Caryl Leventhal v. The USDOJ in Federal Court

The Events	Justice Department Actions
October 25, 1999: Judge directs all parties to appear in Courthouse on December 8, 1999 for Pre-Trial Hearing. Prior to this, parties are to meet to discuss the nature and basis of claims and defenses, possible settlement and proposed discovery plan.	Justice Department Lawyers fail to comply with any of Judges orders.
December 6, 1999: Judge's clerk calls Caryl Leventhal's lawyer. Judge requests meeting be put off until December 15, 1999 due to the Judge having trial commitments.
December 8, 1999: AFFIRMATION IN SUPPORT OF PLAINTIFFS' APPLICATION FOR A CERTIFICATE OF DEFAULT FILED against Janet Reno and other defendants. Copy served to Hon. Mary Jo White, United States Attorney, Southern District of NY.	December 10, 1999: US Attorney's office leaves message with Caryl's attorney. They speak on December 13, 1999. Two weeks extra time is requested by US Attorney's office for a meeting to discuss the nature and basis of claims and defenses as ordered by Judge on October 25, 1999. Plaintiff consents to this request.
December 14, 1999: Asst. US Attorney sends US Judge a letter apologizing for delays and requests an adjournment of the initial pretrial conference from December 15, 1999 to on or after January 4, 2000.	December 17, 1999: Parties agree to meet with Judge on January 5, 2000.
January 3, 2000: Asstant US Attorney sends Caryl's lawyer a fax of his proposed Scheduling Order for such things as times of depositions and Statement of the Issues. This Order is to be reviewed, modified and upon agreement, submitted to the Federal Judge on January 5, 2000. NOTE: Caryl's husband Michael conducted a two year Pro Se battle in the Justice Department/INSEEO Administrative process to include three Bases: Discrimination Racial, Religious and Physical. In this Administrative INS/EEO conflict between September 1996 and June 1998 (when they finally relented) and in spite of properly filing a lawful complaint, INS/EEO refused to include Discrimination Racial and Religious as Bases. In the Scheduling Order, the Assistant US Attorney again omits "Discrimination Racial" as an Issue. The Bases of Discrimination Racial, Religious and physical were described in depth in Caryl's Complaint filed in US Federal Court on October 8, 1999.
January 5, 2000: After objecting to the Deputy US Attorney, Discrimination Racial is added to the Statement of the Issues, along with Discrimination Religious and Physical. The parties agree to amending several Causes of Action, and they submit the schedule for documents, expert discovery, and a joint pretrial order with briefs to the Federal Judge. A final pre-trial conference is to be conducted in approximately six months. Discussions about settlement will be held in front of a Magistrate on April 13, 2000. The people who ravaged the plaintiff (Caryl B. Leventhal) will be protected from a direct suit, allowing them to continue abusing others, because Bivens Actions do not cover Federal Employees. The Original Complaint filed in Federal Court will be amended by January 31, 2000 and depositions of witnesses will be concluded on or before April 17, 2000."Expert Witnesses" are to be provided on or before April 24, 2000. All discovery will be completed by May 15, 2000 followed by a second pre-trial conference, to be conducted in or around July 2000. Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act states that a suit can only be filed against a Department Head. In the case of Caryl Leventhal vs. Janet Reno, it is the Attorney General. Caryl's original complaint included a Basis of Retaliation when she attempted to expose criminal corruption in the Immigration and Naturalization Service. This Basis was rejected in the US Department of Justice's Administrative Process. After two years of battle it was considered a valid basis by the US Office of Federal Operations. On the other hand, existing Federal law states that you cannot file suit against a Federal employee retaliating against someone reporting or attempting to stop corruption... even corruption that is placing the American people at risk. But Ms. Leventhal hopes that through deposition and trial testimony, such information will become a part of the public record and be publicized in this website. It is why she filed a lawsuit in the first place. Money was never an issue. But for this type of complaint, you only have recourse to an internal investigation by a division of the US Department of Justice. In this case of corruption within the US Department of Justice, that very department is expected to objectively investigate itself. This inverse logic of Federal law protects the abuser. In July 1999, the Office of Federal Operations concluded that while the Basis of Discrimination Retaliation was valid, there was no legal recourse for a liability claim. They rejected reprisal for her battling to stop the widespread terrorist friendly corruption at INS 26 Federal Plaza NYC on the pretext that the INS EEO never informed them of this aspect of Ms. Leventhal's complaint until it was too late for consideration.
