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Hillstone time out nyc12/24/2023 ¶¶ 9(b), (d).) The Complaint identifies one individual as the “charging party” (Id. The parties did so, and neither party asked for additional briefing. 38-39.) At a conference held on August 9, 2023, the Court heard argument, informed the parties that it planned to decide the motion without further briefing, and invited the parties to say anything they had left to say on the matter. 1 ¶ 9(a).) In particular, the Complaint alleges that Hillstone has engaged in a pattern-orpractice of discrimination based on age, that Hillstone’s senior management instructed their managers to hire younger applicants, and that senior management rejected 1 The parties preliminarily briefed the issue in pre-conference letters. The Complaint alleges that Hillstone has intentionally discriminated against older persons who applied for front-ofhouse-positions at two of Hillstone’s restaurants located in New York City. 1 Background The EEOC commenced the action on April 14, 2022. (“Hillstone”) under Section 4 of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. This order addresses the parties’ dispute concerning bifurcation of both discovery and trial of this enforcement action filed by the Equal Employment Opportunity Commission (“EEOC”) against Hillstone Restaurant Group, Inc. LEHRBURGER, United States Magistrate Judge. 42 22-CV-3108 (JLR) (RWL) DECISION AND ORDER: BIFURCATION ROBERT W. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -X EQUAL EMPLOYMENT OPPORTUNITY : COMMISSION, : : Plaintiff, : : - against : : HILLSTONE RESTAURANT GROUP, INC., : : Defendant. Equal Employment Opportunity Commission v.
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