Case: Krueger v. New York Telephone Co.

1:93-cv-00178 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 13, 1993

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 13, 1993, a group of former employees of New York Telephone Company age 40 or older filed a lawsuit under the Age Discrimination in Employment Act ("the ADEA"), the New York Human Rights Law ("the HRL"), and the Employee Retirement Income Security Act of 1974 ("ERISA") against defendants New York Telephone Company ("NYT") and NYNEX Corporation in the U.S. District Court for the Southern District of New York, Foley Square Division. The plaintiffs, represented by private counsel, ask…

On January 13, 1993, a group of former employees of New York Telephone Company age 40 or older filed a lawsuit under the Age Discrimination in Employment Act ("the ADEA"), the New York Human Rights Law ("the HRL"), and the Employee Retirement Income Security Act of 1974 ("ERISA") against defendants New York Telephone Company ("NYT") and NYNEX Corporation in the U.S. District Court for the Southern District of New York, Foley Square Division. The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, compensatory and punitive damages, and other appropriate legal and equitable relief, claiming that defendant NYT unlawfully discharged or otherwise discriminated against them and other similarly situated in the implementation of the NYNEX Force Management Plan ("FMP").

Between October 13, 1992 and December 11, 1992, NYT implemented a reduction in force (the "Fall 1992 RIF") discharging some 600 management employees. The Fall 1992 RIF was implemented in accordance with an approach described in the FMP, a plan designed by NYT's parent, NYNEX Corp. The basic procedure involved the creation of "banding entities" or "bands" comprised of similar employees. Under the FMP, employees within each band were to be evaluated by teams of NYT supervisors on the basis of two categories, "Added Value" and "Performance." Once evaluated, employees were rated as "Maximum, High, Medium, or Low" and ordered by seniority within each rating. The least senior employees with a Low rating was first eligible to be placed "at risk," and more senior employees with Low ratings would follow.

This lawsuit is mainly based on two provisions of the Fall 1992 RIF: First, NYT excluded from the banding process employees who had either (1) been hired within 2 years of the RIF; or (2) received a promotion within the past year; Second, evaluations of banded employees included whether the employee had been awarded an academic degree within the past 2 years. Plaintiffs claimed that because the employees who had been hired within the past 2 years or had received a degree were most likely to be people younger than 40, this was discriminating against older employees.

On July 21, 1993, the district court (Judge McKenna) granted the plaintiffs' motion for an order directing defendants to provide the names and addresses of all potential class members. On September 22, 1995, the district court (Judge Koeltl) granted the plaintiffs' motion for class certification, but denied the plaintiffs' motion to bifurcate the case.

On January 28, 1997, the court approved a settlement reached between the parties. However, because we cannot retrieve the settlement agreement, the details are unknown.

On April 18, 1997, the case was dismissed.

Summary Authors

Kunyi Zhang (9/3/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7418389/parties/krueger-v-new-york-telephone-c/


Judge(s)

Eaton, Douglas F. (New York)

Koeltl, John George (New York)

McKenna, Lawrence M. (New York)

Attorneys(s) for Plaintiff

Dunn, Ronald (New York)

Vladeck, Judith P (New York)

Attorneys(s) for Defendant

Miklave, Matthew Thaddeus (New York)

Schenkel-Savitt, Susan (New York)

Judge(s)

Eaton, Douglas F. (New York)

Koeltl, John George (New York)

McKenna, Lawrence M. (New York)

Attorneys(s) for Plaintiff

Dunn, Ronald (New York)

Vladeck, Judith P (New York)

Attorneys(s) for Defendant

Miklave, Matthew Thaddeus (New York)

Schenkel-Savitt, Susan (New York)

Documents in the Clearinghouse

Document

1:93-cv-00178

Docket

March 23, 1998

March 23, 1998

Docket
1

1:93-cv-00178

Complaint

Jan. 13, 1993

Jan. 13, 1993

Complaint
32

1:93-cv-00178

Memorandum and Order (Motion to Furnish Name and Address Granted)

