Case: Ebbert v. Nassau County

1:05-cv-05445 | U.S. District Court for the Eastern District of New York

Filed Date: Nov. 18, 2005

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On November 18, 2005, Plaintiffs, all women, filed a lawsuit against the Nassau County Police Department in the U.S. District Court for the Eastern District of New York, alleging violations of the federal Equal Pay Act ("EPA"), 29 U.S.C. § 206(d), the New York State Equal Pay Act ("NYEPA"), N.Y. Lab. Law § 194, and 42 U.S.C. § 1983. Plaintiffs, represented by private counsels, sought to have their claims designated as part of a collective and class action suit, requested a permanent injunction …

On November 18, 2005, Plaintiffs, all women, filed a lawsuit against the Nassau County Police Department in the U.S. District Court for the Eastern District of New York, alleging violations of the federal Equal Pay Act ("EPA"), 29 U.S.C. § 206(d), the New York State Equal Pay Act ("NYEPA"), N.Y. Lab. Law § 194, and 42 U.S.C. § 1983. Plaintiffs, represented by private counsels, sought to have their claims designated as part of a collective and class action suit, requested a permanent injunction against Defendants for violating the Equal Pay Act and state law, and also sought promotion and benefits, liquidated damages, compensatory and punitive damages, and attorneys' fees, expenses, and costs. Specifically, Plaintiffs alleged that Defendants discriminated against them by paying them wages substantially lower than those wages given to men doing equal work.

Plaintiffs compared their salaries to those of the all-male force of approximately 32 Fire Communication Technicians ("FCTs") and Fire Communication Technician Supervisors ("FCTSs"). They alleged that the County's Police Communications Officers ("PCOs") and Police Communications Officer Supervisors ("PCOSs") are paid less than its FCTs and FCTSs for substantially equal work. Over 90% of PCOs and PCOSs are women; 100% of FCTs and FCTSs are men. According to Plaintiffs, no woman has ever been employed as an FCT or FCTS. The pay scales for all four positions are determined by Nassau County's civil service grade ranking system. Within each grade, there are steps which correlate to seniority and compensation.

On August 09, 2009, the Court (Judge Frederic Block) granted Plaintiffs' motion to certify class.

Defendants moved for summary judgment in April 2007. On March 31, 2009, in a published opinion, the Court (Judge Frederic Block) granted Defendants' motion for summary judgment with respect to Plaintiffs' 42 U.S.C. § 1983 claim, while denying the motion with respect to the Plaintiffs' other claims.

From July 2010, the parties went into settlement discussions regarding the remaining claims. On June 09, 2011, Plaintiffs filed a Motion for Preliminary Approval of Class Settlement. According to the Settlement Agreement, Defendants agreed to a $7 million payment to resolve female police communications officers' allegations that they were paid less than men in equivalent jobs. On December 22, 2011, the Court (Magistrate Judge A. Kathleen Tomlinson) granted the approval of the class action settlement in a Final Order.

Summary Authors

Xin Chen (1/21/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5476253/parties/ebbert-v-nassau-county/


Judge(s)

Block, Frederic (New York)

Tomlinson, A. Kathleen (New York)

Attorneys(s) for Plaintiff

Eisenberg, Herbert (New York)

Goodman, Janice (New York)

Attorneys(s) for Defendant

Chartan, Lauren (New York)

Famighetti, Peter (New York)

Rogers, Jennean (New York)

Sandel, Carl S. (New York)

Van Riper, Barbara E (New York)

Other Attorney(s)

Active

Judge(s)

Block, Frederic (New York)

Tomlinson, A. Kathleen (New York)

Attorneys(s) for Plaintiff

Eisenberg, Herbert (New York)

Goodman, Janice (New York)

Attorneys(s) for Defendant

Chartan, Lauren (New York)

Famighetti, Peter (New York)

Rogers, Jennean (New York)

Sandel, Carl S. (New York)

Van Riper, Barbara E (New York)

Other Attorney(s)

Timon, Kathleen (Florida)