February 1, 2000: Defendant, Janet Reno, Attorney General of the United States of America, by her attorney for the Southern District of New York, answers the amended complaint on information and belief as follows: Refer to Navigation Button "EMPIRE STRIKES BACK," for information and analysis. Click "Reply to Suit" for entire text.
February 17, 2000: US Attorney serves Caryl B. Leventhal with "Defendant's First Set of Interrogatories and Document Requests."
February 18, 2000: Caryl Leventhal's Attorney serves US Attorney with "Plaintiff's First Set of Interrogatories, Document Requests and Notice of Depositions." On March 20th, 21st and 22nd, Depositions of plaintiffs will be taken.
March 21, 2000: US Department of Justice replies to request for production of documents. Refuses to supply anything requested. Hides behind "client confidentiality" and "executive privilege."	March 24, 2000: Reply to US Department of Justice Notices of Production of requested documents complied with completely by Caryl Leventhal. Nothing of relevance is withheld.
March 24, 2000: US Department of Justice to depose Caryl Leventhal on March 29, 2000. Due to Ms. Leventhal having Multiple Sclerosis and being susceptible to mental and physical fatigue, it will be requested that session(s) be limited in duration. Ms. Leventhal's husband, LTC Michael G. Leventhal will attend, to ensure that his wife's frailties are not abused by the US Attorney. As of this date, the US Attorney has failed to agree on solid deposition dates for those who brutalized Caryl.
March 27, 2000: US Attorney telephones Caryl Leventhal's lawyer and demands that her husband not be present at her Deposition on March 29, 2000. US Attorney refuses to give a women disabled by Multiple Sclerosis, the solace of her husband's presence in spite of her request. At the same time, the US Attorney still refuses to agree on dates for deposing those he is defending.
March 28, 2000: Deposition schedule is agreed upon for people being shielded by US Attorney... 04/06/2000 @ 3:00 pm: Gwen McPherson. 04/10/2000 @ 2:00 pm: Brenda Grant. 04/18/2000 (time to be determined) - Agatha Stewart. May 2000 (time and date to be determined) - Edward J. McElroy. NOTE: Caryl Leventhal is informed that Brenda Grant has been transferred from 26 Federal Plaza in New York City, to a post in Newark, New Jersey.
March 29, 2000: Caryl Leventhal is deposed in-person, by the US Attorney under the additional stress of her husband's absence. After two hours she becomes ill and the in-person Deposition is terminated. In the interests of human decency, a formal request will be made by Caryl's attorney, that all future Depositions be of short duration. Additionally, Brenda Grant is scheduled to be deposed by Caryl's attorney at 2:00 pm on April 10, 2000.
March 31, 2000: US Attorney found in ethics breach of Federal Rule of Evidence 615. US Attorney Lies about rule in March 27, 2000 request to exclude Caryl Leventhal's husband from being present during deposition. Ms. Leventhal's husband considering ethics charges. LTC Michael G. Leventhal will be present at all Depositions. In addition, Agatha Stewart, Gwen McPherson and Edward J. McElroy will not be deposed at this time. Instead, Robert Brouillet, Supervisory Personnel Management Specialist will be questioned. In order not to reveal Caryl Leventhal's strategy, reasons for deposing Robert Brouillet will appear after his deposition.
April 10, 2000: Deposition of Brenda Grant postponed until May 8, 2000. Caryl Leventhal is subsequently scheduled for two more Depositions of two hours duration each. The First is May 9, 2000 and the second is May 16, 2000. The meeting with a Magistrate for settlement mediation talks has been rescheduled from April 13, 2000 to June 1, 2000.
April 12, 2000: In spite of her frailty, the US Attorney has decided to depose Caryl Leventhal three more times. Dates are: May 9, 2000 - May 16, 2000 and May 23, 2000. Due to Ms. Leventhal's becoming ill during her March 29, 2000 Deposition, the US Attorney was told that she needs one week to recover between each new deposition.