July 21, 1993

July 21, 1993

Order/Opinion
81

1:93-cv-00178

Opinion and Order (Class Action Certified)

Oct. 2, 1995

Oct. 2, 1995

Order/Opinion
80

1:93-cv-00178

Opinion and Order (Motion to Bifurcate Denied)

Oct. 2, 1995

Oct. 2, 1995

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7418389/krueger-v-new-york-telephone-c/

Last updated Aug. 25, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
146

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
146

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
146

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 183708 (sd) (Entered: 01/14/1993)

Jan. 13, 1993

Jan. 13, 1993

146

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
147

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
147

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
2

Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as complex. Case is designated to Magistrate Judge Lee. (sd) (Entered: 01/14/1993)

Jan. 14, 1993

Jan. 14, 1993

147

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
147

Sealed Document Attorney Notice to Retrieve

July 12, 2018

July 12, 2018

PACER
148

Sealed Document Retrieved

July 24, 2018

July 24, 2018

PACER
3

STIPULATION and ORDER, reset answer due for 4/5/93 for NYNEX, for New York Telephone Co....So Ordered. ( signed by Judge Peter K. Leisure ). (sc) (Entered: 02/04/1993)

Feb. 3, 1993

Feb. 3, 1993

148

Sealed Document Retrieved

July 24, 2018

July 24, 2018

PACER
148

Sealed Document Retrieved

July 24, 2018

July 24, 2018

PACER
148

Sealed Document Retrieved

July 24, 2018

July 24, 2018

PACER
149

Sealed Document Disposed

July 24, 2018

July 24, 2018

PACER

Pre−trial conference held by PKL (mk) (Entered: 03/02/1993)

Feb. 26, 1993

Feb. 26, 1993

149

Sealed Document Disposed

July 24, 2018

July 24, 2018

PACER
149

Sealed Document Disposed

July 24, 2018

July 24, 2018

PACER
149

Sealed Document Disposed

July 24, 2018

July 24, 2018

PACER
150

Sealed Document Attorney Notice to Retrieve

Aug. 29, 2018

Aug. 29, 2018

PACER
4

NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members , and authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice , Return date 4/5/93 (mk) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

150

Sealed Document Attorney Notice to Retrieve

Aug. 29, 2018

Aug. 29, 2018

PACER
150

Sealed Document Attorney Notice to Retrieve

Aug. 29, 2018

Aug. 29, 2018

PACER
150

Sealed Document Attorney Notice to Retrieve

Aug. 29, 2018

Aug. 29, 2018

PACER
151

Sealed Document Disposed

Oct. 1, 2018

Oct. 1, 2018

PACER
151

Sealed Document Disposed

Oct. 1, 2018

Oct. 1, 2018

PACER
5

MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer in support of [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (mk) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

151

Sealed Document Disposed

Oct. 1, 2018

Oct. 1, 2018

PACER
151

Sealed Document Disposed

Oct. 1, 2018

Oct. 1, 2018

PACER
6

STIPULATION and ORDER, reset answer due for 4/19/93 for NYNEX, for New York Telephone C ( signed by Judge Peter K. Leisure ). (mk) (Entered: 03/31/1993)

March 31, 1993

March 31, 1993

7

STIPULATION and ORDER, Response to motion reset to 4/8/93 [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, reset to 4/8/93 [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice , Reply to Response to Motion reset to 4/19/93 [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, reset to 4/19/93 [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice , Return date reset to Return date reset to 4/19/93 [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, Return date reset to 4/19/93 [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice ( signed by Judge Peter K. Leisure ). (cd) (Entered: 04/06/1993)

April 6, 1993

April 6, 1993

8

Filed Memo_Endorsement on letter by Mattew T. Miklave, dated 4/6/93, to Judge McKenna re: request an extension of time to file their Opposition and suggest the matter be addressed by the parties on April 9.... Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 04/14/1993)

April 8, 1993

April 8, 1993

Pre−trial conference held before Judge McKenna. (ys) (Entered: 04/13/1993)

