Case: Stocking v. AT&T Corporation

4:03-cv-00421 | U.S. District Court for the Western District of Missouri

Filed Date: May 12, 2003

Closed Date: 2007

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Case Summary

On January 23, 2004, Plaintiff filed an amended complaint under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act, 42 U.S.C. § 2000e et seq. and 2000e(k), against AT&T Corporation in the United States District Court for the Western District of Missouri. The plaintiff, represented by private counsel, was a former AT&T employee and asked the Court for declaratory and injunctive relief, as well as damages, alleging that AT&T's health insurance policy discriminated against women. Specifically, the plaintiff contended that the defendant's health insurance plan, which did not provide prescription contraceptives (birth control) before 2002 and only through the mail after 2002, violated female employees' civil rights.

The action originally started in the U.S. District Court for the District of Kansas, but was transferred to Missouri on May 12, 2003. This is the date on which the docket begins. Originally, there were two plaintiffs on the case, but one dropped out of the litigation. Thus, a single plaintiff carried forth the case.

On September 3, 2004, the Court (Judge Sachs) denied the plaintiff's motion for class certification. In the opinion, the Court barely discussed the requirements for a class-action lawsuit, except to point out typicality. The plaintiff, since the suit began, had stopped taking birth control and was seeking to get pregnant. Therefore, the Court declared that a class could not be certified without a class representative who would have an ongoing interest in the prayed-for relief. The plaintiff wanted to recover her past expenditures on the prescribed contraceptives. The Women's Law project came onto the case as an amicus. After a lengthy discovery period, the Court made another ruling.

On June 7, 2006, the Court (Judge Sachs) granted the plaintiff's motion for class certification as to the damages in the complaint. The class was comprised of female employees of AT&T, who paid for their own prescription contraception from the dates of October 31, 2001 to July 2, 2002. The Court did not certify the claims for injunctive or declaratory relief because as of 2002, the health insurance provider covered birth control through mail order. While the cost of the plaintiff's potential recovery was relatively small, $68.07, the class action potential in the litigation, given AT&T's size made both parties fight vigorously. According to the docket, neither side was content with this decision. The plaintiff wanted the period of time for damages claims to be extended, and the defendant did not approve of the decision at all. Ultimately, the plaintiffs filed an appeal.

On June 1, 2007, the United States Court of Appeals for the Eighth Circuit issued a preliminary judgment to the District Court (Judge Sachs). The Circuit Court advised the District Court to review the findings of another recent case, In Re Union Pacific Railroad Employment Practices Litigation, 479 F.3d 936 (8th Cir. 2007). This case featured a ruling that was fundamentally at odds with the decision of the District Court on June 7, 2006.

On October 22, 2007, the District Court (Judge Sachs) vacated its previous decision, and ordered a decision in favor of the defendant. The case was closed the next day on October 23, 2007.


4:03-cv-00421	Docket	May 12, 2003	May 12, 2003 Docket
40 4:03-cv-00421	First amended complaint	Jan. 23, 2004	Jan. 23, 2004 Complaint 2004 U.S.Dist.LEXIS 9181
55 03-00024	Order Denying Class Certification without Prejudice	Sept. 3, 2004	Sept. 3, 2004 Order/Opinion 233 F.R.D. 522
126 4:03-cv-00421	Order granting class certification	June 7, 2006	June 7, 2006 Order/Opinion 436 F.Supp.2d 1014
159 4:03-cv-00421	Order vacating previous judgment and granting case in favor of defendant	Oct. 22, 2007	Oct. 22, 2007 Order/Opinion 2007 WL 3071825

