Employee Accuses Real Estate Firm Of Turning on Scientology E-Meter

The New York Observer 29.9.1997 by Dylan Foley and Devin Leonard

Several months after she went to work at a Manhattan real estate firm, Karen Schwartz says her boss, developer Lawrence Feldman, ordered her to take an unusual series of night classes. Ms. Schwartz says he informed her they were simply "business courses." But when she arrived at the classroom, Ms. Schwartz couldn't have been more astonished.

According to a complaint Ms. Schwartz has filed with the Federal Equal Employment Opportunity Commission, she was subjected to something close to an indoctrination into the Church of Scientology. She says she was hooked up to an "E-meter," a device that used electrodes to measure her thoughts. From another room, she could hear people clucking like chickens in what she later learned was an exercise called "bull-baiting."

Ms. Schwartz, who describes herself as a practicing Catholic, was upset-to say the least. In her complaint, she said that "the substantive content of the Scientology classes I was required to attend . [was] contrary and anathema to my Christian faith." But, according to the E.E.O.C. complaint, when she complained at a staff meeting, Mr. Feldman took her to breakfast and advised her that perhaps she "didn't really mean what [she] had said" and suggested that she "correct" her point of view.

Ms. Schwartz couldn't bring herself to do that. According to the E.E.O.C. complaint, Ms. Schwartz, 38, says that she was fired last year as regional property manager for Mr. Feldman because she "refused to continue to take Scientology courses."

Lawyers for Mr. Feldman dismissed Ms. Schwartz's complaint as "meritless."

The controversy comes at an important moment in Mr. Feldman's career. He is known in real estate circles as an owner of B-grade Manhattan office buildings. In other words, he's no Douglas Durst or Mortimer Zuckerman. But with the city's property market flourishing, Mr. Feldman has bigger plans for his fledgling empire, which includes office buildings in Florida and Arizona. In fact, he hopes to ride the coattails of Mr. Zuckerman and other real estate investment trust barons by going public.

But just as Mr. Feldman is preparing a $290 million stock offering for one of his companies, Tower Equities, along comes Ms. Schwartz, who is preparing to file a Federal lawsuit charging her former employer with religious discrimination. According to Ms. Schwartz's E.E.O.C. complaint, Mr. Feldman attempted to use the teachings of Scientology to run his company. Ms. Schwartz said he fired those who resisted.

"Larry Feldman really believes in Scientology," Ms. Schwartz told The Observer. "He feels that he could have an amazing empire by making people Scientologists. He wanted it embedded in their brains-not just to take courses, but to know it, learn it, use it."

Old Father Hubbard

Mr. Feldman makes no bones about his devotion to the church, whose worshipers include actors Tom Cruise and John Travolta and jazz pianist Chick Corea. Nor did he deny-in a faxed response to The Observer's questions-that he had "engaged a management consulting firm whose methods were developed by L. Ron Hubbard [the founder of Scientology]," although he insisted "these methods are purely secular and business-related." He also asserted that "no one, including [Ms. Schwartz], was ever forced or coerced into taking a Scientology religious course."

But Mr. Feldman denied strenuously that he has sought to convert nonbelievers, especially those on his staff: "Yes, I am a member of the Church of Scientology, as are millions of other people worldwide. I would not, and did not, attempt to force my religious beliefs on anyone inside or outside of my office. In fact, of the 68 people that I employ in my various companies, only three are Scientologists, including myself."

So why was Ms. Schwartz fired? According to Mr. Feldman, she was dismissed because she was "grossly insubordinate" to one of her superiors. He said her complaint is "completely baseless and has only one purpose, which is monetary gain." In the E.E.O.C. complaint, she said she is seeking in excess of $1 million in compensatory and punitive damages.

The Rev. John Carmichael, vice president of the Church of Scientology of New York, said he's not familiar with the details of the case. But he said church-approved business courses shouldn't be confused with indoctrination sessions: "Anyone who claims that a person taking a management course using L. Ron Hubbard's materials [therefore] has taken a religious course from the Church of Scientology is either purposely distorting the facts, or chooses to remain ignorant of those facts," he told The Observer.

Mary Wright, Ms. Schwartz's lawyer, disagreed. "Feldman's lawyers are going to argue that the courses are not religious in nature," she said. "But the fact is everything Karen learned came out of The Scientology Handbook, the bible of the Church of Scientology."