Documents in the Clearinghouse

Document

1:05-cv-05445

Docket

Jan. 13, 2012

Jan. 13, 2012

Docket
46

1:05-cv-05445

Complaint

May 29, 2007

May 29, 2007

Complaint
67

1:05-cv-05445

Memorandum and Order on Class Certification

2007 WL 2295581

Aug. 9, 2007

Aug. 9, 2007

Order/Opinion
98

1:05-cv-05445

Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment

July 25, 2008

July 25, 2008

Pleading / Motion / Brief
105

1:05-cv-05445

Memorandum and Order granting in part and denying in part Defendants' Motion for Summary Judgment

2009 WL 935812

March 31, 2009

March 31, 2009

Order/Opinion
148-3

1:05-cv-05445

Plaintiffs' Memorandum of Law in Support of their Motion for Preliminary Approval of Class Settlement

June 9, 2011

June 9, 2011

Pleading / Motion / Brief
163

1:05-cv-05445

Final Order and Judgment

2011 WL 6826121

Dec. 22, 2011

Dec. 22, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5476253/ebbert-v-nassau-county/

Last updated Aug. 8, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi $ 250, filed by Frances Kamerer, Helen Ebbert, Pamela Edwards, Isabella Minneci, Wendy Muro. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 11/28/2005)

2 Civil Cover Sheet

View on PACER

Nov. 18, 2005

Nov. 18, 2005

PACER
2

Letter MOTION for Extension of Time to File Answer to Complaint by all defendants. (Attachments: # 1 Stipulation)(Sandel, Carl) (Entered: 12/08/2005)

2 Stipulation

View on PACER

Dec. 8, 2005

Dec. 8, 2005

PACER
3

NOTICE of Appearance by Peter J. Famighetti on behalf of all defendants (Famighetti, Peter) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
4

Letter brief requesting Pre-motion Conference by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Famighetti, Peter) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

PACER
5

Letter In response to Defendants request for premotion conference by Helen Ebbert. (Eisenberg, Herbert) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
6

NOTICE of a pre-motion conference: A pre motion conference is schedule in this case on March 10, 2006 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then notify the Court which conducts these conference on Fridays at 11AM. (Innelli, Michael) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
7

Letter from Herbert Eisenberg,Esq. written to request that the Court schedule a confernce at its earliest convenience.(Williams-Jackson, Sandy) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
8

Letter re: conference, discovery by Helen Ebbert. (Eisenberg, Herbert) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

PACER
9

Letter in response to Plaintiffs' 5/12/06 letter seeking a proposed order for immediate commencement of discovery by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Famighetti, Peter) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

PACER
10

Letter by Helen Ebbert. (Goodman, Janice) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

PACER
11

SCHEDULING ORDER: Initial Conference set for June 27, 2006. SEE ATTACHED ORDER.Ordered by Judge A. Kathleen Tomlinson on 5/18/06. (Cass, Luke) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
12

First MOTION to Adjourn Conference by all plaintiffs. (Eisenberg, Herbert) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

PACER
13

Proposed Scheduling Order by Helen Ebbert. (Eisenberg, Herbert) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

PACER
14

Letter dtd 5/16/06 by Janice Goodman,Esq.to Judge Block, written in support of plaintiff's request for an order to begin discovery and in reply to the County's opposition to the same. (Williams-Jackson, Sandy) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

PACER
15

Letter requesting cancellation of pre-motion conference by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Famighetti, Peter) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

PACER
16

ANSWER to Complaint by all defendants.(Famighetti, Peter) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
17

Minute Entry for proceedings held before A. Kathleen Tomlinson: Initial Conference Hearing held on 7/7/2006. SCHEDULING: 1. A status conference will be held on November 16, 2006. THE FOLLOWING RULINGS WERE MADE: 1. The parties met for a Rule 26(f) conference and I am adopting the case management plan submitted by them with certain changes. Due to the nature and potential size of this class action suit, the parties requested an extension of the standard discovery schedule. Since this is a class action with several different class types, that request is GRANTED. A Case Management and Scheduling Order will be entered separately. Initial disclosures have been exchanged. 2. The parties represented that they have agreed to bifurcate this matter into "liability" and "damages" phases. I informed them that although I had no objections to the bifurcation as far as discovery is concerned, they would have to make an application to Judge Block directly. SEE ADDITIONAL RULINGS IN ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 7/7/06. (Cass, Luke) (Entered: 07/08/2006)