April 15, 2000: Agatha Stewart will be deposed on April 18, 2000. LTC Michael Leventhal will be present at the depositions of Brenda Grant, Agatha Stewart and Robert Brouillet (which will be held in a federal building) unless otherwise ordered not to be present by the Judge assigned to her case. Caryl has knowledge that since the existence of Justice-Denied.net was made known to the US Attorney on March 24, 2000 (as a part of her reply to the US Attorney's Notice of Production of relevant papers), they have been very angry with Mr. Leventhal. Caryl is worried. During the earlier Administrative Process, Caryl Leventhal received a Death Threat. When she reported it to the USDOJ via certified mail, their response was, "The Justice Department doesn't sanction this type of behavior." Nothing else was done. During this sensitive, racially charged deposition process, Caryl fears the US Attorney's Office might engineer a "mini WACO" to "neutralize" her husband by employing physical abuse, arrest or even having him "accidentally" shot.
April 16, 2000 Update: the Pretrial Conference with the Judge is scheduled for June 6, 2000 at 4:30. Discovery will be ordered closed by June 1, 2000. Caryl's attorney has been pressing the US Attorney for Robert Brouilette's Deposition date, but the US Attorney continues to stall.	April 17, 2000: US Attorney indefinitely cancels April 18, 2000 Deposition of Agatha Stewart and continues to stall on a date for Robert Brouilette.
April 18, 2000: US Attorney relents on many items. Tells Caryl Leventhal's attorney that he will no longer object to her husband being present at the Depositions of Brenda Grant, Agatha Stewart or Robert Brouilette. Additionally, Caryl Leventhal's second of possibly four Deposition dates is set back to May 2, 2000.Deposition dates are set as follows: May 2nd: Caryl Leventhal (Deposition 2 of 4), May 3rd: Robert Brouilette, May 4th: Agatha Stewart, May 8th: Brenda Grant, May 9th Caryl Leventhal (Deposition 3 of 4). The last two might have to be rearranged because of a possible trial date by Ms. Leventhal's attorney.
April 24, 2000: US Attorney sends copies of worthless paperwork. Still refuses to supply requested information on racial staffing statistics... Asks that any Deposition attended by Caryl's husband be in armed USDOJ buildings. Ms. Leventhal fears that husband's life might be in danger?	May 2, 2000: Caryl Leventhal is subjected to second of four Depositions demanded by the US Attorney. After it is over, Caryl turns to her husband and says, "It was horrible! I was forced to live what they did to me all over again."
May 3, 2000: Robert Brouilette, INS/USDOJ Personnel Specialist is deposed. Suffers "memory loss" even when confronted with Certified letters and verifiable timeline. Still reveals much.	May 4, 2000: Agatha Stewart (Caryl Leventhal's First Line Supervisor) deposed. "It wasn't me, it was Brenda Grant."
May 8, 2000: Deposition of Brenda Grant (the weakest link in the US Attorney's defense) cancelled for third time.	May 19, 2000: After several other cancellations of Brenda Grant's Deposition, US Attorney claims she can't be deposed for weeks. US Attorney wants extension of Discovery period so that Caryl Leventhal will be forced into two more Depositions in hot weather.
May 23, 2000: Caryl Leventhal undergoes third Deposition. As the end of Discovery nears, the US Attorney still stalls on setting a date for Brenda Grant to appear as a witness. Claims he has petitioned the court for a SECOND extension of the discovery period.	May 26, 2000: US Attorney secures extension for Discovery period through August 1, 2000. Pre-trial conference with judge rescheduled for August 9, 2000. Mediation with Magistrate continues to be June 1, 2000.
June 01, 2000: Mandatory Mediation held with Magistrate, US Attorney and Regional INS Counsel. Ms. Leventhal states that there can be no settlement unless her USDOJ/INS personnel file is amended to state that she was abused.	June 15, 2000: Caryl Leventhal's attorney sends letter to US Attorney. Reminds him that he has completely failed to supply documentation requested by law and to set a deposition date for Brenda Grant.