Ms. Schwartz went to work directly under Mr. Feldman in 1989, a time when Mr. Feldman's business was having problems. Mr. Feldman, 43, graduated with a business administration degree from Windham College in 1974 and went to work for Feldman Equities, the family real estate business founded by his grandfather, Hyman, in 1902.

He and his family attracted considerable attention by breaking ground in 1987 for Tower 45, a 40-story office building at 120 West 45th Street. There is little question that Mr. Feldman was attempting to make a splash in Manhattan with Tower 45. The building boasted a soaring atrium decorated with 20-foot cedars, and Mr. Feldman marketed it by sending live tree saplings to brokers.

His timing was problematic. As the real estate market collapsed at the decade's end, Mr. Feldman's firm found that it could fill Tower 45 only by offering to buy out some of its prior leases and, in some circumstances, by giving away two years' rent. In the midst of this, the building's beloved cedar trees began to die.

(Mr. Feldman, incidentally, told The Observer that Tower 45 is now fully leased and is a success.)

Go Along, Get Along

Ms. Schwartz describes her former offices as a bleak place filled with jittery employees fearful of losing their jobs. She said Mr. Feldman's requirement that all employees (except for the security guards and day porters) take Scientology courses only added to the tension. "There was constant stress, with people at each other's throats," Ms. Schwartz said in an interview. "People were under pressure to take courses when they were already overloaded with work."

According to Ms. Schwartz's E.E.O.C. complaint, Mr. Feldman informed his staff he intended to use his religion as a basis for his company's management, and those who didn't go along wouldn't be "team players."

She said those who did go along went to great lengths to please Mr. Feldman. In particular, she said, they went out of their way to use graphs to chart all of their activities-even paper filing-as they had been taught in a Hubbard-inspired course entitled "Management by Statistics." "The people who wanted to impress Larry would put their graphs over their desks," Ms. Schwartz said in an interview. "Larry would say, 'Oh, look at that graph,' and everybody would have to give a little 'golf clap' of appreciation."

Mr. Feldman said the management course "in no way involves any religious issue whatsoever."

There was also pressure from their instructors, Ms. Schwartz recalled. When she skipped a class, she said she received repeated calls from her instructor to schedule makeup sessions.

According to Ms. Schwartz's E.E.O.C. complaint, Mr. Feldman's advocacy didn't stop with mandatory night classes. In 1993, she alleges, Mr. Feldman scheduled mandatory five-hour Scientology seminars at the office. In some seminars, Mr. Schwartz said, she was forced to read church literature and demonstrate what she had learned by using clay figures and other props: "People would be rolling their eyes while they were doing this, and the teacher would go, 'Ooh, very good,'" she said.

Mr. Feldman's alleged activities provoked a strong response from Diana Featherstone, a former vice president of administration for Mr. Feldman. In an affidavit filed with Ms. Schwartz's complaint, Ms. Featherstone said she told Mr. Feldman that the church's management training was "very religious and cultlike in nature." She says she was disturbed enough to resist an order to write a memorandum saying that the courses were mandatory.

According to Ms. Featherstone, Mr. Feldman went into a rage and wrote the memo himself. Ms. Featherstone said she began looking for another job, only to be fired when another employee discovered her résumé in the computer system. According to Ms. Featherstone, the employee was an enthusiastic promoter of the mandatory Scientology classes and soon after became vice president for administration.

"That's a lie," Mr. Feldman said of Ms. Featherstone's replacement. "She's not a Scientologist. She's a devout Catholic."

"I believe that I was terminated because I did not believe in Scientology nor would support Feldman's promotion of Scientology in the workplace," Ms. Featherstone said in her affidavit.

Mr. Feldman dismissed Ms. Featherstone's accusations, saying, "It was well known at the time that Featherstone had a close, personal relationship with Karen Schwartz."

What's more, he said, Ms. Schwartz received a promotion and a raise in 1995 after she had refused to participate in Scientology classes-more proof, he said, that her charges are lies.

Ms. Schwartz, for her part, noted that while she was on maternity leave, she learned that her name had been taken off Feldman Equities' organizational chart, which was developed by Scientology consultants to illustrate how individuals fit into the firm's corporate structure.