April 9, 1993

April 9, 1993

10

MEMORANDUM AND ORDER,... Plaintiffs are to file all motions regarding the collective nature of these actions or for class certification by April 16, 1993; , and The Court will hear oral argument and hold a conference on May 21, 1993 at 9:30 a.m. , and Pending the conference to be held on May 21, 1993, all parties in both cases shall serve copies of all papers on all other parties in both cases. , and Pending the conference to be held on May 21, 1993, ....This order does not constitute a consolidation of these cases. All issues regarding complete or partial consolidation are reserved. So Ordered: ( signed by Judge Lawrence M. McKenna ); Copies mailed (ys) (Entered: 04/16/1993)

April 13, 1993

April 13, 1993

9

Notice of reasgmnt _ to Judge Lawrence M. McKenna Copy of notice and judge's rules mailed to Attorney(s) of record: Judith P. Vladeck . (jl) (Entered: 04/15/1993)

April 15, 1993

April 15, 1993

11

STIPULATION and ORDER, reset answer due for 4/23/93 for NYNEX, for New York Telephone C. So Ordered: ( Signed by Judge McKenna). (ys) Modified on 04/21/1993 (Entered: 04/21/1993)

April 20, 1993

April 20, 1993

12

Filed Memo_Endorsement on letter by Judith P. Vladeck, dated 4/16/93, to Judge McKenna re: We believe that it was intended that paragraph one read: "Plaintiffs are to file all motions for notification of potential members of ADEA collective action by April 16, 1993...." So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 04/26/1993)

April 22, 1993

April 22, 1993

13

NOTICE by New York Telephone C, NYNEX to take deposition of Albert J. Dwyer on 6/15/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993)

April 27, 1993

April 27, 1993

14

NOTICE by New York Telephone C, NYNEX to take deposition of Walter Grabowski on 6/4/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993)

April 27, 1993

April 27, 1993

15

NOTICE by New York Telephone C, NYNEX to take deposition of Carlyle D. Forde on 6/9/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993)

April 27, 1993

April 27, 1993

16

NOTICE by New York Telephone C, NYNEX to take deposition of Francis J. Lupardo on 6/10/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993)

April 27, 1993

April 27, 1993

17

NOTICE by New York Telephone C, NYNEX to take deposition of Evelyn Krueger on 6/3/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993)

April 27, 1993

April 27, 1993

18

NOTICE by New York Telephone C, NYNEX to take deposition of Nicholas T. Bruck on 6/18/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993)

April 27, 1993

April 27, 1993

Pre−trial conference held before Judge McKenna on 4/28/93. (ys) (Entered: 04/29/1993)

April 28, 1993

April 28, 1993

19

ANSWER to Complaint by New York Telephone C, NYNEX by attorney Susan Schenkel−Savitt for defendant NYNEX (ys) (Entered: 05/04/1993)

April 30, 1993

April 30, 1993

20

Rule 9 certificate filed by New York Telephone C, NYNEX. (see 93 cv 179). (ys) Modified on 05/06/1993 (Entered: 05/04/1993)

April 30, 1993

April 30, 1993

21

AFFIDAVIT of Lea P. Davies Re: in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs; Motion to Notivy and Certify the Putative "ADEA Classes" in Krueger, et al. V. New York Telephone Co., 93 civ. 178(LMM) and Carroll, et al. v. New York Telephone Co., 93 civ. 179 (LMM). (ys) (Entered: 05/04/1993)

April 30, 1993

April 30, 1993

23

MEMORANDUM by New York Telephone C, NYNEX in opposition to [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (ys) (Entered: 05/06/1993)

April 30, 1993

April 30, 1993

24

Filed Memo_Endorsement on letter by Debra L. Raskin, dated 5/5/93, to Judge McKenna re: extending time...request that the Court advise us if our understanding is correct at the time that the Carroll plaintiffs' request is addressed. Time to file reply papers is Krueger and Carroll extended to 5/14/93. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 05/07/1993)

May 6, 1993

May 6, 1993

25

REPLY MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer re: in Support of [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (ys) (Entered: 05/19/1993)

May 14, 1993

May 14, 1993

26

AFFIDAVIT of Judith P. Vladeck Re: in Support of [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (ys) (Entered: 05/19/1993)

May 14, 1993

May 14, 1993

27

CERTIFICATE OF SERVICE by Michael B. Ranis... that on May 14, 1993, I caused to be served by hand a copy of the plaintiffs' Reply Memorandum in Support of their motion to Notify the ADEA Class, and Affidavit of Judith P. Vladeck upon attorneys for defendants: Ronald Green, Esq., Epstein, Becker &Green P.C., 250 Park Avenue, New York, New York 10177 and Leonard N. Flamm, Esq., 880 Third Avenue, New York, New York 10017. (ys) (Entered: 05/19/1993)

May 14, 1993

May 14, 1993

28

Filed Memo_Endorsement on letter by Ronald M. Green, dated 5/18/93, to Judge McKenna re: reset oral argument set for 9:15 6/29/93. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 05/24/1993)

May 19, 1993

May 19, 1993

Pre−trial conference held before Judge McKenna on 6/10/93. (ys) (Entered: 06/14/1993)

June 10, 1993

June 10, 1993

29

NOTICE OF MOTION by New York Telephone C, NYNEX for Matthew T. Miklave to appear pro hac vice , Return date 7/13/93 (ys) (Entered: 06/29/1993)

June 29, 1993

June 29, 1993

30

Filed Memo_Endorsement on letter by Mary Beth Hynes, dated 6/24/93, to Judge McKenna re: that the Court permit me to be admitted pro hac vice.... Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 06/30/1993)

June 29, 1993

June 29, 1993

31

Memo endorsed on copy of motion; granting [29−1] motion for Matthew T. Miklave to appear pro hac vice. So Ordered: ( signed by Judge Lawrence M. McKenna ); Copies mailed. (ys) Modified on 07/02/1993 (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

Pre−trial conference held (cd) (Entered: 07/28/1993)

July 14, 1993

July 14, 1993

32

MEMORANDUM &ORDER granting [4−1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, granting [4−2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &class zmembers with respect to the notice, the Carroll pltffs motion is granted in part &denied in part , Defts are ordered to release the names &addresses described above within 15 days of the Court's approval of a class definition , Deft's counsel wil draft a notice of the form &content described above , Pltffs counsel will submit a proposed ntc. with their respective comments to the Court within 7 days of receipt of te proposed notice drafted by defts ( signed by Judge Lawrence M. McKenna ); Copies mailed (mk) (Entered: 07/23/1993)

July 21, 1993

July 21, 1993

34

Filed Memo_Endorsement on letter dated 9/22/93, defts would be willing to submit the proposed response by close of business on 9/24/93 to plntfs comments regarding the proposed class notice ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 09/29/1993)

Sept. 27, 1993

Sept. 27, 1993

35

STIPULATION and ORDER, regarding confidential information during discovery ( signed by Judge Lawrence M. McKenna ). (cd) (Entered: 11/02/1993)

Nov. 1, 1993

Nov. 1, 1993

36

Filed Memo_Endorsement on letter dated 11/23/93, that the attached notice is approved ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 12/01/1993)

Nov. 24, 1993

Nov. 24, 1993

37

ORDER, consolidating cases; 93 cv 178 with 93cv179 and 93cv3606 ( signed by Judge Lawrence M. McKenna ); Copies mailed (cd) (Entered: 06/22/1994)

June 7, 1994

June 7, 1994

Consolidated Lead Case (cd) (Entered: 06/22/1994)

June 7, 1994

June 7, 1994

38

NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). With affidavits of Nicholas T. Bruck, Evelyn Krueger, Steven Hering, Henry Ritz, Francis J. Lupardo, Peter Donahue, Melody R. McGovern, Bernard F. Flanagan, Thomas J. Neville, Stephen Kaczmar, Patricia A. Walbroehl, Paula Behm, Janice Madden &Ronald G. Dunn. Return date 2/10/95 @2:00. (Also filed in #93cv179 LMM) (lam) Modified on 01/13/1995 (Entered: 01/13/1995)

Jan. 11, 1995

Jan. 11, 1995

39

MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer in SUPPORT of [38−1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (also filed in #93cv179 LMM) (lam) Modified on 01/13/1995 (Entered: 01/13/1995)

Jan. 11, 1995

Jan. 11, 1995

40

AFFIDAVIT in SUPPORT of Judith P. Vladeck, atty for by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: [38−1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (also filed in #93cv0179 LMM) (lam) (Entered: 01/13/1995)

Jan. 11, 1995

Jan. 11, 1995

41

Notice of reasgmnt _ to Judge John G. Koeltl Copy of notice and judge's rules mailed to Attorney(s) of record: Matthew T. Miklave, Susan Schenkel−Savitt, Judith P. Vladeck . (dg) (Entered: 03/06/1995)

Feb. 28, 1995

Feb. 28, 1995

42

Filed Memo_Endorsement on letter dated 3/8/95, Response to motion [38−1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). extended 30 days; and for 15 days in response in the Jackson and Hammil cases...the Court will review all pending motions at a conference to be scheduled... ( signed by Judge John G. Koeltl ) (cd) (Entered: 03/27/1995)

March 24, 1995

March 24, 1995

43

AFFIDAVIT of Judith P. Vladeck (pl) (Entered: 03/31/1995)

March 28, 1995

March 28, 1995

44

NOTICE by New York Telephone Company, NYNEX to take deposition upon oral examination of Janice Fanning Madden on 4/12/95, 3:00 p.m. at the offices of Epstein Becker &Green, P.C., 250 Park Avenue, 14th Floor, New York, NY 10177. (ae) (Entered: 04/04/1995)

March 28, 1995

March 28, 1995

46

Filed Memo_Endorsement on letter dated 4/13/95, pretrial conference for 5:00 4/21/95 ( signed by Judge John G. Koeltl ) (cd) (Entered: 04/24/1995)

April 20, 1995

April 20, 1995

Pre−trial conference held (jr) (Entered: 05/09/1995)

April 21, 1995

April 21, 1995

47

ORDER denying [38−1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). ( signed by Judge John G. Koeltl ); Copies mailed (jr) (Entered: 05/09/1995)

May 3, 1995

May 3, 1995

48

Filed Memo−Endorsement on letter from Ronald M. Green to Judge Koeltl dated May 1, 1995, denying defendants' application to submit a responsive brief in excess of 35 pages , Response to motion for class certification reset to 5/5/95; reply to esponse to motion for class certification due 6/19/95 ( signed by Judge John G. Koeltl ) (jr) (Entered: 05/09/1995)

May 3, 1995

May 3, 1995

51

ORDER, set discovery due for 11/1/95 , and set pretrial order due for 12/8/95 , and set pretrial conference for 12/22/95 ( signed by Judge John G. Koeltl ); Copies mailed (jr) (Entered: 05/09/1995)

May 3, 1995

May 3, 1995

49

Filed Memo−Endorsement on letter to Judge Koeltl from Ronald M. Green dated 5/2/95, In Re: writing to request that the Court reconsider its denial of our application to submit a responsive brief in excess of 35 pages.....Application for rearguement denied. No new matters are presented. See Rule 3(j) of the SDNY Civil Rules. Deft had no right simply to ignore the limits or pages in briefs. Moreover, there is no excuse for not having made a timely request in the first instance, or for having failed to ever checked how the Court deposed of this application. The Court has provided additional time to submit a brief with its proper page lengths. ( signed by Judge John G. Koeltl ) (kg) (Entered: 05/09/1995)

May 5, 1995

May 5, 1995

50

Order that the case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement ( signed by Judge John G. Koeltl ) Referred to Magistrate Judge Barbara A. Lee applies to 93cv 179; 93cv3606; 94cv3272; 94cv2208, as well (cd) (Entered: 05/09/1995)

May 5, 1995

May 5, 1995

52

Documents redacted pursuant to prividege or on grounds of non−responsiveness. (ae) (Entered: 05/25/1995)

May 22, 1995

May 22, 1995

53

Documents withheld pursuant to a claim of privilege. (ae) (Entered: 05/25/1995)

May 22, 1995

May 22, 1995

54

AFFIDAVIT in opposition of Ronald M. Green by New York Telephone C, NYNEX Re: [38−1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (ls) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

55

MEMORANDUM by New York Telephone C, NYNEX in opposition to [38−1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (ls) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

56

AFFIDAVIT in support of Judith Stoikov by New York Telephone C, NYNEX Re: [55−1] opposition memorandum (ls) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

57

SUPPLEMENTAL MEMORANDUM by New York Telephone C, NYNEX in opposition to [38−1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (ls) Modified on 05/25/1995 (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

58

Filed Memo_Endorsement on letter by Amy J. Beech to Magistrate Judge Lee dated 5/25/95, Atty Beech is directed to notify all other counsel by fax machine. July 5 is not an available date. Counsel are directed to see up a telephone conference with the undersigned for Tuesday, 5/30/95 or Wednesday, 5/31/95 by telephoning my Courtroom depty Helen Lewis at 637−0108. SO ORDERED: ( signed by Magistrate Judge Barbara A. Lee ) (ae) (Entered: 05/31/1995)

May 30, 1995

May 30, 1995

60

NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer to proceed as a collective action , Return date 6/21/95 (ae) (Entered: 06/06/1995)

May 31, 1995

May 31, 1995

59

Filed Memo_Endorsement on letter by Ronald M. Green to Magistrate Judge Koeltl dated 6/2/95, Reset settlement conference for 10:00 6/26/95. Pre−conference submissions are due no later than 4 p.m. 6/22/95. SO ORDERED: ( signed by Magistrate Judge Barbara A. Lee ) (ae) (Entered: 06/06/1995)

June 2, 1995

June 2, 1995

61

ORDER, the cases have already been referred to MJ Lee for settlement discussions and no reference will be made for the resolution of discovery disputes ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 06/07/1995)

June 5, 1995

June 5, 1995

62

Order of dismissal of Jay C. Johnson with prejudice from the above−captioned lawsuit. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 06/19/1995)

June 13, 1995

June 13, 1995

63

REPLY MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer IN SUPPORT OF pltffs' motion for class certification (ls) (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

64

AFFIDAVIT in support of Julian R. Birnbaum by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: [63−1] reply memorandum (ls) (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

65

AFFIDAVIT of Mia M. Meloni by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: Affvt. of Frank J. Landy, Ph.D sworn to 5/1/95, and documents which were produced by defts. (ls) (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

66

AFFIDAVIT of Janice Fanning Madden by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: Affdvt. of Judith Stoikov, sworn to 5/19/95 and submitted by defts in this action (ls) (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

67

AFFIDAVIT of Janice Fanning Madden by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer (ls) (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/27/1995)

June 26, 1995

June 26, 1995

Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/28/1995)

June 26, 1995

June 26, 1995

69

REPLY MEMORANDUM by The Carroll Pltff's IN FURTHER SUPPORT of their motion to procees as a collective action (ls) (Entered: 07/05/1995)

June 28, 1995

June 28, 1995

68

AFFIDAVIT of Walter Grabowski Re:... his understanding that he as well as the other class representatives, are responsible for the costs associated with this ligigation − and have conributed $500 towards the costs of the litigation. (djc) (Entered: 06/30/1995)

June 30, 1995

June 30, 1995

70

AFFIDAVIT of Evelyn Krueger Re: ...her understanting that she, as well as the other class representatives, are responsible for the costs associated with this litigation. She has contributed $500 towards the costs of the litigation. (lam) (Entered: 07/10/1995)

June 30, 1995

June 30, 1995

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: Jan. 13, 1993

Closing Date: 1997

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs were six former employees of New York Telephone Company age 40 or older.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Telephone Company, Private Entity/Person

NYNEX Corporation, Private Entity/Person

Case Details

Causes of Action:

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: Unknown

Issues

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination