CLAIMS ALLEGED
COUNT I
RACE DISCRIMINATION
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1866, 42 U.S.C. § 1981
84. Plaintiff re-alleges Paragraphs 1 through 83 and incorporates them by reference as
Paragraphs 1 through 83 of Count I of this Complaint.
85. Plaintiff alleges the aforesaid discriminatory acts and omissions of defendants’
D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO; JOSEPH SCHNEIDER;
INTERNATIONAL BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.:
202; DANIEL J. KANE, JR.; CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS
POINT COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN
and their agents interfered with his right to enforce contracts under the color of state law because
of his race.
86. Plaintiff alleges the purpose of defendants’ D’ARRIGO BROS. CO. OF NEW
YORK, INC.; PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR.; CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN and their
agents in so acting was to prevent him, through economic and psychological intimidation, from
seeking the equal protection of the laws.
87.
Plaintiff alleges pursuant to their conduct, defendants’ D’ARRIGO BROS. CO.
OF NEW YORK, INC.; PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR.; CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 15 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 18/30
16
COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN and their
agents acted to deprive him of his civil rights, by repeated and insidious acts of harassment,
intimidation, bad faith and threats.
88. Plaintiff alleges that as a result of the aforesaid acts, depriving him of his civil
rights, he suffered mental anguish, loss of employment opportunities and pension rights.
COUNT II
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1866, 42 U.S.C. § 1981
89. Plaintiff re-alleges Paragraphs 1 through 88 and incorporates them by reference as
Paragraphs 1 through 88 of Count II of this Complaint.
90. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents engaged in various severe
and hostile actions against him as a result of his opposition to race discrimination.
91. Plaintiff alleges the purpose of defendants’ D’ARRIGO BROS. CO. OF NEW
YORK, INC.; PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR.; CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN and their
agents in so acting was to prevent him, through economic and psychological intimidation, from
seeking the equal protection of the laws.
92. Plaintiff alleges pursuant to their conduct, defendants’ D’ARRIGO BROS. CO.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 16 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 19/30
17
OF NEW YORK, I NC.; PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR.; CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN and their
agents acted to deprive him of his civil rights, by repeated and insidious acts of harassment,
intimidation, bad faith and threats.
93. Plaintiff alleges as a result of the aforesaid acts, depriving him of his civil rights,
he suffered mental anguish, loss of employment opportunities and pension rights.
COUNT IIIRETALIATION
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1866, 42 U.S.C. § 1981
94. Plaintiff re-alleges Paragraphs 1 through 93 and incorporates them by reference as
Paragraphs 1 through 93 of Count III of this Complaint.
95. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents engaged in various
retaliatory actions against him as a result of his opposition to race discrimination.
96.
Plaintiff alleges the purpose of defendants’ D’ARRIGO BROS. CO. OF NEW
YORK, INC.; PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR.; CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN and their
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 17 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 20/30
18
agents in so acting was to prevent him, through economic and psychological intimidation, from
seeking the equal protection of the laws.
97. Plaintiff alleges pursuant to their conduct, defendants’ D’ARRIGO BROS. CO.
OF NEW YORK, INC.; PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL
BROTHERHOOD OF TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J.
KANE, JR.; CHARLES MACHADIO; LEONARDO SERVEDIO; HUNTS POINT
COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO; STEPHEN KATZMAN and their
agents acted to deprive him of his civil rights, by repeated and insidious acts of harassment,
intimidation, bad faith and threats.
98. Plaintiff alleges as a result of the aforesaid acts, depriving him of his civil rights,
he suffered mental anguish, loss of employment opportunities and pension rights.
COUNT IV
CONSPIRACY
IN VIOLATION OF
THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. § 1985
99. Plaintiff re-alleges Paragraphs 1 through 98 and incorporates them by reference as
Paragraphs 1 through 98 of Count IV of this Complaint.
100. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents under color of law,
personally interfered with and deprived him of his constitutional rights due to his race.
101. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 18 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 21/30
19
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents under color of law either
acted in a concerted, malicious intentional pattern to further violate his constitutional rights or
knowing such constitutional violations was taking place, knowingly omitted to protect him.
102. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents acted in collusion with one
another for their economic and pecuniary gain to his detriment.
103. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents caused him to receive unfair
wages, unfair discipline, loss of employment opportunities and severely undervalued pension.
104. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents acting in collusion with one
with one another as indicated above, causing his employment to be terminated.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 19 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 22/30
20
105. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents caused him to sustain
damages to his reputation, financial interests, mental anguish and to incur significant legal
expenses.
COUNT V
RACE DISCRIMINATION
IN VIOLATION OFNEW YORK STATE EXECUTIVE LAW § 296
106. Plaintiff re-alleges Paragraphs 1 through 105 and incorporates them by reference
as Paragraphs 1 through 105 of Count V of this Complaint.
107. Plaintiff alleges New York State Executive Law § 296, makes it unlawful to
discriminate against any individual in the terms, conditions, or privileges of employment because
of their race.
108. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents discriminated against him
because of his race.
109.
Plaintiff alleges as a direct and proximate result of the unlawful employment
practices of defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO;
JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 20 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 23/30
21
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO;
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO; STEPHEN KATZMAN and their agents, he suffered the indignity of race
discrimination and great humiliation.
110. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents’ violations caused him
mental anguish, loss of employment opportunities and pension rights.
COUNT VI
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
111. Plaintiff re-alleges Paragraphs 1 through 110 and incorporates them by reference
as Paragraphs 1 through 110 of Count VI of this Complaint.
112. Plaintiff alleges New York State Executive Law § 296, makes it unlawful to
discriminate against any individual in the terms, conditions, or privileges of employment because
of their race.
113. Plaintiff alleges the law also makes it unlawful to create an atmosphere where
race discrimination and/or retaliation are encouraged and/or tolerated.
114.
Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 21 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 24/30
22
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents engaged in various hostile
actions against him as a result of his opposition to race discrimination in the workplace.
115. Plaintiff alleges as a direct and proximate result of the unlawful employment
practices of defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO;
JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO;
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO; STEPHEN KATZMAN and their agents, he suffered the indignity of race
discrimination and great humiliation.
116. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents’ violations caused him
mental anguish, loss of employment opportunities and pension rights.
COUNT VII
RETALIATION
IN VIOLATION OF
NEW YORK STATE EXECUTIVE LAW § 296
117. Plaintiff re-alleges Paragraphs 1 through 116 and incorporates them by reference
as Paragraphs 1 through 116 of Count VII of this Complaint.
118.
Plaintiff alleges New York State Executive Law § 296, makes it unlawful to
discriminate against any individual in the terms, conditions, or privileges of employment because
of their race.
119. Plaintiff alleges the law also makes it unlawful to create an atmosphere where
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 22 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 25/30
23
retaliation is encouraged and/or tolerated.
120. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents engaged in various
retaliatory actions against him as a result of his opposition to race discrimination in the
workplace.
121.
Plaintiff alleges as a direct and proximate result of the unlawful employment
practices of defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO;
JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO;
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO; STEPHEN KATZMAN and their agents, he suffered the indignity of race
discrimination and great humiliation.
122. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents’ violations caused him
mental anguish, loss of employment opportunities and pension rights.
COUNT VIII
RACE DISCRIMINATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 23 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 26/30
24
123. Plaintiff re-alleges Paragraphs 1 through 122 and incorporates them by reference
as Paragraphs 1 through 122 of Count VIII of this Complaint.
124.
Plaintiff alleges New York City Administrative Code § 8-107, makes it unlawful
to discriminate against any individual in the terms, conditions, or privileges of employment
because of their race.
125. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents discriminated against him
because of his race.
126. Plaintiff alleges as a direct and proximate result of the unlawful employment
practices of defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO;
JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO;
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO; STEPHEN KATZMAN and their agents, he suffered the indignity of race
discrimination and great humiliation.
127.
Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents’ violations caused him
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 24 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 27/30
25
mental anguish, loss of employment opportunities and pension rights.
COUNT IX
HOSTILE WORK ENVIRONMENT
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
128. Plaintiff re-alleges Paragraphs 1 through 127 and incorporates them by reference
as Paragraphs 1 through 127 of Count IX of this Complaint.
129. Plaintiff alleges New York City Administrative Code § 8-107, makes it unlawful
to discriminate against any individual in the terms, conditions, or privileges of employment
because of their race.
130.
Plaintiff alleges the law also makes it unlawful to create an atmosphere where
race discrimination and/or retaliation are encouraged and/or tolerated.
131. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents engaged in various hostile
actions against him as a result of his opposition to race discrimination in the workplace.
132. Plaintiff alleges as a direct and proximate result of the unlawful employment
practices of defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO;
JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO;
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO; STEPHEN KATZMAN and their agents, he suffered the indignity of race
discrimination and great humiliation.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 25 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 28/30
26
133. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents’ violations caused him
mental anguish, loss of employment opportunities and pension rights.
COUNT X
RETALIATION
IN VIOLATION OF
NEW YORK CITY ADMINISTRATIVE CODE § 8-107
134.
Plaintiff re-alleges Paragraphs 1 through 133 and incorporates them by reference
as Paragraphs 1 through 133 of Count X of this Complaint.
135. Plaintiff alleges New York City Administrative Code § 8-107, makes it unlawful
to discriminate against any individual in the terms, conditions, or privileges of employment
because of their race.
136. Plaintiff alleges the law also makes it unlawful to create an atmosphere where
retaliation is encouraged and/or tolerated.
137. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents engaged in various
retaliatory actions against him as a result of his opposition to race discrimination in the
workplace.
138. Plaintiff alleges as a direct and proximate result of the unlawful employment
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 26 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 29/30
27
practices of defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO;
JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS;
TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO;
LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW
D’ARRIGO; STEPHEN KATZMAN and their agents, he suffered the indignity of race
discrimination and great humiliation.
139. Plaintiff alleges defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.;
PAUL D’ARRIGO; JOSEPH SCHNEIDER; INTERNATIONAL BROTHERHOOD OF
TEAMSTERS; TEAMSTERS LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES
MACHADIO; LEONARDO SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.;
MATTHEW D’ARRIGO; STEPHEN KATZMAN and their agents’ violations caused him
mental anguish, loss of employment opportunities and pension rights.
JURY TRIAL
140. Plaintiff demands a trial by jury of all issues in this action that are so triable.
PRAYER FOR RELIEF
Wherefore, plaintiff demands compensatory and punitive damages from
defendants’ D’ARRIGO BROS. CO. OF NEW YORK, INC.; PAUL D’ARRIGO; JOSEPH
SCHNEIDER; INTERNATIONAL BROTHERHOOD OF TEAMSTERS; TEAMSTERS
LOCAL UNION No.: 202; DANIEL J. KANE, JR.; CHARLES MACHADIO; LEONARDO
SERVEDIO; HUNTS POINT COOPERATIVE MARKET, INC.; MATTHEW D’ARRIGO;
STEPHEN KATZMAN and their agents in the amount of $35 million dollars, plus any and all
available statutory remedies, both legal and equitable, and interests and costs.
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 27 of 28
7/21/2019 Willie J. Mitchell v. D'Arrigo Bros Co. of New York Inc. et al
http://slidepdf.com/reader/full/willie-j-mitchell-v-darrigo-bros-co-of-new-york-inc-et-al 30/30
Dated: November 19, 2015 New York, NY
Respectfully submitted,
By: __________s_______________Eric Sanders
Eric Sanders, Esq.
THE SANDERS FIRM, P.C.230 Park Avenue, Suite 1000 New York, NY 10169(212) 808-6515 (Business Telephone)(212) 729-3062 (Facsimile)
Website: http://www.thesandersfirmpc.com
Case 1:15-cv-09085 Document 1 Filed 11/19/15 Page 28 of 28