That seemed like a bad sign to Ms. Schwartz. She said her suspicions were confirmed when she was fired soon after she returned to work. According to Mr. Feldman, Ms. Schwartz demanded a full-time salary for only two days of work.

Ms. Schwartz said in her complaint that she asked for a three-day week at the same rate of pay, the same deal that two other women, she said, had received from the company.

Ms. Schwartz said she was offered a severance package if she agreed not to sue Mr. Feldman's company. She refused.

<p><hr><p> Subject: Re: (1997) Manhattan Developer Coerced Staff into $cientology
Organization: The Buttersquash Conspiracy
Message-ID: <34n8i05i67u6d757416g0p6c4ivpfkjks4@4ax.com>
Date: Thu, 19 Aug 2004 07:55:25 GMT

On Mon, 16 Aug 2004 23:53:38 GMT, "Feisty" <sunny@skytoday.com> wrote:

>Several months after she went to work at a Manhattan real estate firm,
>Karen Schwartz says her boss, developer Lawrence Feldman, ordered her
>to
>take an unusual series of night classes. Ms. Schwartz says he informed
>her they were simply "business courses." But when she arrived at the
>classroom, Ms. Schwartz couldn't have been more astonished.

It appears she wasn't unique in having trouble with Lawrence E. Feldman, Scientologist.

Dumped as Google food.

Note that the claim is for "job discrimination."

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:98-cv-06879-LAP

Mikolas v. Feldman, et al Assigned to: Judge Loretta A. Preska Referred to: Demand: $0 Lead Docket: None Related Cases: None Case in other court: None Cause: 42:2000e Job Discrimination (Employment) Date Filed: 09/29/98 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff ----------------------- Stephen Mikolas represented by Mary A. Wright Schierberl & Wright 5 Hanover Square New York, NY 10004 (212) 514-7071 LEAD ATTORNEY

V.

Defendant ----------------------- Lawrence Feldman TERMINATED: 11/13/1998 represented by Christine S. Kim Rabinowitz, Boudin, Standard Krinsky & Lieberman, P.C. 740 Broadway 5th Floor New York, NY 10003 (212)254-1111 LEAD ATTORNEY Eric M. Lieberman Rabinowitz Boudin Standard Krinsky & Lieberman P.C. 740 Broadway 5th Floor New York, NY 10003 (212) 529-0223 LEAD ATTORNEY Feldman Equities Tower 45 Asset Management Corp. represented by Lori Barbara Katz Battle Fowler 75 East 55th St. New York, NY 10022 212/ 856-7000 LEAD ATTORNEY 286 Madison, LP represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY 290 Madison, LP represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY 292 Madison LP represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY Tower Equities represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY Tower Realty Trust, Inc. represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY

Counter Claimant ----------------------- Lawrence Feldman TERMINATED: 11/13/1998 represented by Christine S. Kim (See above for address) LEAD ATTORNEY

V.

Counter Defendant ----------------------- Stephen Mikolas represented by Mary A. Wright (See above for address) LEAD ATTORNEY

