Case: Zmora v. Minnesota

0:01-cv-01905 | U.S. District Court for the District of Minnesota

Filed Date: Oct. 17, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On October 17, 2001, a Jewish professor at St. Cloud State University ("SCSU") in Minnesota filed a lawsuit under both Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et. seq., and the Minnesota Human Rights Act ("MHRA"), Minn. Stat. § 363.01 et. seq. against the Minnesota State College and University System in the United States District Court for the District of Minnesota. The plaintiff, represented by private counsel, asked the court for remedial and monetary relief, alleging routine an…

On October 17, 2001, a Jewish professor at St. Cloud State University ("SCSU") in Minnesota filed a lawsuit under both Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et. seq., and the Minnesota Human Rights Act ("MHRA"), Minn. Stat. § 363.01 et. seq. against the Minnesota State College and University System in the United States District Court for the District of Minnesota. The plaintiff, represented by private counsel, asked the court for remedial and monetary relief, alleging routine anti-Semitic discrimination at SCSU. Specifically, the plaintiffs alleged a pattern and practice of discrimination with respect to hiring, promotion, scheduling, and retention of Jewish faculty.

On January 17, 2002, the defendant filed a motion for summary judgment. On April 10, 2002, the court (Judge Joan E. Lancaster) granted in part, and denied in part, the defendant's motion. Plaintiff's individual claim for retaliation under Title VII, as alleged in Count III of the amended complaint, was dismissed with prejudice; in all other respects, the defendant's motion was denied.

On December 5, 2002, the court (Judge Lancaster) provisionally certified the class. The plaintiffs represented a class of two subgroups: the first included all past and present Jewish faculty members and all Jewish persons who had applied for employment at SCSU. The second included all faculty and students (both Jewish and non-Jewish) who had been retaliated against for opposing and objecting to the defendant's illegal discriminatory practices and/or petitioning the government for redress of grievances.

On February 10, 2003, the court (Judge Lancaster) issued an Order Approving Class Action Settlement. The agreement provided for remedial and monetary relief, consisting of implementing a variety of changes relating to its training, notification and anti-discrimination policies, as well as the establishment of a Jewish Studies and Resource Center. SCSU also agreed to pay the sum of $50,000 to the non-excluding members of the settlement class, and an additional $265,000 between the three named Plaintiffs. Further details of the distribution are specified in the Settlement Agreement (41).

Summary Authors

Nathaniel Koslof (4/10/2008)

People


Judge(s)

Ericksen [Lancaster], Joan N. (Minnesota)

Kyle, Richard House (Minnesota)

Lebedoff, Jonathan G. (Minnesota)

Mason, John M. (Minnesota)

Attorneys(s) for Plaintiff

Arbour, Donald S. (Minnesota)

Harris, Paul R. (Minnesota)

McGraw, Beau D. (Minnesota)

Schermer, Daniel W. (Minnesota)

Attorneys(s) for Defendant

Cunningham, Gary R. (Minnesota)

Laine, Edward M (Minnesota)

Judge(s)

Ericksen [Lancaster], Joan N. (Minnesota)

Kyle, Richard House (Minnesota)

Lebedoff, Jonathan G. (Minnesota)

Mason, John M. (Minnesota)

Attorneys(s) for Plaintiff

Arbour, Donald S. (Minnesota)

Harris, Paul R. (Minnesota)

McGraw, Beau D. (Minnesota)

Schermer, Daniel W. (Minnesota)

Attorneys(s) for Defendant

Cunningham, Gary R. (Minnesota)

Laine, Edward M (Minnesota)

Merchant, David W. (Minnesota)

Documents in the Clearinghouse

Document

0:01-cv-01905

Docket [PACER]

Nov. 18, 2004

Nov. 18, 2004

Docket
20

0:01-cv-01905

Memorandum Opinion and Order Granting in Part and Denying in Part Motion for Summary Judgment

Zmora, et al v. Minnesota, State of, et al

2002 WL 539075

April 10, 2002

April 10, 2002

Order/Opinion
41

0:01-cv-01905

Order Provisionally Certifying Class

Zmora, et al v. Minnesota, State of, et al

Dec. 5, 2002

Dec. 5, 2002

Order/Opinion
50

0:01-cv-01905

Order Approving Class Action Settlement

Zmora, et al v. Minnesota, State of, et al

Feb. 10, 2003

Feb. 10, 2003

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link

nan

3

ANSWER by defendants 8pg(s) (DFL) (Entered: 12/18/2001)

