Case: Varner v. Illinois State University

1:95-cv-01355 | U.S. District Court for the Central District of Illinois

Filed Date: March 13, 1995

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On March 13, 1995, three female professors employed at Illinois State University ("the University") filed a lawsuit against the University, four officials of the University, the Board of Regents, and the ten members of the board under 42 U.S.C. 1981, Title VII and the Equal Pay Act in the U.S. District Court for the Central District of Illinois. The plaintiffs, represented by private counsel, asked the court for monetary and injunctive relief, claiming that they, as female teaching faculty, ha…

On March 13, 1995, three female professors employed at Illinois State University ("the University") filed a lawsuit against the University, four officials of the University, the Board of Regents, and the ten members of the board under 42 U.S.C. 1981, Title VII and the Equal Pay Act in the U.S. District Court for the Central District of Illinois. The plaintiffs, represented by private counsel, asked the court for monetary and injunctive relief, claiming that they, as female teaching faculty, had been paid less than their male counterparts. They further alleged that the defendants engaged in retaliation against female professors who complained of the defendants' alleged discriminatory employment practices.

On February 16, 1996, the Court (Judge Michael M. Mihm) granted the plaintiffs' motion for class certification, and on April 15, 1996, the three named plaintiffs were designated as class representatives.

Later on, the defendants filed a motion to dismiss any claims based on the Equal Pay Act because the State of Illinois had not consented to suit in federal court and such a suit was therefore prohibited by the Eleventh Amendment. However, on September 24, 1996, the Court (Judge Mihm) denied the motion, holding that the Equal Pay Act was an anti-discrimination measure, and as such, might be viewed as an exercise of Congress' 14th Amendment power, therefore within congressional authority to abrogate a state's sovereign immunity.

The defendants appealed. On July 21, 1998, the 7th Circuit (Judge Joel Flaum) affirmed the district court's opinion, holding that Congress validly abrogated states' 11th Amendment immunity with respect to claims under the Equal Pay Act.

The defendants appealed to the Supreme Court. On January 18, 2000, the Supreme Court remanded the case to the 7th Circuit for further consideration.

On September 6, 2000, the 7th Circuit (Judge Joel Flaum) affirmed the district court's opinion for a second time, holding that Equal Pay Act was valid exercise of congressional authority under 14th Amendment, making 11th Amendment immunity unavailable as defense.

The defendants again appealed to the Supreme Court. However, on June 11, 2001, the Supreme Court denied the defendants' petition.

Thereafter, the parties engaged in lengthy discovery disputes which resulted in countless motions. However, on July 12, 2002, according to the Docket, the parties notified the Court that they had reached a settlement. The terms of the settlement are unknown.

On September 05, 2002, the Court (Judge Mihm) granted the plaintiffs' motion for class decertification. On September 25, 2002, the Court dismissed the case with prejudice.

Summary Authors

Kunyi Zhang (11/20/2010)

People


Judge(s)

Flaum, Joel Martin (Illinois)

Mihm, Michael Martin (Illinois)

Attorneys(s) for Plaintiff

Bellows, Joel J. (Illinois)

Grossman, Wendy A. (Illinois)

Iavarone, Nicholas P. (Illinois)

Kohlhase, William R. (Illinois)

Mills, Martha A. (Illinois)

Sarikas, Thomas E. (Illinois)

Stearney, Ronald A. Jr. (Illinois)

Wing, Rebecca J. (Illinois)

Judge(s)

Flaum, Joel Martin (Illinois)

Mihm, Michael Martin (Illinois)

Attorneys(s) for Plaintiff

Bellows, Joel J. (Illinois)

Grossman, Wendy A. (Illinois)

Iavarone, Nicholas P. (Illinois)

Kohlhase, William R. (Illinois)

Mills, Martha A. (Illinois)

Sarikas, Thomas E. (Illinois)

Stearney, Ronald A. Jr. (Illinois)

Wing, Rebecca J. (Illinois)

Wolf, Marcia (Illinois)

Attorneys(s) for Defendant

Harris, Gregory K. (Illinois)

Herman, David A. (Illinois)

Lynch, John P. (Illinois)

Mester, Mark S. (Illinois)

Posegate, Carol Hansen (Illinois)

Rawlinson, Matthew (Illinois)

Shaw, Erin S. (Michigan)

Smith-Byas, Renee (Illinois)

Other Attorney(s)

Benassi, Patricia Clarke (Illinois)