Filing Date # Docket Text 09/29/1998 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 327324. (em) Modified on 09/30/1998 (Entered: 09/30/1998) 09/29/1998 CASE REFERRED TO Judge Loretta A. Preska (em) (Entered: 09/30/1998) 10/09/1998 2 Affidavit of service of Summons and Complaint as to Lawrence Feldman by Personal Service on 10/7/98. Answer due on 10/27/98 for Lawrence Feldman (jp) (Entered: 10/14/1998) 10/09/1998 2 RETURN OF SERVICE executed as to Tower Realty Trust by personal service on 9/29/98. Answer due on 10/19/98 for Realty Trust (jp) (Entered: 10/14/1998) 10/09/1998 2 RETURN OF SERVICE executed as to Tower Realty Trust by Mary Anne Paone, Main Desk, on 9/29/98. (jp) (Entered: 10/14/1998) 10/16/1998 3 STIPULATION and ORDER, extending time of the defts Lawrence Feldman Equities, Tower 45 Asset Management Corp., 286 Madison, LP, 290 Madison, LP 292 Madison, LP, Tower Equities and Tower Realty Trust Inc. to answer to the complaint ; reseting answer to the complaint due for 11/17/98 for Tower Realty Trust, for Tower Equities, 292 Madison LP, for 290 Madison, LP, for 286 Madison, LP, for Tower 45 Asset, for Feldman Equities, for Lawrence Feldman ; (signed by Judge John S. Martin). (bw) Modified on 10/16/1998 (Entered: 10/16/1998) 10/29/1998 Case accepted as related to 98 CV 4913. Notice of assignment to follow. (bw) (Entered: 11/03/1998) 10/29/1998 5 Notice of assignment to Judge Loretta A. Preska Copy of notice and judge's rules mailed to Attorney(s) of record: Mary A. Wright . (bw) (Entered: 11/03/1998) 10/30/1998 4 ORDER; counsel shall inform the Court by letter no later than 10/29/98 whether the same Initial Scheduling Order can be entered in this case as in Schwartz v. Feldman, et al., 98 Civ. 4913, including the Nov. 5 settlement conference date ( signed by Judge Loretta A. Preska ); Copies mailed (sac) (Entered: 10/30/1998) 11/04/1998 6 Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Case is designated to Magistrate Judge Eaton. (pl) (Entered: 11/05/1998) 11/09/1998 7 Filed Memo-Endorsement on letter to Judge Preska from Mary A. Wright dated 10/28/98, reset settlement conference for 10:00 a.m. on 12/18/98 on both actions (signed by Judge Loretta A. Preska) (djc) (Entered: 11/12/1998) 11/13/1998 8 STIPULATION and ORDER, plaintiff hereby voluntarily dismisses with prejudice all Title VII claims (42 U.S.C. section 2000e et seq.) against defendant Lawrence Feldman. Plaintiff understands that dismissal is warranted because of the holding of the Second Circuit in Tomka v Seiler, 66 F. 3d 1295 (2d Cir. 1995) (signed by Judge Loretta A. Preska) (djc) (Entered: 11/16/1998) 11/18/1998 9 ANSWER to Complaint and COUNTERCLAIM by Lawrence Feldman (Attorney Christine S. Kim) against Stephen Mikolas (sac) (Entered: 11/19/1998) 11/19/1998 10 Rule 1.9 certificate filed by Tower 45 Asset, 286 Madison, LP, 290 Madison, LP, 292 Madison LP, Tower Equities (djc) (Entered: 11/20/1998) 11/19/1998 11 ANSWER to Complaint by Tower 45 Asset, 286 Madison, LP, 290 Madison, LP, 292 Madison LP, Tower Equities, Tower Realty Trust (Attorney Lori Barbara Katz); by attorney Lori Barbara Katz for defendant Tower Realty Trust (djc) (Entered: 11/20/1998) 12/09/1998 12 NOTICE OF MOTION by Lawrence Feldman for an order, admitting Christine S. Kim, Esq., to appear pro hac vice ; Return date 12/15/98 (sac) (Entered: 12/11/1998) 01/15/1999 Memo endorsed on motion; granting [12-1] motion for an order, admitting Christine S. Kim, Esq., to appear pro hac vice (signed by Judge Loretta A. Preska); Copies mailed. (original forworded to admissions clerk) (ri) (Entered: 01/19/1999) 02/19/1999 13 ANSWER by Stephen Mikolas to [9-2] counter claim; by attorney Mary A. Wright for counter-defendant Stephen Mikolas (ls) (Entered: 02/25/1999) 03/23/1999 14 STIPULATION AND ORDER of discontinuance; that the action against all defts are discontinued subject to reinstatement without prejudice if a settlement agreement is not fully consummated within 30 days of the date of this stipulation; that this Court shall retain jurisdiction over the matter to enforce settlement. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. ( signed by Judge Loretta A. Preska ) (jp) (Entered: 03/24/1999) 03/23/1999 Case closed (jp) (Entered: 03/24/1999) 04/20/1999 15 STIPULATION AND ORDER of dismissal; that this action is voluntarily dismissed with prejudice and without costs or attorneys' fees pursuant to Rule 41(a) of the F.R.C.P.; the Clerk of the Court shall still mark this action closed and all pending motions denied as moot. ( signed by Judge Loretta A. Preska ) (pl) (Entered: 04/22/1999) 04/23/1999 16 SEALED DOCUMENT placed in vault (da) (Entered: 04/23/1999) 05/06/1999 17 STIPULATION AND ORDER OF DISMISSAL; this action and counter-claims are voluntarily dismissed with prejudice and without costs or attys' fees to Rule 41(a) of the FRCP. ( signed by Judge Loretta A. Preska ) (sac) (Entered: 05/07/1999)