Dec. 14, 2001

Dec. 14, 2001

12

STIPULATION that pltfs may file their amended complaint. 2pgs (VEM) Modified on 01/29/2002 (Entered: 01/28/2002)

Dec. 14, 2001

Dec. 14, 2001

13

AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding Suzanne L Williams. 24 pg(s) (VEM) Modified on 01/29/2002 (Entered: 01/28/2002)

Dec. 14, 2001

Dec. 14, 2001

4

ORDER FOR PRETRIAL CONFERENCE ( Magistrate Judge John M. Mason / 12/20/01) pretrial conference set for 1:45 p.m. on 1/23/02 ; Rule report ddl set for 1/16/02 4pg(s) (cc: all counsel) (DFL) (Entered: 12/26/2001)

Dec. 21, 2001

Dec. 21, 2001

5

REPORT OF RULE 26(f) MEETING 7pg(s) (DFL) (Entered: 01/18/2002)

Jan. 16, 2002

Jan. 16, 2002

6

MOTION by defendants for partial judgment on the pleadings ( to Judge Richard H. Kyle ) 5pg(s) (DFL) (Entered: 01/19/2002)

Jan. 17, 2002

Jan. 17, 2002

7

MEMORANDUM by defendants in support of motion for partial judgment on the pleadings [6-1] 15pg(s) (DFL) (Entered: 01/19/2002)

Jan. 17, 2002

Jan. 17, 2002

8

AFFIDAVIT of Gary R. Cunningham regarding motion for partial judgment on the pleadings [6-1] 2+pg(s) (DFL) (Entered: 01/19/2002)

Jan. 17, 2002

Jan. 17, 2002

9

NOTICEby plaintiffs of association of counsel Beau D McGraw 2 pg(s) (VEM) (Entered: 01/22/2002)

Jan. 18, 2002

Jan. 18, 2002

10

MEMORANDUM by plaintiff in opposition to motion for partial judgment on the pleadings [6-1] 18 pg(s) (DFL) (Entered: 01/23/2002)

Jan. 22, 2002

Jan. 22, 2002

11

AFFIDAVIT of Daniel W. Schermer regarding motion for partial judgment on the pleadings [6-1] 2+pg(s) (DFL) (Entered: 01/23/2002)

Jan. 22, 2002

Jan. 22, 2002

14

REPLY MEMORANDUM by defendants in support of motion for partial judgment on the pleadings [6-1] 12pg(s) (DFL) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

15

AFFIDAVIT of Gary R. Cunningham regarding motion for partial judgment on the pleadings [6-1] 2+pg(s) (DFL) (Entered: 01/28/2002)

Jan. 25, 2002

Jan. 25, 2002

16

PRETIRAL SCHEDULING ORDER ( Magistrate Judge John M. Mason ) amd complaint set for 4/1/02. 4 pg(s) (cc: counsel) (VEM) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

17

ORDER ( Magistrate Judge John M. Mason ) Pltfs may file the stipulation and amended complaint nunc pro tunc 12/14/01. The answers of defts filed [docket Nos. 2 and 3] may serve as answers to the amended complaint. 2 pg(s) (cc: all counsel) (VEM) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

18

AMENDED NOTICE by defendants setting hearing for motion for partial judgment on the pleadings ( to Judge Richard H. Kyle ) [6-1] at 8:00 a.m. on 2/7/02 5pg(s) (DFL) (Entered: 01/29/2002)

Jan. 28, 2002

Jan. 28, 2002

19

MINUTES:( Judge Richard H. Kyle / R. Riley) taking under advisement Deft's motion for partial judgment on the pleadings. [6-1] 1 pg(s) (VEM) (Entered: 02/07/2002)

Feb. 7, 2002

Feb. 7, 2002

20

MEMORANDUM, OPINION, AND ORDER: ( Judge Richard H. Kyle / 4/10/02) granting in part defendants' motion for partial judgment on the pleadings [6-1]; plaintiff Hoy's individual claim for retaliation under Title VII, as alleged in Count III of the amended complaint is dismissed with prejudice; in all other respects, the defendants' motion is denied 24pg(s) (cc: all counsel) (DFL) (Entered: 04/12/2002)