July 8, 2006

July 8, 2006

PACER
18

SCHEDULING ORDER: Deadline for completion of initial disclosures required by Rule 26(a): July 7, 2006; First request for production of documents and first request for interrogatories due by: August 1, 2006; Disclosure of all possible class members from Defendants due by: August 8, 2006; Deadline for joinder of additional parties, amendment of pleadings and class certification: October 6, 2006; Status Conference: November 16, 2006; All discovery, including production of all expert reports, if any, to be completed by: May 1, 2007; Dispositive motion process started by: May 15, 2007; Joint pretrial order due by: June 25, 2007; Pretrial Conference: July 10, 2007. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 7/7/06. (Cass, Luke) (Entered: 07/08/2006)

July 8, 2006

July 8, 2006

PACER
19

MOTION to Bifurcate by all plaintiffs. (Goodman, Janice) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

PACER
20

ORDER: the request that the court order bifurcation is granted. Ordered by Judge Frederic Block on 7/27/2006. (Endorsed on letter dated 7/20/2006 from Janice Goodman and Herbert Eisenberg to USDJ Block) Copies mailed by Chambers.(Barrett, C.) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
21

Minute Entry for proceedings held before A. Kathleen Tomlinson: Telephone Status Conference held on 11/16/2006. SCHEDULING: A pretrial conference will be held on July 10, 2007. THE FOLLOWING RULINGS WERE MADE: With the exception of one issue concerning Plaintiffs' requests for certain public service examinations, the parties agree that discovery is proceeding according to dates set forth in the Case Management and Scheduling Order. Defendants object to providing certain New York City and New York State civil service exam information based upon N.Y. Public Service Law section 87(2)(h), which permits a state agency to deny access to records that "are examination questions or answers which are requested prior to the final administration of such questions." Plaintiffs' counsel has offered to enter into a Stipulation and Order of Confidentiality designating the examination information as attorneys' and experts' eyes only; however, such designation is unacceptable to Defendants. Therefore, since Defendants have the burden here, Defendants' counsel will move by letter motion for a protective order under Fed. R. Civ. P. 26(c), which motion will be made during the week of November 27, 2006. Plaintiffs will then have three business days to file their opposition. Replies are not permitted on letter motions. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 11/16/06. (Cass, Luke) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
22

First MOTION to Certify Class by all plaintiffs. (Eisenberg, Herbert) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
23

RESPONSE in Opposition re 22 First MOTION to Certify Class filed by all defendants. (Eisenberg, Herbert) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
24

Letter Submission letter re:Motion for Class Certification by Helen Ebbert. (Eisenberg, Herbert) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
25

REPLY to Response to Motion re 22 First MOTION to Certify Class filed by all plaintiffs. (Eisenberg, Herbert) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
26

First MOTION for Protective Order that the disclosure of civil service examinations not be had by all defendants. (Famighetti, Peter) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER
27

RESPONSE in Opposition re 26 First MOTION for Protective Order that the disclosure of civil service examinations not be had filed by all plaintiffs. (Attachments: # 1 # 2 # 3)(Goodman, Janice) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
28

MOTION for Protective Order prohibiting the deposition of Commissioner Wall and prohibiting the release of civil service examinations, MOTION to Quash subpoena of plaintiffs for deposition of Commissioner Wall and for production of civil service examinations and related materials by New York State Department of Civil Service. (Timon, Katherine) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

PACER
29

RESPONSE in Opposition re 28 MOTION for Protective Order prohibiting the deposition of Commissioner Wall and prohibiting the release of civil service examinations MOTION to Quash subpoena of plaintiffs for deposition of Commissioner Wall and for production of civil service examinations and related materials MOTION to Quash subpoena of plaintiffs for deposition of Commissioner Wall and for production of civil service examinations and related materials filed by all plaintiffs. (Goodman, Janice) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
30

Letter Supplemental Letter Brief re Class Certification by Frances Kamerer, Helen Ebbert, Pamela Edwards, Isabella Minneci, Wendy Muro (Goodman, Janice) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

PACER
31

Letter production of documents by Frances Kamerer, Helen Ebbert, Pamela Edwards, Isabella Minneci, Wendy Muro (Goodman, Janice) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

PACER
32

MEMORANDUM AND ORDER granting in part 28 non-party NYSCS' Motion to Quash the subpoena served upon it for the deposition of Commissioner Wall and precluding the deposition; denying motion for protective order precluding production of civil service examinations and related materials; denying Defendants' 26 Motion for Protective Order. SEE ATTACHED DECISION AND ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/02/07. (Jacobwitz, Beth) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

