Court Grants Plaintiff’s Motion to Compel in Race Discrimination Case Against 643 Broadway Holdings LLC d/b/a Bleecker Kitchen & Co. and Joshua Berkowitz

On December 10, 2011, Michael S. Douglas, Jr. filed a race discrimination complaint in Manhattan Supreme Court against 643 Broadway Holdings LLC(d/b/a Bleecker Kitchen & Co.) and co-owner Joshua Berkowitz.   

The complaint alleges that Berkowitz racially harassed former Bleecker Kitchen & Co. restaurant manager Douglas during his employment with Bleecker.  The complaint further alleges that Berkowitz was not aware that Douglas, who is Filipino and African-American, was black, when Berkowitz, using coded words, counseled Mr. Douglas against hiring black servers.   

On March 2, 2016, the Honorable Eileen A. Rakower ordered Defendants to produce all of the hard copy and electronic documents sought in Plaintiff’s motion to compel, with the exception of documents related to Gold Bar or Defendants’ assets.

The Court further ordered Defendants to provide an affidavit from someone with knowledge of the search conducted concerning requests for which Defendants claim documents do not exist, or are not in Defendants', possession, custody, or control.

The Court’s Order is available here.

The case is Douglas v. 643 Broadway Holdings LLC d/b/a Bleecker Kitchen & Co. et al., Index No. 162179

Mr. Douglas is represented by Cyrus E. Dugger of the Dugger Law Firm, PLLC and James Halter and Asa Smith of Liddle & Robinson L.L.P.