Seeley, Sharon (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Oct. 16, 2002 Docket
98

Order (defendants motion to dismiss granted in part and denied in part)

986 F.Supp. 1107

Sept. 24, 1996 Order/Opinion
138

Order (Magistrate Judge's Report and Recommendation Accepted in Part)

972 F.Supp. 458

July 30, 1997 Order/Opinion

Appellate Opinion (Held that Congress abrogated states' 11th amendment immunity under the Equal Pay Act)

U. S. Court of Appeals for the Seventh Circuit

150 F.3d 706

July 21, 1998 Order/Opinion

Appellate Opinion (Held that Equal Pay Act was valid exercise of Congressional authority under 14th Amendment)

U. S. Court of Appeals for the Seventh Circuit

226 F.3d 927

Sept. 6, 2000 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Nicholas P. Iavarone, Joel J. Bellows, Laurel G. Bellows, Rebecca J. Wing as attorney(s) for plaintiff Dr Iris I Varner, plaintiff Dr Teresa M palmer, plaintiff Dr Paula J Pomerenke with Rule 39 affidavits (sixteen originals and sixteen copies summons(es issued.) (documents: 1−1 through 1−7) (VB, ilcd) (Entered: 09/14/1995)

March 13, 1995
16

MEMORANDUM IN SUPPORT of motion to dismiss as a party defendant John K Urice; Notice of presentment [15−1] by defendant John K Urice (Exhibits) (VB, ilcd) (Entered: 09/13/1995)

June 9, 1995
17

MOTION by defendants IL State University, Robert W Jefferson, David . Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski to dismiss for improper venue , or in the alternative to transfer (change) venue to the Central District of Illinois (VB, ilcd) Modified on 01/13/1998 (Entered: 09/13/1995)

June 9, 1995
18

MOTION by defendants IL State University, Robert W Jefferson, David . Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski to dismiss Illinois State University and the individual defendants in their personal capacity (exhibits) (VB, ilcd) (Entered: 09/13/1995)

June 9, 1995
29

MEMORANDUM IN SUPPORT of motion to dismiss for improper venue [17−1], of motion to transfer (change) venue to the Central District of Illinois [17−2] by defendants IL State University, Robert W Jefferson, David . Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski (VB, ilcd) (Entered: 09/13/1995)

June 9, 1995
21

RESPONSE by Iris I Varner, Teresa M Palmer, Paula J Pomerenke to motion to dismiss Illinois State University and the individual defendants in their personal capacity (exhibits) [18−1] (VB, ilcd) (Entered: 09/13/1995)

June 30, 1995
22

RESPONSE by plaintiffs Iris I Varner, Teresa M Palmer, Paula J Pomerenke to motion to dismiss for improper venue [17−1], motion to transfer (change) venue to th eCentral District Illinois [17−2] (VB, ilcd) (Entered: 09/13/1995)

June 30, 1995
23

RESPONSE by plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke to motion to dismiss as a party defendant John K Urice; Notice of presentment [15−1] (VB, ilcd) (Entered: 09/13/1995)

June 30, 1995
24

REPLY by IL State University, Robert W Jefferson, David . Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski to response to motion to dismiss Illinois State University and the individual defendants in their personal capacity (exhibits) [18−1] (VB, ilcd) (Entered: 09/13/1995)

July 21, 1995
25

REPLY by defendants IL State University, Robert W Jefferson, David . Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski to response to motion to dismiss for improper venue [17−1], motion to transfer (change) venue to the Central District Illinois [17−2] (VB, ilcd) (Entered: 09/13/1995)

July 21, 1995
26

REPLY by defendant John K Urice to response to motion to dismiss as a party defendant John K Urice; Notice of presentment [15−1] (VB, ilcd) (Entered: 09/13/1995)

July 21, 1995
27

MINUTE ORDER of 8/18/95 by Hon. James B. Zagel: Motion to dismiss as a party defendant John K. Urice [15−1], to dismiss for improper venue [17−1] to dismiss Illinois State University and the individual defendants in their personal capacity [18−1] is granted in part and denied in part. motion to transfer (change) venue to the Central District of Illinois [17−2] is granted. Order cause transferred to the Central District of Illinois at Peoria for the reasons stated in open court. Case transferred to Dist of: Central District of Illinois, terminating case Mailed notice