RECAP
33

NOTICE of Appearance by Lauren Seides Chartan on behalf of all defendants (aty to be noticed) (Chartan, Lauren) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

PACER
34

Letter by Nassau County, Nassau County Police Department, Thomas R. Souzzi (Attachments: # 1 Stipulation and Order) (Chartan, Lauren) (Entered: 04/09/2007)

2 Stipulation and Order

View on PACER

April 9, 2007

April 9, 2007

PACER
35

STIPULATION by New York State Department of Civil Service (Connell, Monica) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
36

Letter MOTION for Extension of Time to Complete Discovery and additional matters by all defendants. (Chartan, Lauren) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
37

First MOTION to Amend/Correct Complaint by all plaintiffs. (Attachments: # 1 Proposed Amended Complaint) (Eisenberg, Herbert) (Entered: 04/20/2007)

2 Proposed Amended Complaint

View on PACER

April 20, 2007

April 20, 2007

PACER
38

MOTION for Extension of Time to Complete Discovery Modification of scheduling order by all plaintiffs. (Goodman, Janice) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

PACER
39

MOTION for Extension of Time to Complete Discovery Amended Filing of Modification scheduling order by all plaintiffs. (Goodman, Janice) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

PACER
40

ORDER REFERRING MOTION: 37 First MOTION to Amend/Correct Complaint filed by Helen Ebbert, Wendy Muro, Frances Kamerer, Pamela Edwards, Isabella Minneci for Decision. Ordered by Judge Frederic Block on 4/20/2007. Motions referred to A. Kathleen Tomlinson. (Lee, Tiffeny) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
41

NOTICE of Appearance by Jennean R. Rogers on behalf of all defendants (aty to be noticed) (Rogers, Jennean) (Entered: 04/26/2007)

April 26, 2007

April 26, 2007

PACER
42

RESPONSE in Opposition re 37 First MOTION to Amend/Correct Complaint filed by all defendants. (Attachments: # 1 Exhibit A) (Rogers, Jennean) (Entered: 04/26/2007)

2 Exhibit A

View on PACER

April 26, 2007

April 26, 2007

PACER
43

Minute Entry for proceedings held before A. Kathleen Tomlinson : Motion Hearing held on 5/2/2007 (1) re 36 Letter MOTION for Extension of Time to Complete Discovery filed by Nassau County Civil Service Commission, Thomas R. Souzzi, Nassau County Police Department, Nassau County, (2) 38 MOTION for Extension of Time to Complete Discovery filed by Helen Ebbert, Wendy Muro, Frances Kamerer, Pamela Edwards, Isabella Minneci, (3) 39 MOTION for Extension of Time to Complete Discovery -- Amended Filing of Modification scheduling order filed by Plaintiffs and (4) 37 First MOTION to Amend/Correct Complaint filed by Plaintiffs. Ruling on Motion to Amend DEFERRED. SEE ATTACHED ORDER FOR EXTENDED DISCUSSION AND RULINGS. Ordered by Judge A. Kathleen Tomlinson on 5/2/07. (Tomlinson, A.) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
44

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES Interim Telephone Status Conference will be held June 6, 2007 at 11 a.m.; All Fact Depositions and any remaining Document production to be concluded by May 31, 2007; Expert reports and all accompanying materials required by Rule 26 to be exchanged by July 15, 2007; Expert rebuttal reports, if any, due by August 15, 2007; Depositions of experts to be completed by September 17, 2007; Dispositive motion process started by October 15, 2007; Joint pretrial order due by November 30, 2007; Pretrial Conference will be held on December 13, 2007, at 11 a.m. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 5/2/07. (Tomlinson, A.) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

PACER
45

MEMORANDUM AND ORDER granting 37 Plaintiffs' Motion to Amend/Correct the Complaint. SEE ATTACHED DECISION. Ordered by Judge A. Kathleen Tomlinson on 5/24/07. (Tomlinson, A.) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

PACER
46

AMENDED COMPLAINT adding Plaintiff Lori Conklin against all defendants, filed by all plaintiffs. (Eisenberg, Herbert) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

PACER
47

STATUS REPORT by Frances Kamerer, Lori Conklin, Helen Ebbert, Pamela Edwards, Isabella Minneci, Wendy Muro (Goodman, Janice) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

