In October 2008, Eugenie Gilmore, of the Law Office of Eugenie Gilmore, and BMBB's John A. Beranbaum, tried a case in the United States District Court for the Southern District of New York, Judge Victor Marrero presiding, on behalf of two former employees of the Department of Information Technology and Telecommunications, a City of New York agency. The plaintiffs claimed that the agency failed to re-hire them during a restructuring in unlawful retaliation for their having previously sued the agency for racial discrimination, or having assisted in such a suit. (One of the plaintiffs also alleged he was not re-hired because of his diabetes). After trying the case for six days, and immediately before summations were to be delivered, the City agreed to pay the plaintiffs $400,000 to settle the case. See Stewart and Kalembwe v. Department of Information Technology and Telecommunications, 04 CV 10179.