Aug. 18, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm ; Status hearing re: class certification issue set for 9:00, Wednesday, 9/27/95 via phone. Court to call. (cc: all counsel) (LR, ilcd) (Entered: 09/26/1995)

Sept. 22, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Parties present via phone by attorneys Wing/Harris for Status hearing held at 9:00, Wednesday, 9/27/95. Status hearing set for 8:45, Friday, 10/6/95 via phone. Court to call. (cc: all counsel) (LR, ilcd) (Entered: 09/27/1995)

Sept. 27, 1995
31

MOTION by defendant IL State University, defendant Robert W Jefferson, defendant David . Strand, defendant John K Urice, defendant Thomas P Wallace, defendant Board of Regents, defendant David T Murphy, defendant Carol K Burns, defendant Joseph B Ebbesen, defendant Carl E Kasten, defendant Nancy J Masterson, defendant Patricia A McKenzie, defendant James W Myles, defendant Barbara Scheibling, defendant Niranjan Shah, defendant William Sulakski to withdraw attorney Mark Pollack (LR, ilcd) (Entered: 10/06/1995)

Oct. 4, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Attys Wing/Harris present by phone and ; Status hearing held 8:45 10/6/95 . Further ;Status hearing set 8:45 Thurs 10/12/95 by phone. Court to set up call. Law firm of Jenner &Block is hereby ordered withdrawn as counsel for this case. (cc: all counsel) (CL, ilcd) (Entered: 10/06/1995)

Oct. 6, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm granting motion to withdraw attorney Mark Pollack [31−1] (cc: all counsel) (LR, ilcd) (Entered: 10/06/1995)

Oct. 6, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Attys Wing/Harris present by phone and ; Status hearing held 8:45 10/12/95 re: class certification held with statements by counsel. Each side to split the costs of whatever method is required to acquire the materials re: start date. Said material to be turned over within 14 days. Motion to be filed within 21 days thereafter. Dfts response to be filed 14 days thereafter (11/30/95). , ;Hrg on motions re: class cert /status hearing set 10:00 Friday, 12/8/95 in person in Peoria. ; Court sets Mtn filing ddl of 11/16/95 for filing of Pla's motion (cc: all counsel) (CL, ilcd) (Entered: 10/12/1995)

Oct. 12, 1995
32

TRANSCRIPT of proceedings held on 8/18/95, at 10:00 a.m., before the Honorable James B. Zagel filed (LR, ilcd) (Entered: 10/19/1995)

Oct. 18, 1995
33

MOTION by plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke to extend time to file motion for class certification (VB, ilcd) (Entered: 11/14/1995)

Nov. 13, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm granting motion to extend time to file motion for class certification [33−1]; Motion filing deadline for plaintiffs' to file their motion for class certification is extended to 12/7/95. (cc: all counsel) (VB, ilcd) (Entered: 11/15/1995)

Nov. 15, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. When this Court granted plaintiff's motion to extend time, it inadvertently omitted a new deadline for defendant's response. The defendant will file a written response to the motion to certify the class, if any, no later than 12/21/95. Plaintiff's reply to defendant's response, if any, will be filed no later than 1/3/96. Status hearing previously set at 10:00 Friday, 12/8/95 is cancelled. The Court will reset the hearing, if necessary, at a later date. (cc: all counsel) (VB, ilcd) (Entered: 12/07/1995)

Dec. 7, 1995
34

MOTION by plaintiff to certify class action (SH, ilcd) (Entered: 12/07/1995)

Dec. 7, 1995
35

MOTION by plaintiff for leave to file instanter memorandum in support of Plaintiffs' Motion for Class Certification in excess of 15 pages (SH, ilcd) (Entered: 12/07/1995)

Dec. 7, 1995
36

MEMORANDUM IN SUPPORT of motion to certify class action [34−1] by plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke (VB, ilcd) (Entered: 12/08/1995)

Dec. 8, 1995
37

EXHIBITS TO MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION for plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke stored in file (VB, ilcd) (Entered: 12/08/1995)

Dec. 8, 1995

MINUTE−ENTRY: by Chief Judge Michael M. Mihm setting motion to certify class action [34−1] for Motion hearing at 4:30 Wednesday, 1/17/96 in person in Peoria. (cc: all counsel) (VB, ilcd) (Entered: 12/11/1995)

Dec. 11, 1995
38

MOTION by defendants IL State University, Robert W Jefferson, David . Strand, John K Urice, Thomas P Wallace, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski to reset (reschedule) hearing on motion to certify class action (VB, ilcd) (Entered: 12/26/1995)