PACER
48

STATUS REPORT and Request for Adjournment of Status Conference by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi (Rogers, Jennean) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

PACER
49

ANSWER to Amended Complaint by all defendants. (Rogers, Jennean) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

PACER
50

STATUS REPORT by Frances Kamerer, Lori Conklin, Helen Ebbert, Pamela Edwards, Isabella Minneci, Wendy Muro (Attachments: # 1 # 2 # 3 # 4) (Goodman, Janice) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

PACER
51

CONSENT to become party in a class action. by Helen Ebbert (Goodman, Janice) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

PACER
52

Letter re Withdrawal of Objection by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi (Rogers, Jennean) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

PACER
53

Letter MOTION for Extension of Time to File Expert Report by all defendants. (Chartan, Lauren) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

PACER
54

RESPONSE in Opposition re 53 Letter MOTION for Extension of Time to File Expert Report filed by all plaintiffs. (Goodman, Janice) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
55

CONSENT to become party in a class action. by Helen Ebbert (Goodman, Janice) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
56

RESPONSE in Opposition re 53 Letter MOTION for Extension of Time to File Expert Report Amended Letter filed by all plaintiffs. (Goodman, Janice) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

PACER
57

Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 6/12/2007. THE FOLLOWING RULINGS WERE MADE:I met with the parties today for a discovery status conference to determine any outstanding issues regarding the progress of discovery, including those raised in Plaintiffs' status report of June 1, 2007 [DE 47] and Defendants' status report dated June 1, 2007 [DE 48]. After lengthy discussion with the parties, I directed certain actions with regard to the outstanding discovery. Those directives are contained in the attached ORDER. Ordered by Judge A. Kathleen Tomlinson on 6/12/07. (Tomlinson, A.) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

PACER
58

ORDER denying 53 Defendants' Motion for Extension of Time to Exchange Expert Reports and setting telephone status conference for June 29, 2007 at 11:45 a.m. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 6/25/07. (Tomlinson, A.) (Entered: 06/25/2007)

June 25, 2007

June 25, 2007

PACER
59

Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephone Status Conference held on 7/2/2007. SCHEDULING: A telephone conference will be held on Friday, July 6, 2007 at 12 p.m. Plaintiffs' counsel is to initiate the call. THE FOLLOWING RULINGS WERE MADE: This conference was scheduled to discuss the issue of the actual exchange of expert reports and rebuttal reports, among other things, based upon my June 25, 2007 Order. After discussions with the parties, I have issued a number of directives which are contained in the attached Order. Ordered by Judge A. Kathleen Tomlinson on 7/3/07. (Tomlinson, A.) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
60

TRANSCRIPT of Status Conference held on 6/12/07 before Judge A. Kathleen Tomlinson. Court Transcriber: Ruth Ann Hager, Typewrite Word Processing Service. (Puma, Christine) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

PACER
61

Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 7/6/2007. THE FOLLOWING RULINGS WERE MADE: 1. The inspection of the work premises by experts for both sides will take place on July 13, 2007 beginning at 2 p.m. 2. The deposition of Lori Conklin will be held on July 13 beginning promptly at 9 a.m. and will conclude prior to the scheduled 2 p.m. inspection. 3. The expert reports will be exchanged between the parties by e-mail or fax on or before the close of business on July 31, 2007. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 7/6/07. (Tomlinson, A.) (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

PACER
62

CONSENT to become party in a class action. by Helen Ebbert (Goodman, Janice) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

PACER
63

CONSENT to become party in a class action. by Helen Ebbert (Goodman, Janice) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

PACER
64

ELECTRONIC NOTICE: The Court is scheduling oral argument on August 2, 2007 at 4:30 P.M. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this oral argument. Counsel should notify the Court no less then 48 hours in advance of the oral argument if it presents any conflicts. (Innelli, Michael) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

PACER
65

Letter by Helen Ebbert (Goodman, Janice) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

PACER
66

CONSENT to become party in a class action. by Helen Ebbert (Goodman, Janice) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
68

Minute Entry for proceedings held before Hon. Frederic Block: Oral argument held on 8/9/2007. Counsel for parties present. Case called. All counsel present. Motion argued. Decision placed on the record. Written Order will follow. (Court Reporter Victoria Torres-Butler) (Abdallah, Fida) (Entered: 08/14/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
67