<p><hr><p> Subject: Re: (1997) Manhattan Developer Coerced Staff into $cientology
Organization: The Buttersquash Conspiracy
Message-ID: <1fn8i0pld4h2e89hans9qslgu9v5ogj0ml@4ax.com>
Date: Thu, 19 Aug 2004 08:00:20 GMT

On Mon, 16 Aug 2004 23:53:38 GMT, "Feisty" <sunny@skytoday.com> wrote:

>Several months after she went to work at a Manhattan real estate firm,
>Karen Schwartz says her boss, developer Lawrence Feldman, ordered her
>to
>take an unusual series of night classes. Ms. Schwartz says he informed
>her they were simply "business courses." But when she arrived at the
>classroom, Ms. Schwartz couldn't have been more astonished.

Here's the docket of the Schwartz case. It looks like she settled.

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:98-cv-04913-LAP

Schwartz v. Feldman, et al Assigned to: Judge Loretta A. Preska Referred to: Demand: $0 Lead Docket: None Related Cases: None Case in other court: None Cause: 42:2000e Job Discrimination (Employment) Date Filed: 07/10/98 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff ----------------------- Karen Schwartz represented by Mary Wright Schierberl & Wright 5 Hanover Square New York, NY 10004 (212) 514-7071 LEAD ATTORNEY

fka Karen Russo

V.

Defendant ----------------------- Lawrence Feldman represented by Eric M. Lieberman Rabinowitz Boudin Standard Krinsky & Lieberman P.C. 740 Broadway 5th Floor New York, NY 10003 (212) 529-0223 LEAD ATTORNEY Feldman Equities Tower 45 Asset Management Corporation represented by Lori Barbara Katz Battle Fowler 75 East 55th St. New York, NY 10022 212/ 856-7000 LEAD ATTORNEY 286 Madison, LP represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY 290 Madison, LP represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY 292 Madison, LP represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY Tower Equities represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY Tower Realty Trust, Inc. represented by Lori Barbara Katz (See above for address) LEAD ATTORNEY

Filing Date # Docket Text 07/10/1998 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 320702. (em) (Entered: 07/13/1998) 07/10/1998 Magistrate Judge Eaton is so Designated. (em) (Entered: 07/13/1998) 09/11/1998 2 Letter to Judge Preska from Mary A. Wright, on behalf of Karen Schwartz dated 8/26/98. Counsel informed the Court that her office address has change. (Change made on system) (kw) (Entered: 09/14/1998) 10/09/1998 3 Affidavit of service as to Lawrence Feldman by personal service on 10/7/98; Answer due on 10/27/98 for Lawrence Feldman (ae) (Entered: 10/13/1998) 10/09/1998 3 RETURN OF SERVICE executed as to Tower Realty Trust c/o DRA Advisors Inc. by Mary Anne Paone, Main Desk on 9/29/98; Answer due on 10/19/98 Tower Realty Trust (ae) Modified on 10/13/1998 (Entered: 10/13/1998) 10/09/1998 3 RETURN OF SERVICE executed as to Tower Realty Trust by personal service on 9/29/98; Answer due on 10/19/98 for Tower Realty Trust (ae) (Entered: 10/13/1998) 10/15/1998 Hearing held before Judge Preska. Next conference scheduled for 3/3/99 @ 4:30 p.m. (jp) Modified on 10/20/1998 (Entered: 10/20/1998) 10/16/1998 4 Initial Case Management Plan and Scheduling Order: all amendments to the pleadings shall be filed by 11/30/98; all discovery is to be completed no later than 5/28/99; fact discovery is to be completed by 4/30/99. A party proposing a motion shall, at the earliest opportunity but in any event no later than 4/30/99, write to the Court summarizing the motion proposed and the basis therefor and, in the case of a summary judgment, enclose a statement pursuant to Local Rule 56.1. A proposed joint consolidated order is to be filed by 6/28/99. No extensions of this date will be granted. At the same time, the parties shall also send to chambers a courtesy copies of the joint pretrial order, together with one copy of all proposed exhibits, a memorandum of law (if a bench trial), and proposed voir dire questions and requests to charge (if a jury trial). The next pre-trial conference is scheduled for 3/3/99 at 4:30 p.m. The parties are instructed, pursuant to FRCP 16, to meet and pursue settlement discussions. Plaintiff's counsel is directed to advise Chambers by letter or in person of the status of those discussions by 11/6/98. ( signed by Judge Loretta A. Preska ); Copies mailed. (kw) (Entered: 10/19/1998) 10/20/1998 5 STIPULATION and ORDER, reset answer due for 11/17/98 for Tower Realty Trust, for Tower Equities, for 292 Madison, LP, for 290 Madison, LP, for 286 Madison, LP, for Tower 45 Asset, for Feldman Equities, for Lawrence Feldman ( signed by Judge Loretta A. Preska ). (cd) (Entered: 10/21/1998) 10/30/1998 6 Filed Memo-Endorsement on letter to Judge Preska from Lori B. Katz dated 10/27/98, reset settlement conference for 10:00 a.m. on 12/18/98 with counsel and clients. (Mr. Feldman may be on telephone notice) ; (signed by Judge Loretta A. Preska) (djc) (Entered: 10/30/1998) 11/09/1998 7 Filed Memo-Endorsement on letter by Mary A. Wright to Judge Preska dated 10/28/98, reset settlement conference for 10:00 12/18/98 ( signed by Judge Loretta A. Preska ) (ae) (Entered: 11/12/1998) 11/13/1998 8 STIPULATION AND ORDER of voluntary dismissal with prejudice of all Title VII claims against defendant Lawrence Feldman. ( signed by Judge Loretta A. Preska ) (kw) Modified on 11/16/1998 (Entered: 11/16/1998) 11/18/1998 9 ANSWER to Complaint by Lawrence Feldman. (Attorney Eric M. Lieberman) (kw) (Entered: 11/20/1998) 11/19/1998 10 ANSWER to Complaint by Tower 45 Asset, 286 Madison, LP, 290 Madison, LP, 292 Madison, LP, Tower Equities, Tower Realty Trust (Attorney Lori Barbara Katz) (ae) (Entered: 11/20/1998) 11/19/1998 11 Rule 1.9 certificate filed by Tower 45 Asset, 286 Madison, LP, 290 Madison, LP, 292 Madison, LP, Tower Equities, Tower Realty Trust (ae) (Entered: 11/20/1998) 12/09/1998 12 NOTICE OF MOTION by Lawrence Feldman for Christine Kim to appear pro hac vice for deft Lawrence Feldman , Return date 12/15/98 (cd) (Entered: 12/11/1998) 01/15/1999 Memo endorsed on motion; granting [12-1] motion for Christine Kim to appear pro hac vice for deft Lawrence Feldman ( signed by Judge Loretta A. Preska ); Copies mailed. doc sent to the Attorney Admissions Clerk (cd) (Entered: 01/19/1999) 02/19/1999 13 ANSWER by Karen Schwartz to defendant's counterclaims. (kw) (Entered: 02/25/1999) 03/23/1999 14 STIPULATION AND ORDER OF DISCONTINUANCE; this action is hereby dismissed against all defts, subject to reinstatement without prejudice if a settlement agreement is not fully consummated within 30-days of the date of this stipulation. This Court shall retain jurisdiction over the matter to enforce the settlement. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. ( signed by Judge Loretta A. Preska ) (sac) (Entered: 03/24/1999) 03/23/1999 Case closed (sac) (Entered: 03/24/1999) 04/20/1999 15 STIPULATION AND ORDER of dismissal of the action voluntarily with prejudice and without costs or attorneys' fees purs. to Rule 41(a) of the FRCP. The Clerk of Court shall mark this action closed and all pending motions denied as moot ( signed by Judge Loretta A. Preska ) (cd) (Entered: 04/21/1999) 04/23/1999 16 SEALED DOCUMENT placed in vault (da) (Entered: 04/23/1999) 04/29/1999 17 STIPULATION AND ORDER of dismissal of the action with prejudice and without costs or attorneys' fees purs. to Rule 41(a) of the FRCP ( signed by Judge Loretta A. Preska ) (cd) (Entered: 04/30/1999)

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