Dec. 21, 1995
39

RESPONSE by defendants IL State University, Robert W Jefferson, David Strand, John K Urice, Thomas P Wallace, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski to motion to certify class action [34−1] (VB, ilcd) (Entered: 12/26/1995)

Dec. 21, 1995
40

MEMORANDUM IN SUPPORT of response to motion to certify class action [39−1] by IL State University, Robert W Jefferson, David . Strand, John K Urice, Thomas P Wallace, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski (VB, ilcd) (Entered: 12/26/1995)

Dec. 21, 1995

MINUTE−ENTRY: Pursuant to minute entry dated 12/7/95, reply to response to motion to certify class action, if any, is due no later than 1/3/96. (cc: all counsel) (VB, ilcd) (Entered: 12/26/1995)

Dec. 21, 1995
41

RESPONSE (filed as reply memorandum in support of Plaintiffs' motion for class certification) by plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke [34−1] (LR, ilcd) (Entered: 01/04/1996)

Jan. 3, 1996
42

RESPONSE by plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke to motion to reset (reschedule) hearing on motion to certify class action [38−1] (LR, ilcd) (Entered: 01/04/1996)

Jan. 3, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm granting motion to reset (reschedule) hearing on motion to certify class action [38−1]. The class certification hearing re: motion to certify class action [34−1] will be held at 4:30 Tuesday, 2/6/96 in person in Peoria in Courtroom A. Motion hearing previously set at 4:30 Wednesday, 1/17/96 is CANCELLED. The issues raised in plaintiff's response to the motion to reschedule will be addressed by oral argument at this hearing. (cc: all counsel) (VB, ilcd) (Entered: 01/08/1996)

Jan. 8, 1996
43

MOTION by plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke for order to schedule limited discovery or in the alternative for order to bar testimony of defendants' affiants (VB, ilcd) (Entered: 01/17/1996)

Jan. 16, 1996
44

RESPONSE by defendants IL State University, Robert W Jefferson, David Strand, John K Urice, Thomas P Wallace, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski to motion for order to schedule limited discovery [43−1], motion for order to bar testimony of defendants' affiants [43−2] (VB, ilcd) Modified on 01/30/1996 (Entered: 01/30/1996)

Jan. 24, 1996
46

Clerk's EXHIBIT LIST of hearing held re: class cert (CL, ilcd) Modified on 01/13/1998 (Entered: 02/07/1996)

Feb. 6, 1996
48

TRANSCRIPT of Excerpt from hearing on Motion for Class Certification held on 2/6/96 filed (VB, ilcd) (Entered: 02/22/1996)

Feb. 21, 1996
49

LETTER to Attorneys of Record from Judge Mihm with enclosed proposed Notice to Class Orders. Parties are directed to confer on the relevant dates &return the documents to the Court within 14 days with the stipulated dates written in the blanks. (HK, ilcd) (Entered: 03/07/1996)

March 7, 1996
50

ANSWER TO PLAINTIFFS' COMPLAINT by defendants IL State University, Robert W Jefferson, David . Strand, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski; jury demand (VB, ilcd) (Entered: 03/18/1996)

March 13, 1996
50

AFFIRMATIVE DEFENSES filed by defendants IL State University, Robert W Jefferson, David . Strand, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski (VB, ilcd) (Entered: 03/18/1996)

March 13, 1996
51

ORDER by Chief Judge Michael M. Mihm. Therefore, based on the foregoing, Dr Iris I Varner, Dr Teresa M Palmer, and Dr Paula J Pomerenke are designated as class representatives. Joel J Bellows, Laureal G Bellows, Nicholas P Iavarone, and Rebecca J Wing are designated as counsel for the Class. By 4/30/96 , defendants shall provide a list of the last known addresses of all potential Class members, readable in ASCII comma delimited text. Forty−five days thereafter, by Mtn filing ddl of 5/28/96 , Class counsel shall cause to be mailed in the name of the Clerk by first class mail, postage prepaid, to all Class members who can be identified through reasonable efforts a Notice in substantially the same form as Attachment A. Class members may exclude themselves from the Class by filing with the Clerk of this Court by 7/15/96 a request for exclusion from the class. Class counsel is to arrange for a post office box and to receive and tabulate requests for exclusion. Class counsel will file with the Clerk by 8/1/96 an affidavit identifying the persons to whom the Notice has been mailed and who have not timely requested exclusion. Within 45 days of mailing the Notice of Title VII Claims, Class counsel shall cause to be mailed in the name of the Clerk by first class mail, postage prepaid, to all class members who can be identified through reasonable efforts a Notice of Equal Pay Act Claims in the form approved by this Court. Said Notice shall include a form request for opt−in. Class members may join the Class by filing with the Class counsel by 10/31/96 the form request opt−in. Class counsel is to arrange for a post office box and to receive and tabulate requests for opt−in. Class counsel will file with the Clerk by 11/30/96, an affidavit identifying the persons to whom Notice has been mailed and who have timely requested to opt−in. (cc: all counsel) (VB, ilcd) (Entered: 04/16/1996)

April 15, 1996

MINUTE−ENTRY: CORRECTION TO ORDER ENTERED 4/15/96. CORRECTED IN THAT THE Mtn filing ddl of 6/14/96 for Class counsel shall cause to be mailed in the name of the Clerk by first class mail, postage prepaid, to all class members who can be identified through reasonable efforts a Notice. (VB, ilcd) (Entered: 05/06/1996)

May 6, 1996
52

NOTICE of Pendency of Class Action issued by Clerk and returned to Attorney Rebecca Wing for service (VB, ilcd) (Entered: 05/07/1996)

May 7, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm ; Rule 16 conference set at 1:00p.m. Tuesday, 5/28/96 . Attys to appear in person in Peoria. (cc: all counsel) (CL, ilcd) (Entered: 05/15/1996)

May 14, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Parties present in person by Attorneys Wing/Posegate for Rule 16 conference at 1:00 5/28/96 . Same held. Plaintiff submits proposed opt−in notice. Revised opt−in notice is to be submitted to the court by 6/04/96. Misc ddl of 6/4/96 set. Interrogatories are to served by 6/11/96. If substantial disagreements exist, they are to be brought to the court's attention by 6/25/96. All written discovery and non−expert depositions are due by 11/29/96 . Plaintiffs are to disclose experts by 12/13/96. The deadline on Plaintiffs'expert discovery is 1/17/97. Defendants to disclose experts by 1/24/97. Defendants' expert discovery deadline is 2/21/97. Any limitations on deposition length do not apply to named plaintiffs and defendants. Court also sets Dispositive Motion filing ddl of 3/21/97 . Responses are due by 4/11/97. Replys are due by 4/25/97. Court to set case for Settlement Conference in 12/96 or 01/97. Court sets case for Status hearing at 11:00 am on Friday, 9/6/96 , via phone. Court to call. (cc: all counsel) (ML, ilcd) (Entered: 05/28/1996)

May 28, 1996
53

NOTICE by all defendants of taking depositions of Dr. Iris Varner, Dr. Theresa Palmer, and Dr. Paula Pomerenke on July 16, 1996 (CL, ilcd) (Entered: 06/10/1996)

June 7, 1996
54

MOTION by all defendants for order to prohibit Plaintiffs from using incorrect list for sending out notices (CL, ilcd) (Entered: 06/10/1996)

June 7, 1996
55

MOTION by defendant for expedited hearing re: motion to prohibit #54 (CL, ilcd) (Entered: 06/10/1996)

June 7, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm setting motion for expedited hearing re: motion to prohibit #54 [55−1] at 3:00 Wed 6/12/96, setting motion for order to prohibit Plaintiffs from using incorrect list for sending out notices [54−1] at 3:00 Wed 6/12/96 by phone. Court to set up call . (cc: all counsel) (CL, ilcd) (Entered: 06/11/1996)

June 11, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm granting motion for expedited hearing re: motion to prohibit #54 [55−1] (cc: all counsel) (CL, ilcd) (Entered: 06/12/1996)

June 11, 1996
56

MOTION by all defendants for order for rule to show cause why plaintiff's counsel should not be held in contempt (CL, ilcd) (Entered: 06/12/1996)

June 11, 1996
57

THE EQUAL PAY ACT NOTICE OF PENDENCY OF CLASS ACTION UNDER THE EQUAL PAY ACT by all plaintiffs (CL, ilcd) (Entered: 06/12/1996)