MEMORANDUM & ORDER: Plaintiff's 22 Motion to Certify Class is granted. See document for complete ruling and further details. Ordered by Judge Frederic Block on 8/9/2007. (c/m-chambers) (Lee, Tiffeny) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

RECAP
69

Letter by Helen Ebbert (Goodman, Janice) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

PACER
70

Letter by Helen Ebbert (Attachments: # 1 # 2 # 3 # 4) (Goodman, Janice) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
71

Letter in Opposition to Plaintiffs' Notice of Collective Action and Proposed Order by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Notice# 5 PCO Opt-in Form# 6 PCOS Opt-in Form) (Rogers, Jennean) (Entered: 08/28/2007)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Proposed Notice

View on PACER

6 PCO Opt-in Form

View on PACER

7 PCOS Opt-in Form

View on PACER

Aug. 28, 2007

Aug. 28, 2007

PACER
72

Letter in reply re: Plaintiffs' Notice of Collective Action by Helen Ebbert (Eisenberg, Herbert) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
73

Letter regarding plaintiff's August 30,2007 communication with the court by New York State Department of Civil Service, Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi (Chartan, Lauren) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
74

CONSENT to become party in a class action. by Helen Ebbert (Goodman, Janice) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
75

First MOTION in Limine to Preclude Expert Evidence by all plaintiffs. (Eisenberg, Herbert) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
76

RESPONSE in Opposition re 75 First MOTION in Limine to Preclude Expert Evidence filed by all defendants. (Famighetti, Peter) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
77

MOTION in Limine by all plaintiffs. (Eisenberg, Herbert) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
78

AFFIDAVIT in Support re 75 First MOTION in Limine to Preclude Expert Evidence filed by all plaintiffs. (Eisenberg, Herbert) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
79

REPLY to Response to Motion re 75 First MOTION in Limine to Preclude Expert Evidence filed by all plaintiffs. (Eisenberg, Herbert) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
80

AFFIDAVIT in Support re 75 First MOTION in Limine to Preclude Expert Evidence filed by all plaintiffs. (Eisenberg, Herbert) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
81

EXHIBITS 1-2 by Frances Kamerer, Lori Conklin, Helen Ebbert, Pamela Edwards, Isabella Minneci, Wendy Muro. Filed in hard copy. Related document: 78 Affidavit in Support of Motion filed by Helen Ebbert, Wendy Muro, Frances Kamerer, Pamela Edwards, Lori Conklin, Isabella Minneci. (Brucella, Michelle) (Entered: 10/02/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
82

Letter requesting pre-motion conference by New York State Department of Civil Service, Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi (Chartan, Lauren) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
83

CONSENT to become party in a class action. by Helen Ebbert (Goodman, Janice) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
84

Letter re: summary judgement conference sought by defendants by Helen Ebbert (Eisenberg, Herbert) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER
85

Minute Entry for proceedings held before A. Kathleen Tomlinson: Motion Hearing held on 10/29/2007 re 75 First MOTION in Limine to Preclude Expert Evidence filed by Helen Ebbert, Wendy Muro, Frances Kamerer, Pamela Edwards, Lori Conklin, Isabella Minneci. THE FOLLOWING RULINGS WERE MADE: Today, I heard oral argument on Plaintiffs' motion to preclude the testimony of Defendants' expert witness, Dr. Gerald Barrett. Decision is RESERVED. Defense counsel states that she plans to file a Daubert motion challenging the qualifications of Plaintiffs' expert, Professor Lundquist. I advised the parties that such a motion must be fully briefed and filed with the Court no later than December 7, 2007. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 10/29/07. (Cass, Luke) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
86

Letter by Helen Ebbert (Attachments: # 1 # 2) (Goodman, Janice) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

PACER
87

Letter reflecting briefing schedule for defendants' Daubert motion by Nassau County (Chartan, Lauren) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

PACER
88

ELECTRONIC NOTICE: A pre motion conference is schedule for January 4, 2008 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then notify the Court which conducts these conference on Fridays at 11AM. (Innelli, Michael) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

PACER
89

Letter MOTION to Adjourn Conference on Consent by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Chartan, Lauren) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
90