ECF Number	Date	Description	Link
20	May 12, 2003	CASE TRANSFERRED IN from District of Kansas; Case Number 03-2028-CM. Original file with documents numbered 1-19, certified copy of transfer order and docket sheet received. filed by Rex A Sharp on behalf of Jane Lund, Susan Stocking. (Attachments: # 1 Docket Sheet# 2 Civil Cover Sheet)(Henson, Tanya) (Additional attachment(s) added on 9/17/2014: # 3 Original file) (Crespo, Wil). Modified on 9/17/2014 (Crespo, Wil). The original file, which was originally referred to in the docket entry, was scanned and attached to the filing on 9/17/14. There is no file to this filing being kept in the Clerk's Office. (Entered: 05/14/2003) 1 Docket Sheet View on PACER 2 Civil Cover Sheet View on PACER 3 Original file View on PACER	RECAP
21	May 14, 2003	Notice of EAPADMIN was mailed to all parties. (Henson, Tanya) (Entered: 05/14/2003)	RECAP
22	May 27, 2003	ANSWER to Complaint Answer of Defendant AT&T Corporation to Plaintiffs' Original Class Action Complaint filed by Brian N. Woolley on behalf of Defendant AT&T Corporation.(Woolley, Brian) (Entered: 05/27/2003)	RECAP
23	June 2, 2003	DISCLOSURE OF CORPORATE INTERESTS Defendant's Certificate of Interest filed by Brian N. Woolley on behalf of Defendant AT&T Corporation.(Woolley, Brian) (Entered: 06/02/2003)	RECAP
24	June 2, 2003	Motion and Order to appear pro hac vice granting appearance of Attorney Marcia Nelson Jackson for AT&T CorporationFee paid; receipt number 207009. (Beard, Melanie) (Entered: 06/03/2003)	RECAP
25	June 2, 2003	Motion and Order to appear pro hac vice granting appearance of Attorney Laura M. Franze for AT&T CorporationFee paid; receipt number 207008. (Beard, Melanie) (Entered: 06/03/2003)	RECAP
26	Sept. 2, 2003	MOTION to certify class filed by Rex A Sharp on behalf of all plaintiffs Suggestions in opposition/response due by 9/17/2003 (Sharp, Rex) Modified on 9/3/2004 to terminate pending deadlines (Beard, Melanie). (Entered: 09/02/2003)	RECAP
27	Sept. 2, 2003	SUGGESTIONS in support re 26 MOTION to certify class filed by Rex A Sharp on behalf of Plaintiffs Jane Lund, Susan Stocking. (Attachments: # 1 Index # 2 Exhibit A# 3 Exhibit B)(Related document(s) 26 ) (Sharp, Rex) (Entered: 09/02/2003) 1 Index View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER	RECAP
28	Sept. 15, 2003	Joint MOTION for extension of time to file response/reply as to 26 MOTION to certify class, 27 Suggestions in Support of Motion filed by Brian N. Woolley on behalf of AT&T Corporation Suggestions in opposition/response due by 9/30/2003 (Related document(s) 26, 27 ) (Woolley, Brian) (Entered: 09/15/2003)	RECAP
29	Sept. 16, 2003	NOTICE OF PRETRIAL PROCEDURE signed by Judge Howard F. Sachs on 9/16/2003. The parties shall file a Proposed Scheduling Order by 10/22/2003. (Moritz, Julie) (Entered: 09/16/2003)	RECAP
30	Sept. 16, 2003	ORDER granting the parties' joint motion for extension of time to respond to plaintiffs' motion for class certification (Doc. 28) signed by Judge Howard F. Sachs on 9/16/2003. See Order for details. (Moritz, Julie) (Entered: 09/16/2003)	RECAP
31	Sept. 22, 2003	ORDER DEEMING MOTION MOOT. Signed by Michael J. Beck, Clerk of the Panel on 9/22/03. (Kee, Georgia) (Entered: 09/30/2003)	RECAP
32	Oct. 22, 2003	Joint PROPOSED SCHEDULING ORDER Report of Parties' Planning Meeting, and Discovery Plan by AT&T Corporation. (Woolley, Brian) (Entered: 10/22/2003)	RECAP
33	Oct. 30, 2003	SCHEDULING ORDER signed by Judge Howard F. Sachs on 10/30/2003. Discovery is due by 4/30/2004. Dispositive Motions are due by 5/25/2004. Because of the class certification issue it is premature to schedule a trial date. (Moritz, Julie) (Entered: 10/30/2003)	RECAP
34	Nov. 7, 2003	MOTION to dismiss case Without Prejudice as to Plaintiff Jane Lund filed by Sylvester James Jr. on behalf of Jane Lund Suggestions in opposition/response due by 11/24/2003 (James, Sylvester) (Entered: 11/07/2003)	RECAP
35	Nov. 10, 2003	MOTION for extension of time to file response/reply as to 26 MOTION to certify class Defendant's Unopposed Motion for Further Extension of Time in Which to File Opposition to Plaintiffs' Motion for Class Certification filed by Brian N. Woolley on behalf of AT&T Corporation Suggestions in opposition/response due by 11/25/2003 (Related document(s) 26 ) (Woolley, Brian) (Entered: 11/10/2003)	RECAP
36	Dec. 3, 2003	ORDER granting defendant's (Doc. 35) motion for extension of time signed by Judge Howard F. Sachs on 12/3/2003. See Order for details. (Moritz, Julie) (Entered: 12/03/2003)	RECAP
37	Dec. 5, 2003	MOTION to amend/correct 20 Case Transferred In - District Transfer, filed by Sylvester James Jr. on behalf of Jane Lund, Susan Stocking Suggestions in opposition/response due by 12/22/2003 (Attachments: # 1 # 2 # 3)(Related document(s) 20 ) (James, Sylvester) (Entered: 12/05/2003)	RECAP
38	Dec. 11, 2003	ORDER signed by Judge Howard F. Sachs on 12/11/2003. Plaintiff Lund's motion to dismiss without prejudice her separate claims and cause of action against defendant is granted. This action will proceed based on plaintiff Stocking's claims against defendant. (Moritz, Julie) (Entered: 12/11/2003)	RECAP
39	Jan. 15, 2004	ORDER granting plaintiff Susan Stocking's (Doc. 37) motion for leave to file her first amended class action complaint signed by Judge Howard F. Sachs on 1/15/2004. Stocking is to file her first amended class action complaint within 7 days of the date of this order. (Moritz, Julie) (Entered: 01/15/2004)	RECAP
40	Jan. 23, 2004	AMENDED COMPLAINT against AT&T Corporation Service due by 5/24/2004, filed by Sylvester James Jr. on behalf of Susan Stocking. (Attachments: # 1 Exhibit # 2 Exhibit)(James, Sylvester) (Entered: 01/23/2004) 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
41	Feb. 5, 2004	PROPOSED SCHEDULING ORDER First Amended by AT&T Corporation. (Woolley, Brian) (Entered: 02/05/2004)	RECAP
42	Feb. 6, 2004	Defendant AT&T's ANSWER to Amended Complaint (Plaintiff's First Amended Class Action Complaint) filed by Brian N. Woolley on behalf of Defendant AT&T Corporation.(Woolley, Brian) (Entered: 02/06/2004)	RECAP
43	March 31, 2004	MOTION to clarify Defendant's Unopposed Motion to Clarify and Set Dates Certain for Response and Reply to Stocking's Motion for Class Certification filed by Brian N. Woolley on behalf of AT&T Corporation Suggestions in opposition/response due by 4/15/2004 (Woolley, Brian) (Entered: 03/31/2004)	RECAP
44	April 2, 2004	ORDER granting defendant's (Doc. 43) motion to clarify signed by Judge Howard F. Sachs on 4/2/2004. Defendant shall file its suggestions in opposition to plaintiff Stocking's motion for class certification by 4/23/2004. (Moritz, Julie) (Entered: 04/02/2004)	RECAP
45	April 21, 2004	MOTION for leave to file excess pages Defendant's Motion for Leave to Exceed Page Limit filed by Brian N. Woolley on behalf of AT&T Corporation Suggestions in opposition/response due by 5/6/2004 (Woolley, Brian) (Entered: 04/21/2004)	RECAP
46	April 22, 2004	ORDER granting defendant's (Doc. 45) motion for leave to file excess pages signed by Judge Howard F. Sachs on 4/22/2004. (Moritz, Julie) (Entered: 04/22/2004)	RECAP
47	April 23, 2004	SUGGESTIONS in opposition re 26 MOTION to certify class Defendant's Suggestions in Opposition to Plaintiff Susan Stocking's Motion for Class Certification filed by Brian N. Woolley on behalf of Defendant AT&T Corporation. Reply Suggestions due by 5/10/2004. (Related document(s) 26 ) (Woolley, Brian) Additional attachment(s) added on 4/26/2004 (Kee, Georgia). Modified on 4/26/2004 to acknowledge receipt of exhibits in Clerk's Office in 4/23/04(Beard, Melanie). (Additional attachment(s) added on 9/17/2014: # 2 Exhibit 1 thru 4) (Crespo, Wil). Modified on 9/17/2014 (Crespo, Wil). The exhibits, which were originally referred to in the Notice of Exhibit Attachment, were scanned and attached to the filing on 9/17/14. There are no exhibits to this filing being kept in the Clerk's Office. (Entered: 04/23/2004) 1 Notice regarding exhibit attachment View on PACER 2 Exhibit 1 thru 4 View on PACER	RECAP
48	May 19, 2004	MOTION for leave to file Plaintiff's Reply Brief in Support of Class Certification Out of Time filed by Rex A Sharp on behalf of all plaintiffs Suggestions in opposition/response due by 6/3/2004 (Attachments: # 1 Appendix Plaintiff's Reply Brief in Support of Class Certification# 2 Exhibit Exhibit A to Reply Brief# 3 Exhibit Exhibit B to Reply Brief)(Sharp, Rex) (Entered: 05/19/2004) 1 Appendix Plaintiff's Reply Brief in Support of Class Certification View on PACER 2 Exhibit Exhibit A to Reply Brief View on PACER 3 Exhibit Exhibit B to Reply Brief View on PACER	RECAP
49	May 20, 2004	ORDER granting plaintiff's (Doc. 48) motion for leave to file her reply suggestions signed by Judge Howard F. Sachs on 5/20/2004. Plaintiff shall file within 7 days of the date of this order. (Moritz, Julie) (Entered: 05/20/2004)	RECAP
50	May 21, 2004	REPLY SUGGESTIONS to motion re 26 MOTION to certify class filed by Rex A Sharp on behalf of Plaintiffs Jane Lund, Susan Stocking. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 26 ) (Sharp, Rex) (Entered: 05/21/2004) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
51	May 26, 2004	MOTION for leave to file /Defendant AT&T Corp.'s Unopposed Motion for Leave to File a Sur-Reply in Opposition to Plaintiff's Motion for Class Certification filed by Brian N. Woolley on behalf of AT&T Corporation Suggestions in opposition/response due by 6/10/2004 (Attachments: # 1 Exhibit)(Woolley, Brian) (Entered: 05/26/2004) 1 Exhibit View on PACER	RECAP
52	June 17, 2004	ORDER granting defendant's (Doc. 51) motion for leave to file its sur-reply brief in opposition to plaintiff's motion for class certification within 7 days of the date of this Order signed by Judge Howard F. Sachs on 6/17/2004. (Moritz, Julie) (Entered: 06/17/2004)	RECAP
53	June 17, 2004	REPLY SUGGESTIONS to motion re 26 MOTION to certify class Defendant's Sur-Reply in Further Support of Opposition to Plaintiff's Motion for Class Certification filed by Brian N. Woolley on behalf of Defendant AT&T Corporation. (Related document(s) 26 ) (Woolley, Brian) (Entered: 06/17/2004)	RECAP
54	July 29, 2004	Second PROPOSED SCHEDULING ORDER Amended by AT&T Corporation. (Woolley, Brian) (Entered: 07/29/2004)	RECAP
55	Sept. 3, 2004	MEMORANDUM AND ORDER DENYING CLASS CERTIFICATION WITHOUT PREJUDICE signed by Judge Howard F. Sachs on 9/3/2004. (Moritz, Julie) (Entered: 09/03/2004)	RECAP
56	Nov. 8, 2004	AMENDED SCHEDULING ORDER signed by Judge Howard F. Sachs on 11/8/2004. Discovery should be completed by 2/14/2005. Dispositive motions to be filed by 3/11/2005.Because of poential class action issues, it is premature to set a trial date for either action.(Moritz, Julie) (Entered: 11/08/2004)	RECAP
57	Jan. 10, 2005	CERTIFICATE OF SERVICE by all plaintiffs Service of First Set of Interrogatories and First Set of Requests for Documents to Defendant AT&T Corporation filed by Rex A Sharp on behalf of Plaintiffs Jane Lund, Susan Stocking.(Sharp, Rex) (Entered: 01/10/2005)	RECAP
58	Jan. 20, 2005	NOTICE to take deposition of 30(b)(6) Designate filed by Rex A Sharp on behalf of Plaintiffs Jane Lund, Susan Stocking. (Attachments: # 1 Exhibit A)(Sharp, Rex) (Entered: 01/20/2005) 1 Exhibit A View on PACER	RECAP
59	Jan. 26, 2005	MOTION for extension of time to complete discovery filed byBrian N. Woolley on behalf of AT&T Corporation Suggestions in opposition/response due by 2/10/2005 unless otherwise directed by the court (Woolley, Brian) (Entered: 01/26/2005)	RECAP

Case: Stocking v. AT&T Corporation

4:03-cv-00421 | U.S. District Court for the Western District of Missouri

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Docket for: Stocking v. AT&T Corporation

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