April 10, 2002

April 10, 2002

21

MOTION by plaintiffs to compel responses to discovery requests ( to Magistrate Judge John M. Mason ) , ret. 5/8/02 at 3:00 p.m. 4pg(s) (DFL) (Entered: 04/29/2002)

April 24, 2002

April 24, 2002

22

MEMORANDUM by plaintiffs in support of motion to compel responses to discovery requests [21-1] 24pg(s) (DFL) (Entered: 04/29/2002)

April 24, 2002

April 24, 2002

23

AFFIDAVIT of Donald S. Arbour regarding motion to compel responses to discovery requests [21-1] p2+g(s) (DFL) (Entered: 04/29/2002)

April 24, 2002

April 24, 2002

24

MINUTES:(Magistrate Judge John M. Mason / elec.) Pltf's Mtn to Compel {21-1} withdrawn without prejudice to permit full compliance with local rule 3.7 1pg(s) (GJS) (Entered: 05/01/2002)

April 29, 2002

April 29, 2002

25

PROTECTIVE ORDER (Magistrate Judge John M. Mason) It is ordered that documents which defts believe to be not public shall be stamped confidential and will be used solely in connection with this litigation and will not be dislcosed outside this litigation. i Pltfs counsel, independent experts and consultants and other persons including possible witnesses in this litigation shall also be bound by the terms of this protective order and shall not disclose any nonpublic data outside this litigation. 6pg(s) (cc: all counsel) (GJS) (Entered: 05/10/2002)

May 8, 2002

May 8, 2002

26

NOTICE ( Clerk Richard D. Sletten / 5/20/02) Case reassigned to Judge Joan E. Lancaster. Case referred to Magistrate Judge Arthur J. Boylan. 1 pg (cc: all counsel) ( (Entered: 05/20/2002)

May 20, 2002

May 20, 2002

27

NOTICE of settlement conference set for 9:30 a.m. on 6/14/02 1pg(s) (DFL) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

29

MINUTES: ( Chief Mag. Judge Jonathan G. Lebedoff ) continuing Settlement conference to 9:00 a.m. on 7/9/02 1pg(s) (DFL) (Entered: 06/18/2002)

June 14, 2002

June 14, 2002

28

NOTICE OF SETTLEMENT CONFERENCE ( Chief Mag. Judge Jonathan G. Lebedoff / 6/17/02) settlement conference set for 9:00 a.m. on 7/9/02 1pg(s) (cc: counsel) (DFL) (Entered: 06/18/2002)

June 17, 2002

June 17, 2002

30

NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE ( Clerk Richard D. Sletten /) Case referred to Chief Mag. Judge Jonathan G. Lebedoff 1pg(s) (cc: all counsel) (VEM) (Entered: 06/20/2002)

June 20, 2002

June 20, 2002

31

MINUTES OF SETTLEMENT CONFERENCE: ( Chief Mag. Judge Jonathan G. Lebedoff ) plaintiffs Tabakin and Stryker have settled contingent on plaintiff Zmora's willingness to settle; continued settlement conference set for 9:00 a.m. on 7/18/02 1pg(s) (DFL) (Entered: 07/16/2002)

July 9, 2002

July 9, 2002

32

MINUTES OF SETTLEMENT CONFERENCE: ( Chief Mag. Judge Jonathan G. Lebedoff ) case settled in principle; still will require class certification hearing - one outstanding issue to be resolved by attorneys within next two weeks 1pg(s) (DFL) (Entered: 07/23/2002)

July 18, 2002

July 18, 2002

33

MINUTES OF CONFERENCE CALL: ( Chief Mag. Judge Jonathan G. Lebedoff / ), Re: settlement Settlement conference set for 12:30 p.m. on 9/3/02 1pg(s) (DFL) (Entered: 08/28/2002)

Aug. 22, 2002

Aug. 22, 2002

34

MINUTES OF SETTLEMENT CONFERENCE: ( Chief Mag. Judge Jonathan G. Lebedoff ) resolved many issues in "post settlement" drafting of settlement agreement; parties ordered to meet 9/9/02 and draft settlement papers 1pg(s) (DFL) (Entered: 09/05/2002)