MEMORANDUM in Opposition by Helen Ebbert. (Attachments: # 1 Affidavit) (Goodman, Janice) (Entered: 12/07/2007)

2 Affidavit

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Dec. 7, 2007

Dec. 7, 2007

PACER
91

MOTION to Strike Plaintiff's Expert Report and Rebuttal Report and to Preclude Dr. Lunquist's Testimony at Trial by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Attachments: # 1 Declaration in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, Pages 1-35, # 5 Exhibit C, Pages 136-240, # 6 Table of Content & Table of Authorities, # 7 Memorandum of Law in Support of Motion) (Rogers, Jennean) (Entered: 12/07/2007)

2 Declaration in Support of Motion

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C, Pages 1-35

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6 Exhibit C, Pages 136-240

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7 Table of Content & Table of Authorities

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8 Memorandum of Law in Support of Motion

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Dec. 7, 2007

Dec. 7, 2007

PACER
92

REPLY to Response to Motion re 91 MOTION to Strike Plaintiff's Expert Report and Rebuttal Report and to Preclude Dr. Lunquist's Testimony at Trial filed by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Rogers, Jennean) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
93

Minute Entry for proceedings held before Senior Judge Frederic Block:Pre Motion Conference held on 1/18/2008. Counsel for plaintiff present. Counsel for defendants participates by telephone. Counsel's motion discussed. Counsel to file their motions according to Judge Block's Rules. (Lee, Tiffeny) (Entered: 01/22/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
94

Letter regarding summary motion schedule by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi (Chartan, Lauren) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

PACER
95

First MOTION for Leave to File Excess Pages and notification as to revised briefing schedule by New York State Department of Civil Service, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Chartan, Lauren) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

PACER
96

Letter by Helen Ebbert (Goodman, Janice) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

PACER
97

Letter apprising Court of amended Summary Judgment schedule by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi (Chartan, Lauren) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
98

MEMORANDUM in Opposition to Defendants' motion for summary judgment filed by all plaintiffs. (Eisenberg, Herbert) (Entered: 07/25/2008)

July 25, 2008

July 25, 2008

PACER
99

NOTICE of Change of Change of Address for Herbert Eisenberg by Herbert Eisenberg (Eisenberg, Herbert) (Entered: 07/25/2008)

July 25, 2008

July 25, 2008

PACER
100

MOTION for Summary Judgment by Nassau County, Nassau County Police Department, Nassau County Civil Service Commission, Thomas R. Souzzi. (Attachments: # 1 Declaration in Support of Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I Part, # 11 Exhibit I (Part 2), # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit Z (Part 2), # 30 Exhibit AA, # 31 Exhibit BB, # 32 Exhibit CC, # 33 Exhibit DD, # 34 Exhibit EE, # 35 Exhibit FF, # 36 Exhibit GG, # 37 Exhibit HH, # 38 Rule 56.1 Statement, # 39 Memorandum in Support, # 40 Certificate of Service) (Rogers, Jennean) (Entered: 07/25/2008)

2 Declaration in Support of Motion for Summary Judgment

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I Part

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12 Exhibit I (Part 2)

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13 Exhibit J

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14 Exhibit K

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15 Exhibit L

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16 Exhibit M

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17 Exhibit N

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18 Exhibit O

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19 Exhibit P

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20 Exhibit Q

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21 Exhibit R

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22 Exhibit S

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23 Exhibit T

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24 Exhibit U

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25 Exhibit V

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26 Exhibit W

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27 Exhibit X

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28 Exhibit Y

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29 Exhibit Z

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30 Exhibit Z (Part 2)

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31 Exhibit AA

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32 Exhibit BB

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33 Exhibit CC

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34 Exhibit DD

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35 Exhibit EE

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36 Exhibit FF

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37 Exhibit GG

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38 Exhibit HH

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39 Rule 56.1 Statement

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40 Memorandum in Support

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41 Certificate of Service

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July 25, 2008

July 25, 2008

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 18, 2005

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women employed by the Nassau County Police Department as police communication officers and operators on or any time on or after three or six years prior to the commencement of this action who were paid less than comparably employed men.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nassau County Police Department, County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Equal Pay Act, 29 U.S.C. § 206(d)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 7 million

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Demotion

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

Pay / Benefits

Promotion

Seniority

Discrimination-basis:

Sex discrimination

Affected Gender:

Female