June 16, 2000: US Attorney replies by requesting that Caryl Leventhal be deposed two more times in July heat. This is in spite of four months of pleas by Ms. Leventhal's husband to finish deposing his brain damaged wife and victim of Multiple Sclerosis in cooler weather. US Attorney also states that Brenda Grant can be deposed the week of July 10, 2000. This is after FOUR cancellations of Ms. Grant's scheduled single deposition. On three of these occasions, the US Attorney went back on his word.
July 12, 2000: Brenda Grant is deposed. Afterwards, Mr. Leventhal tells the US Attorney that if someone would only tell Caryl they were sorry for what Ms. Grant had just admitted to doing, everything could be ended on the spot. The US Attorney says "I can't do that."	July 19, 2000: Caryl Leventhal is deposed for fourth time in the middle of summer. Her husband, Michael Leventhal is to be deposed July 31, 2000.
July 31, 2000: Michael G. Leventhal is deposed.	August 4, 2000: After five months of delay by US Attorney, racial demographic information is turned over to Ms. Leventhal.
August 8, 2000: Caryl Leventhal's physician is deposed.	August 7, 2000: US Attorney sends judge letter requesting that final pretrial conference scheduled for August 14, 2000 also serve as a pre-motion conference to address defendant's proposed motion for partial summary judgment relative to religious discrimination.
August 10, 2000: Caryl Leventhal's attorney submits letter to judge supplying reasons for denial of US Attorney request for proposed motion for partial summary judgment relative to religious discrimination (Published in this site after August 14th final pre-trial conference.	August 14, 2000: New date for meeting with judge for final pre-trial hearing.
August 22, 2000: At Caryl Leventhal's request, her husband sends a letter to Judge Shira Scheindlin stating that justice would not be served if her suit against Janet Reno goes to trial on September 25, 2000. Gives reasons for needing more time. Judge Scheindlin refuses.
September 15, 2000: US Attorney moves to suppress recorded evidence of April 26, 1998 death threat against Caryl Leventhal and her husband. Makes motion to block jury from seeing April 30, 1998 Certified letter to INS, informing them that her life was in danger and resultant USDOJ non-responsiveness. September 2000: At Ms. Leventhal's request, Parties meet with Judge Shira Scheindlin for mediation. Ms. Leventhal constantly explains to judge that no matter how much money is offered, everything is irrelevant to working things out but a letter stating that she was unfairly treated. The US Attorney offers money but no letter of unfair treatment. Mediation breaks down.	September 21, 2000: US Attorney moves to suppress trial evidence relative to (1) religious discrimination and (2) All information on the subsequent Administrative Complaint Process.
September 22, 2000: Judge rules that religious discrimination while employed by INS can be included. Judge rules that death threat tape cannot be played although testimony on harassing telephone calls during Administrative can be included.	September 22, 2000: Mr. Alan R. Kaufman, Chief of US Attorney's Office CRIMINAL Division phones Caryl Leventhal's attorney. Asks him to deliver a message to her husband Michael: Claims US Attorney's Criminal Division Office is watching site www.Justice-Denied.net. Claims Michael is "walking the line" of his First Amendment freedoms, that they know the Leventhal's live in an armed home and that they are "annoyed" about the way the US Attorney's Office and US Attorney is being portrayed. Michael Leventhal tells Ms. Leventhal's attorney to inform Mr. Kaufman that he will not bow to intimidation and allow USDOJ to subvert justice. At Caryl Leventhal's request, he publishes events in website. Ms. Leventhal is terrified for her husband's life (they had previously received and reported a recorded death threat that the USDOJ refused to act upon). Ms. Leventhal is so upset that she will be unable to give rebuttal testimony during her trial. US Attorney obstruction of justice proves successful.
September 25, 2000: Trial Date in federal court, Southern District.	January 10, 2001: To preserve her health and be free to seek help in the political arena, Caryl Leventhal instructs her Appeals attorney to request that her federal appeal be dismissed. She moves on to the next step.
January 18, 2001: Eric Fisher US Attorney and Federal Appeals Court Staff Counsel informed that Caryl Leventhal wishes scheduled Mediation hearings on January 24, 2001 cancelled and her Appeal Withdrawn.


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