Sept. 3, 2002

Sept. 3, 2002

35

NOTICE OF HEARING (Chief Judge Magistrate Jonathan Lebedoff / 9/19/02) ; status conference set for 1:30 9/26/02 1pg (cc: all counsel) (SEA) Modified on 10/21/2002 (Entered: 09/24/2002)

Sept. 19, 2002

Sept. 19, 2002

36

MINUTES ( Chief Mag. Judge Jonathan G. Lebedoff ) Status Conference - parties will call with status report 9/30/02 2:00 p.m. 1pg(s) (SJH) (Entered: 10/05/2002)

Sept. 26, 2002

Sept. 26, 2002

37

MINUTES OF CONFERENCE CALL: ( Chief Mag. Judge Jonathan G. Lebedoff ) much progress made on settlement; parties feel they can draft final papers 1pg(s) (DFL) (Entered: 10/08/2002)

Sept. 30, 2002

Sept. 30, 2002

38

MINUTES OF STATUS CONFERENCE: ( Chief Mag. Judge Jonathan G. Lebedoff ) extended filing of settlement agreement until 9:30 a.m.; conference call tomorrow; also will stay filing class list until 9:30 a.m. 12/3/02 pg(s) (DFL) (Entered: 12/06/2002)

Dec. 2, 2002

Dec. 2, 2002

39

MINUTES ( Chief Mag. Judge Jonathan G. Lebedoff ) re conference call - dispute resolved; parties to file settlement agreement today 1pg(s) (SJH) (Entered: 12/07/2002)

Dec. 3, 2002

Dec. 3, 2002

40

Schedule of Settlement Class filed by pltf (sealed/separate) (SJH) (Entered: 12/07/2002)

Dec. 3, 2002

Dec. 3, 2002

41

ORDER ( Judge Joan E. Lancaster / 12/5/02) provisionally certifying class and scheduling hearing on proposed class settlement class settlement hearing set for 11:00 a.m. on 12/10/03 to consider whether the settlement is fair, reasonable and adequate and be approved 12pgs (cc: all counsel) (DFL) (Entered: 12/12/2002)

Dec. 5, 2002

Dec. 5, 2002

42

NOTICE OF PROPOSED CLASS SETTLEMENT 8pg(s) (DFL) (Entered: 12/12/2002)

Dec. 5, 2002

Dec. 5, 2002

43

CLASS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS 31pg(s) (DFL) (Entered: 12/12/2002)

Dec. 5, 2002

Dec. 5, 2002

44

SEPARATE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS BY GEOFFREY TABAKIN 10pg(s) (DFL) (Entered: 12/12/2002)

Dec. 5, 2002

Dec. 5, 2002

45

SEPARATE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS BY LAURINDA STRYKER 8pg(s) (DFL) (Entered: 12/12/2002)

Dec. 5, 2002

Dec. 5, 2002

46

SEPARATE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS BY ZRIE ZMORA pg(s) (DFL) (Entered: 12/12/2002)

Dec. 5, 2002

Dec. 5, 2002

48

MINUTES:( Judge Joan E. Lancaster / Jeanne Anderson) Fairness Hearing Re: Class action - court approves settlement. [24-1] 1 pg(s) (VEM) (Entered: 02/12/2003)

Feb. 10, 2003

Feb. 10, 2003

49

NOTICE by plaintiff terms of the settlement agreement. Separate and under seal (VEM) (Entered: 02/12/2003)

Feb. 10, 2003

Feb. 10, 2003

50

ORDER APPROVING CLASS ACTION SETTLEMENT ( Judge Joan E. Lancaster / 2/10/03) that plaintiff Robbi Hoy has been severed from the class action and has been settled separately; in the event of an alleged breach of the terms of the settlement agreement, this court shall retain jurisdiction to hear enforcement actions brought by class members against the MN State Colleges and Universities, St. Cloud State University, or the Inter-Faculty Association for a period of one year from the date of this order termination notice 3pg(s) (cc: all counsel) (DFL) (Entered: 02/18/2003)

Feb. 10, 2003

Feb. 10, 2003

51

ORDER (Judge Joan N. Ericksen / 10/15/03) that counsel for pltfs are authorized to donate Robert Hauptman's share of the class settlement fund, in the amt. of $2,112.68, to the Jewish Community Relations Council of Minnesota 2pg(s) (cc: all counsel) (JMR) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

52

MOTION to Enforce Class Settlement, by Geoffrey Tabakin. 1pg(SJH) (Entered: 02/20/2004)

Feb. 17, 2004

Feb. 17, 2004

NOTICE of Hearing on 52 MOTION to Enforce Class Settlement: Hearing set for 4/12/2004 09:30 AM in St Paul - Courtroom 3 before Judge Joan N Ericksen. (SJH) (Entered: 02/20/2004)

Feb. 17, 2004

Feb. 17, 2004

53

MEMORANDUM in Support re 52 MOTION to enforce class settlement and extend jurisdiction filed by Geoffrey Tabakin. 8 pgs (JMM) (Entered: 03/20/2004)

March 12, 2004

March 12, 2004

54

AFFIDAVIT in Support of Geoffrey Tabakin re 52 MOTION to enforce class settlement and extend jurisdiction filed by Geoffrey Tabakin. 40 pgs (JMM) (Entered: 03/20/2004)

March 12, 2004

March 12, 2004

55

MEMORANDUM in Opposition re 52 MOTION to Compel. Filed by Defendant St Cloud State University. 7pg(s). (SS) (Entered: 04/06/2004)

April 2, 2004

April 2, 2004

56

AFFIDAVIT of Dr. Michael Spitzer in Opposition re 52 MOTION to Compel. Filed by Defendant St Cloud State University. 18pg(s). (SS) (Entered: 04/06/2004)

April 2, 2004

April 2, 2004

57

REPLY Brief in Support re 52 MOTION to Enforce Class Settlement and Extend Jurisdiction filed by Geoffrey Tabakin. (GML) (Entered: 04/12/2004)

April 7, 2004

April 7, 2004

58

AFFIDAVIT of Geoffrey Tabakin with exhibits. 6 pgs (GML) (Entered: 04/12/2004)

April 7, 2004

April 7, 2004

59

Minute Entry for proceedings held before Judge Joan N Ericksen : Motion Hearing held on 4/12/2004 re 52 MOTION to Compel filed by Geoffrey Tabakin - GRANTED on the minutes and the Court will retain jurisdiction. A hearing will be held on Monday, July 12, 2004 at 2:00 p.m. No further order will be issued. (Court Reporter Maria Weinbeck) (slf) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

60

NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 6/24/2004 01:45 PM in In Chambers Hearing before Chief Mag. Judge Jonathan G Lebedoff. Signed by Chief Mag Judge Jonathan G Lebedoff on 6/18/04. (HLL) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

61

Minute Entry for proceedings held before Chief Magistrate Judge Jonathan G Lebedoff : Settlement Conference held on 6/24/2004. Settlement reached. (HLL) Modified on 6/24/2004 (Labat, Heather). (Entered: 06/24/2004)

June 24, 2004

June 24, 2004

62

LETTER TO MAGISTRATE JUDGE by Geoffrey Tabakin. (Attachments: # 1 Exhibit Exhibit 1 to 11/11/04 Letter to J Lebedoff# 2 Exhibit Exhibit 2 to 11/11/04 Letter to J Lebedoff# 3 Exhibit Exhibit 3 to 11/11/04 Letter to J Lebedoff# 4 Exhibit Exhibit 4 to 11/11/04 Letter to J Lebedoff)(Harris, Paul) (Entered: 11/12/2004)

Nov. 12, 2004

Nov. 12, 2004

63

LETTER TO MAGISTRATE JUDGE by Minnesota State Colleges and University System (MnSCU), St Cloud State University. (Cunningham, Gary) (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

64

Minute Entry for proceedings held before Chief Magistrate Judge Jonathan G Lebedoff : Telephone Conference held on 11/18/2004 - re: letter to Magistrate Judge (Doc No 63). (RJL) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

65

ORDER re: Settlement Agreement. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 11/18/04. (RJL) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

Case Details

State / Territory: Minnesota

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Oct. 17, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All past and present Jewish faculty members/persons who applied for employment at SCSU, and all faculty/students (Jewish/non-Jewish) who had been retaliated against for opposing and objecting to the defendant’s illegal discriminatory practices.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Minnesota, State of, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

Religion discrimination

Affected Gender:

Female

Male