June 12, 1996

MINUTE−ENTRY:by Chief Judge Michael M. Mihm. Attorneys Wing &Hansen−Posegate present via phone for Hearing on Pending Motions. Argument by counsel. Court sets further hearing on Pending Motions on Thursday, 6/20/96 at 1:00pm−in person on the following motions: setting motion for order for rule to show cause why plaintiff's counsel should not be held in contempt [56−1] and motion for order to prohibit Plaintiffs from using list for sending out notices [54−1] and any additional motions, if filed. (cc:all counsel) (HK, ilcd) (Entered: 06/12/1996)

June 12, 1996
58

RESPONSE by plaintiffs to motion for order to prohibit Plaintiffs from using incorrect list for sending out notices [54−1] (LR, ilcd) Modified on 06/14/1996 (Entered: 06/14/1996)

June 13, 1996
59

STIPULATION by parties (LR, ilcd) (Entered: 06/14/1996)

June 13, 1996
60

RESPONSE by plaintiff Iris I Varner, plaintiff Teresa M Palmer, plaintiff Paula J Pomerenke to motion for order for rule to show cause why plaintiff's counsel should not be held in contempt [56−1] (CL, ilcd) (Entered: 06/20/1996)

June 20, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Attorneys Wing/Posegate present in person and motion hearing held. Evidence by Dft. Dft rests. Oral arguments by counsel. Court is granting motion for order to prohibit Plaintiffs from using incorrect list for sending out notices [54−1]. No further notice will be sent until the Court can make further determination as to who will be included in the Class and receive the notice. Plaintiff to file brief as to her view of who should be included in the class by 7/8/96; response to be filed by 7/22/96. Court is further granting motion for order for rule to show cause why plaintiff's counsel should not be held in contempt [56−1]. Court finds Attorneys Rebecca Wing/Nicholas Iavarone/Laurel Bellows &Joel Bellows to be in Contempt of Court. Parties may purge themselves of contempt by doing the following: 1) By paying cost of amended notice and 2) by paying atty fees and costs associated with this hearing. Plaintiff's motion for reconsideration to be filed by 7/8/96. Motion hearing/ Pretrial conference set 2:30 Fri 7/26/96 in person in Peoria. Contempt is STAYED pending decision on motion for reconsideration. (cc: all counsel) (CL, ilcd) (Entered: 06/21/1996)

June 20, 1996
61

TRANSCRIPT of proceedings of hearing held 6/20/96 filed (CL, ilcd) (Entered: 06/25/1996)

June 25, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm Motion hearing/ Pretrial conference previously set 7/26/96 at 2:30 is reset 3:00 Freiday, 7/26/96 This is a change in time only. Parties to appear in person. (cc: all counsel) (CL, ilcd) (Entered: 07/01/1996)

June 28, 1996
62

MOTION by plaintiffs counsel Bellows, Bellows, Iavarone &Wing for reconsideration of the order finding them in contempt (CL, ilcd) (Entered: 07/09/1996)

July 8, 1996
63

MEMORANDUM IN SUPPORT of motion for reconsideration of the order finding them in contempt [62−1] by plaintiffs attorneys (CL, ilcd) (Entered: 07/09/1996)

July 8, 1996
64

ATTORNEY APPEARANCE for respondent Joel J Bellows, respondent Laurel G Bellows, respondent Nicholas P Iavarone, respondent Rebecca J Wing by William R. Kohlhase (CL, ilcd) (Entered: 07/09/1996)

July 8, 1996
65

BRIEF FILED by plaintiffs Iris I Varner, Teresa M Palmer, Paula J Pomerenke in support of inclusion of non−tenure track faculty in class definition (CL, ilcd) (Entered: 07/09/1996)

July 8, 1996
66

MOTION by plaintiffs Iris I Varner, Teresa M Palmer, Paula J Pomerenke for order to add John K Urice Vice−President and Provost of Illinois State University as defendant (VB, ilcd) (Entered: 07/15/1996)

July 15, 1996
67

MOTION by plaintiffs Iris I Varner, Teresa M Palmer, Paula J Pomerenke for protective order (VB, ilcd) (Entered: 07/15/1996)

July 15, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Before the court is Plaintiff's motion for protective order [67−1]. After reviewing the motion, this Court finds no reason to delay the scheduled depositions. The motion for protective order is therefore denied. (cc: all counsel) (CL, ilcd) (Entered: 07/16/1996)

July 15, 1996
68

BRIEF/MEMORANDUM OF LAW FILED by defendant regarding definition of the class certified in this proceed as order by the Court [0−0] (CL, ilcd) (Entered: 07/23/1996)

July 22, 1996
69

RESPONSE by defendant to motion for reconsideration of the order finding them in contempt [62−1] (CL, ilcd) (Entered: 07/23/1996)

July 22, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Attys Wing/Laurel Bellows/Joel Bellows/Kohlhase/Posegate present in person and pretrial conference held 3:00 7/26/96 with oral arguments by counsel. Court is granting motion for order to add John K Urice Vice−President and Provost of Illinois State University as defendant [66−1]. John K. Urice is to be added as party Dft. Plaintiff to submit voluntary dismissal re: related case 96−1355. Court is denying motion for reconsideration of the order finding them in contempt [62−1]. Courts previous finding of contempt remains but is amended in that contempt is entered only as to Atty. Joel Bellows and is vacated as to Attys. Wing/Iavarone and Laurel Bellows. Plaintiff is to submit additional pleadings re: who should be included in class within 28 days or by misc ddl of 8/23/96 . Dfts to respond by 9/6/96. Further status hearing re: class is set at 10:00 a.m. Thurs 9/19/96 by phone. Court to set up call. Status hearing previously set 9/6/96 is CANCELLED. (cc: all counsel) (CL, ilcd) (Entered: 07/29/1996)

July 26, 1996
70

MOTION by plaintiffs for order for leave to appear as additional counsel by Atty William Kohlhase (CL, ilcd) (Entered: 07/31/1996)

July 31, 1996
71

MOTION by defendants to dismiss (LR, ilcd) (Entered: 08/15/1996)

Aug. 14, 1996
72

MEMORANDUM IN SUPPORT of motion to dismiss [71−1] by defendants (LR, ilcd) (Entered: 08/15/1996)

Aug. 14, 1996
73

MOTION by plaintiff to extend time re: discovery deadlines (filed as motion for modification of scheduling order) (CL, ilcd) (Entered: 08/20/1996)

Aug. 19, 1996
74

MOTION by plaintiffs to compel discovery and for leave to serve additional interrogatories (CL, ilcd) (Entered: 08/20/1996)

Aug. 19, 1996
75

MOTION by plaintiffs to extend time within which to file additional pleadings regarding whether non−tenure faculty should be included in the class (SH, ilcd) (Entered: 08/26/1996)

Aug. 22, 1996
76

RESPONSE by defendant to motion to extend time within which to file additional pleadings regarding whether non−tenure faculty should be included in the class [75−1] (CL, ilcd) (Entered: 08/29/1996)

Aug. 27, 1996
77

NOTICE by defendant of taking deposition of Dr. Iris Varner on Sept 6, 1996 (CL, ilcd) Modified on 09/20/1996 (Entered: 08/29/1996)

Aug. 27, 1996
78

NOTICE by defendants of taking deposition of Dr. Theresa Palmer on August 29, 1996 (CL, ilcd) (Entered: 08/29/1996)

Aug. 27, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm granting motion to extend time within which to file additional pleadings [75−1]. Plaintiff's memorandum regarding whether non−tenure track employees should be included in the class must be filed by misc ddl of 9/3/96 (cc: all counsel) (CL, ilcd) (Entered: 08/29/1996)

Aug. 29, 1996
79

MOTION by plaintiffs Iris I Varner, Teresa M Palmer, Paula J Pomerenke for leave to file reply instanter (FAXED COPY) (VB, ilcd) Modified on 09/04/1996 (Entered: 08/30/1996)

Aug. 29, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm granting motion for leave to file reply instanter [79−1] (cc: all counsel) (VB, ilcd) (Entered: 08/30/1996)

Aug. 29, 1996
80

REPLY by Iris I Varner, Teresa M Palmer, Paula J Pomerenke to response to motion to extend time re: discovery deadlines [73−1] (VB, ilcd) (Entered: 09/04/1996)

Aug. 30, 1996
81

MOTION by plaintiff to vacate prior order and for extension of time (CL, ilcd) (Entered: 09/04/1996)

Sept. 3, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Attys Bellows/Wing/Posegate present by phone and status conference held. Misc ddl of 9/3/96 vacated . Court sets hearing at 2:00 Tues 9/10/96 re: what needs to be done before parties can submit their memos re: whether non−tenure track employees should be included in class. Attys to appear in person in Peoria.(cc: all counsel) (CL, ilcd) (Entered: 09/05/1996)

Sept. 3, 1996
82

TRANSCRIPT of proceedings held 9/3/96 filed (CL, ilcd) (Entered: 09/06/1996)

Sept. 5, 1996
83

RESPONSE by defendant to motion to extend time re: discovery deadlines [73−1] (CL, ilcd) (Entered: 09/09/1996)

Sept. 5, 1996
84

RESPONSE by defendants to motion to compel discovery and for leave to serve additional interrogatories [74−1] (CL, ilcd) (Entered: 09/09/1996)

Sept. 5, 1996
85

RESPONSE by defendants to Plaintiffs Interrogatories Directed to Defendants on the Issue of Non−Tenure Track Faculty (CL, ilcd) (Entered: 09/09/1996)

Sept. 6, 1996
86

RESPONSE by plaintiff to motion to dismiss [71−1] (CL, ilcd) (Entered: 09/10/1996)

Sept. 10, 1996
87

AFFIDAVIT of Gloria−Jeanne Davis (CL, ilcd) (Entered: 09/10/1996)

Sept. 10, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Attys. Kohlhase/Wing/J.Bellows/Posegate present in person and status/motion hearing held 2:00 9/10/96 . Court is granting in part and denying in part the motion to compel discovery and for leave to serve additional interrogatories [74−1]; granting motion to extend time re: discovery deadlines [73−1]; the motion to dismiss [71−1] is submitted 9/10/96. Discovery ddl is extended to 3/1/97 . Court resets Mtn filing ddl of 6/21/97 for filing of dispositive motions. Responses to be filed by 7/11/97 with any reply to be filed by 7/25/97. Court denies the motion to modify the class to include non tenure track employees. The shape of the class will remain as previously ordered. Plaintiffs are ordered to mail additional notice to all of the non class persons who received the original class notice, by 1st class mail with expenses to be paid for by plaintiffs. The hearing previously set for 9/19/96 is VACATED. (cc: all counsel) (CL, ilcd) (Entered: 09/11/1996)

Sept. 10, 1996
88

CERTIFICATE of service re: discovery by plaintiffs (CL, ilcd) (Entered: 09/11/1996)

Sept. 10, 1996
89

RESPONSE/OPPOSITION by defendants to motion to vacate prior order and for extension of time [81−1] (CL, ilcd) (Entered: 09/17/1996)

Sept. 16, 1996
96

MOTION by IL State University, Robert W Jefferson, David Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski for leave to file reply to response to motion to dismiss (HK, ilcd) (Entered: 09/20/1996)

Sept. 18, 1996
90

EMERGENCY MOTION by class plaintiffs to compel discovery and for sanctions (HK, ilcd) (Entered: 09/19/1996)

Sept. 19, 1996

MINUTE−ENTRY: by Chief Judge Michael M. Mihm. Attys. Wing/J. Bellows/Hansen−Posegate present by phone and emergency motion hearing held. Court is granting motion to compel discovery [90−1] over objection and denying motion for sanctions [90−2] Parties to submit proposed order and the signed protective order by Tues monring − 9/24/96.(cc: all counsel) (CL, ilcd) (Entered: 09/19/1996)

Sept. 19, 1996
91

MOTION by Defendants: IL State University, Robert W Jefferson, David Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, James W Myles, Barbara Scheibling, Niranjan Shah, William Sulakski for protective order with respect to personnel files of faculty members (HK, ilcd) (Entered: 09/20/1996)

Sept. 19, 1996
92

MEMORANDUM IN SUPPORT of motion for protective order with respect to personnel retention files [91−1] Defendants: by IL State University, Robert W Jefferson, David Strand, John Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, W Myles, Barbara Scheibling, Niranjan Shah, William Sulaski (HK, ilcd) Modified on 09/20/1996 (Entered: 09/20/1996)

Sept. 19, 1996
93

CERTIFICATE of service re:requeste to produce by IL State University, Robert W Jefferson, David Strand, John K Urice, Thomas P Wallace, Board of Regents, David T Murphy, Carol K Burns, Joseph B Ebbesen, Carl E Kasten, Nancy J Masterson, Patricia A McKenzie, W Myles, Barbara Scheibling, Niranjan Shah, William Sulaski (HK, ilcd) (Entered: 09/20/1996)

Sept. 19, 1996

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: March 13, 1995

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female professors employed at Illinois State University, one of the defendants.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois State University, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1981

Equal Pay Act, 29 U.S.C. § 206(d)

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits