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

Closed Date: Oct. 1, 2018

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, asked…

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 June 7, 1994, Judge McKenna found that this case had common questions of law and fact with two other cases and issued an order to consolidate them: Carroll v. New York Telephone Co. (1:93-cv-00179-JGK) and Manzi v. New York Telephone Co. (1:93-cv-03606-JGK). 1994 WL 260853. 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.

On July 12, 2018, the court notified the attorneys to retrieve sealed materials. On July 24, 2018 and October 1, 2018, the court disposed of the sealed materials.

Summary Authors

Kunyi Zhang (9/3/2010)

Stephanie Chin (3/17/2023)

People

For PACER's information on parties and their attorneys, 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)

Attorney for Plaintiff

Dunn, Ronald (New York)

Attorney for Defendant

Miklave, Matthew Thaddeus (New York)

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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

1993 WL 1993

81

1:93-cv-00178

Opinion and Order (Class Action Certified)

Oct. 2, 1995

Oct. 2, 1995

Order/Opinion

163 F.R.D. 163

80

1:93-cv-00178

Opinion and Order (Motion to Bifurcate Denied)

Oct. 2, 1995

Oct. 2, 1995

Order/Opinion

163 F.R.D. 163

Docket

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

Last updated March 23, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
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

Clearinghouse
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

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

PACER

Pre-trial conference held by PKL (mk)

Feb. 26, 1993

Feb. 26, 1993

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

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

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

PACER
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

PACER
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

PACER

Pre-trial conference held before Judge McKenna. (ys)

April 9, 1993

April 9, 1993

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Pre-trial conference held before Judge McKenna on 4/28/93. (ys)

April 28, 1993

April 28, 1993

PACER
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

PACER
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

PACER
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

PACER
22

AFFIDAVIT of Judith Stoikov, Ph.D. (ys) (Entered: 05/06/1993)

April 30, 1993

April 30, 1993

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Pre-trial conference held before Judge McKenna on 6/10/93. (ys)

June 10, 1993

June 10, 1993

PACER
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

PACER
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

PACER
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

PACER

Pre-trial conference held (cd)

July 14, 1993

July 14, 1993

PACER
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

Clearinghouse
33

Transcript of record of proceedings filed for dates of 7/14/93 (rag) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Consolidated Lead Case (cd)

June 7, 1994

June 7, 1994

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
43

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

March 28, 1995

March 28, 1995

PACER
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

PACER
45

AFFIDAVIT of Norman Mednick, atty for the Carroll pltffs in the consolidated actions Re: to inform the Court about additional individuals who have consented to join this action since 1/13/93, when opt-in Consent to Join forms were last submitted. (Also docketed in case #93cv0179 & #93cv3606). (lam) (Entered: 04/21/1995)

April 14, 1995

April 14, 1995

PACER
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

PACER

Pre-trial conference held (jr)

April 21, 1995

April 21, 1995

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
52

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

May 22, 1995

May 22, 1995

PACER
53

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

May 22, 1995

May 22, 1995

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Settlement conference held before Magistrate Judge Lee. (rag)

June 26, 1995

June 26, 1995

PACER
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

PACER
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

PACER
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

PACER
71

AFFIDAVIT of Janice Fanning Madden Re: [56-1] affidavit (ls) (Entered: 07/11/1995)

June 30, 1995

June 30, 1995

PACER
72

AFFIDAVIT of Janice Fanning Madden by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: (djc) (Entered: 08/31/1995)

Aug. 24, 1995

Aug. 24, 1995

PACER
73

NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer for protective order, and for Bifurcation (djc) (Entered: 08/31/1995)

Aug. 24, 1995

Aug. 24, 1995

PACER
74

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: [73-1] motion for protective order, [73-2] motion and for Bifurcation (djc) (Entered: 08/31/1995)

Aug. 24, 1995

Aug. 24, 1995

PACER
75

MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer in OPPOSITION to defts' Motion to Compel Discovery. (lam) (Entered: 08/31/1995)

Aug. 25, 1995

Aug. 25, 1995

PACER
76

AFFIDAVIT of Janice Fanning Madden, economist (who ananalyzes compensation patterns) by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: NYNEX Compensation. (lam) (Entered: 08/31/1995)

Aug. 25, 1995

Aug. 25, 1995

PACER
77

MEMORANDUM OF LAW by New York Telephone C, NYNEX in support of Motion to Compel Discovery. (djc) (Entered: 09/01/1995)

Aug. 25, 1995

Aug. 25, 1995

PACER
78

REPLY MEMORANDUM by New York Telephone C, NYNEX re: [73-1] motion for protective order, [73-2] motion and for Bifurcation (ls) (Entered: 09/06/1995)

Aug. 28, 1995

Aug. 28, 1995

PACER
79

Case Management Plan in a Standard or Complex Case: 1. Parties shall file simultaneous briefs in the form of cross motions to compel or applications for protective orders with respect to outstanding discovery requested form members of the purported class and consent signers. 2. Such briefs shall be served by 8/23/95, with simultaneous replies served by 8/25/95. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 09/07/1995)

Aug. 28, 1995

Aug. 28, 1995

PACER
80

MEMORANDUM OPINION # 75505 denying [73-2] motion and for Bifurcation granting [73-1] motion for protective order; see document ( Signed by Judge John G. Koeltl ); Copies mailed. (cd) (Entered: 10/03/1995)

Oct. 2, 1995

Oct. 2, 1995

Clearinghouse
81

MEMORANDUM OPINION # 75504, the Krueger plntfs seek to certify a class action withe respect to both the state HRL and ERISA claims, and authorize a collective action with respect to their ADEA claims... ( Signed by Judge John G. Koeltl ); Copies mailed. (cd) (Entered: 10/03/1995)

Oct. 2, 1995

Oct. 2, 1995

Clearinghouse
82

ORDER REFERRING CASE to Dean John Feerick of Fordham Law School as a special master in these matters for the purposes of assisting the parties in settlement discussions. The master's compensation shall be paid by the parties equally. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 12/26/1995)

Dec. 21, 1995

Dec. 21, 1995

PACER
83

ORDER, discovery due for 1/19/96, motion filing deadline for 2/9/96, pretrial order due for 3/1/96, trial ready deadline 3/8/96; See document for other deadlines ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 12/26/1995)

Dec. 21, 1995

Dec. 21, 1995

PACER
84

Filed Memo_Endorsement on letter dated 12/15/95, Dr. Stoikov's supplemental report is to be served by 1/5/96, plntf may take Dr. Stoikov's deposition after she returns and before 1/30/96 ( signed by Judge John G. Koeltl ) (cd) (Entered: 12/29/1995)

Dec. 28, 1995

Dec. 28, 1995

PACER
85

ORDER, Ana Maria Cerrudo is dismissed with prejudice from the above-captioned lawsuit. ( signed by Judge John G. Koeltl ); Copies mailed (kg) (Entered: 01/19/1996)

Jan. 18, 1996

Jan. 18, 1996

PACER

Case closed (kg)

Jan. 18, 1996

Jan. 18, 1996

PACER

Case reopened (closed in error) (kg)

Jan. 18, 1996

Jan. 18, 1996

PACER
86

Filed Memo_Endorsement on letter by Amy J. Becch to Judge Koeltl dated 1/25/96, The requirement to produce all documents intended to be used as trial exhibits by 3/8/96 does not extend to charts and other graphic material for illustrative purposes which are prepared for litigation. The parties should agree on a procedure and timetable for litigation and review to permit mutual verification. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
87

Filed Memo_Endorsement on letter dated 1/22/96, pretrial order due for 1/23/96 ( signed by Judge John G. Koeltl ) (cd) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
88

ORDER, set discovery, including experts due for 3/8/96 ; The deadline for serving & filing dispositive motions is 3/29/96 ; Defts will immediately produce all material used....by their experts to the extent not previously provided ; Pltffs will produce all "damage questionnaires" by 1/19/96 ; By 1/26/96 defts will provide pltffs' counsel with a list of those to be deposed by phone to be conducted bet. 1/29/96 & 2/16/96 ; Pltffs to serve any rebuttal reports to Dr. Perl or Dr. Landy's reports on or before 2/9/96 & depositions of rebuttal experts by 2/23/96 ; Parties to designate any compensatory damages expert by 2/2/96 and serve any report from that expert by 2/9/96, Depositions of experts by 2/16/96 ; Parties to designate any rebuttal compensatory damages expert by 2/16/96, to serve rebuttal report from expert by 3/1/96 and experts to be available for deposition on or before 3/8/96 ; Parties will produce all documents intended for use as trial exhibits by 3/8/96 ; The pltffs reserved the right to make any applications in connection with these examinations. ( signed by Judge John G. Koeltl ) Copies mailed (lam) (Entered: 02/09/1996)

Feb. 7, 1996

Feb. 7, 1996

PACER
89

Filed Memo_Endorsement on letter dated 2/7/96, Response to motion to dismiss by 2/16/96 for plntfs ( signed by Judge John G. Koeltl ) (cd) (Entered: 02/14/1996)

Feb. 7, 1996

Feb. 7, 1996

PACER
90

ORDER, dismissing John W. Erdmann with prejudice from the above-captioned lawsuit. ( signed by Judge John G. Koeltl ); Copies mailed (kg) (Entered: 02/21/1996)

Feb. 20, 1996

Feb. 20, 1996

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: Jan. 13, 1993

Closing Date: Oct. 1, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Public Interest Lawyer: No

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

Available 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 Basis:

Age discrimination

Discrimination Area:

Discharge / Constructive Discharge / Layoff