Civil Rights Litigation Clearinghouse

Case: Mete v. New York State Office of Mental Retardation and Developmental Disabilities, and Cooper v. New York State Office of Mental Health

5:92-cv-00169 | U.S. District Court for the Northern District of New York

Filed Date: Feb. 5, 1992

Closed Date: July 12, 2000

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Case Summary

Introduction This Clearinghouse record summarizes two Age Discrimination in Employment Act (ADEA) cases against two New York State agencies. the Office of Mental Retardation and Developmental Disabilities (OMRDD), and the Office of Mental Health (OMH). We group them together because they were consolidated on appeal. The OMRDD Case On February 5, 1992 several former employees of the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) brought a class action lawsuit …

Introduction

This Clearinghouse record summarizes two Age Discrimination in Employment Act (ADEA) cases against two New York State agencies. the Office of Mental Retardation and Developmental Disabilities (OMRDD), and the Office of Mental Health (OMH). We group them together because they were consolidated on appeal.

The OMRDD Case

On February 5, 1992 several former employees of the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) brought a class action lawsuit against their employer and the New York State Department of Civil Services in the U.S. District Court for the Northern District of New York. Represented by private counsel, they alleged that they were laid off from their roles as managers at the OMRDD because of their age and enacted policies with a disparate impact on older workers, in violation of the ADEA, and that the agency also violated several New York state laws. The case was assigned to U.S. District Judge Neal P. McCurn.

Judge McCurn granted the plaintiff's request for class certification for their ADEA claims in a June 24, 1993 opinion. 1993 WL 226434. The class consisted of:

"All persons, in the present or former employ of Defendant the New York State Office of Mental Retardation and Developmental Disabilities (“OMRDD”), now or hereafter executing and filing written consents to participate and join in this action pursuant to 29 U.S.C. § 216(b), who:

a. were 40 years of age or older on or about September 20, 1989;

b. on or about September 20, 1989, were employed by OMRDD as Chief of Developmental Center Treatment Services (“CDCTS”), Grade 32;

c. were eliminated, demoted, downgraded in employment, subjected to a reduction in force (“RIF”) or forced to retire because of such elimination, demotion, downgrading and/or RIF by OMRDD; and

d. were subjected to such adverse employment action(s) as described in paragraph (c) pursuant to, or in connection with, an RIF that took effect on or about September 20, 1989.”

However, Judge McCurn reserved the question of class certification on the plaintiff's state law claims.

The defendants moved to dismiss and for summary judgment on June 30, 1994. After more than three year of litigation, Judge McCurn granted the defendants' motion to dismiss a New York state law claim, but denied dismissal in all other respects. 984 F.Supp. 125. With respect to the ADEA claim he found that the statute was intended by Congress to abrogate states' immunity from suits under the Eleventh Amendment and, thus, the court had subject matter jurisdiction to hear the case. He also denied the defendants' motion for summary judgment.

The defendants filed a notice of appeal on December 4, 1997.

The OMH Case

Similarly, on November 30, 1993, a single employee of the New York Office of Mental Health (OMH) filed an ADEA lawsuit against his employer and several individual employees in the same district. Represented by private counsel, the plaintiff alleged that he was demoted and terminated because of his age in violation of the ADEA and that OMH's policies and practices had a disparate impact on employees over 60 years old. That case was assigned to U.S. District Judge Frederick J. Scullin, Jr..

After several years of discovery, on November 29, 1995 the defendants moved for summary judgment. Judge Scullin granted that motion with respect to the plaintiff's claim of disparate impact under the ADEA, but not with respect to his claim of disparate treatment on March 31, 1997. 958 F. Supp. 87. The opinion did not address the Eleventh Amendment immunity question. On May 9 and July 28, 1997 the defendants moved to dismiss for lack of subject matter jurisdiction on the basis of Eleventh Amendment immunity and other grounds. Judge Scullin denied these motions orally on September 24, 1997. Because of the age of this case, not all the details for this motion are available.

The defendants filed a notice of appeal from this decision on October 28, 1997.

The Consolidated Cases

On appeal, the Second Circuit consolidated both the OMRDD and OMH cases, along with a third case, from Connecticut, that raised the question of state immunity from ADEA suit under the Eleventh Amendment: Davis v. Board of Trustees of the University of Connecticut, No. 92-CV-370, D. Conn. (Davis is not in the Clearinghouse because it was an individual damage action.) On December 23, 1998, a panel consisting of Circuit Judges Wilfred Feinberg, Amalya L. Kearse, and Chester J. Straub held that states were not immune from suit under the ADEA because Congress had abrogated their Eleventh Amendment immunity from suit in federal court when it enacted the ADEA. 162 F.3d 770. Thus, the district courts had subject matter jurisdiction over the plaintiffs’ ADEA claims. The Second Circuit affirmed all three district court orders being appealed.

The defendants sought Supreme Court review; before that petition was decided, on January 11, 2000, the Court issued an opinion in Kimel v. Florida Board of Regents, 528 U.S. 62 (2000), holding that Congress did not abrogate the states’ sovereign immunity under the Eleventh Amendment when it passed the ADEA and, thus, federal courts had no jurisdiction to hear ADEA damage actions against state employers. The following week, the Court vacated the Second Circuit’s opinion in these cases. 528 U.S. 1110 (2000).

Both the OMRDD and OMH cases were eventually remanded to the district court, where they had been stayed awaiting the final results of the appeals. The OMRDD case was dismissed on July 12, 2000 and the OMH case was dismissed on July 7, 2000.

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Summary Authors

Jonah Hudson-Erdman (6/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/1604938/parties/mete-v-new-york-state-omrdd/

Judge(s)

DiBianco, Gustave Joseph (New York)

Feinberg, Wilfred (New York)

Kearse, Amalya Lyle (New York)

McCurn, Neal Peters (New York)

Scullin, Frederick James Jr. (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Flamm, Leonard N. (New York)

Kinsella, Pauline R (New York)

Saccocio, John R (New York)

Sheehan, William F. (District of Columbia)

Judge(s)

DiBianco, Gustave Joseph (New York)

Feinberg, Wilfred (New York)

Kearse, Amalya Lyle (New York)

McCurn, Neal Peters (New York)

Scullin, Frederick James Jr. (New York)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Flamm, Leonard N. (New York)

Kinsella, Pauline R (New York)

Saccocio, John R (New York)

Sheehan, William F. (District of Columbia)

Vitt, Geoffrey Judd (Vermont)

Attorneys(s) for Defendant

LeCours, Lisa (New York)

Leong, Vincent (New York)

Shapiro, Paul M (Connecticut)

Siegfried, Robert A. (New York)

Other Attorney(s)

Galanter, Seth Michael (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:93-cv-01506	Docket [PACER] Cooper v. New York State Office of Mental Health	July 10, 2000	July 10, 2000 Docket
5:92-cv-00169	Docket Mete v. New York State OMRDD	July 12, 2000	July 12, 2000 Docket
24 5:93-cv-01506	Opinion Cooper v. New York State Office of Mental Health 958 F.Supp. 87	March 31, 1997	March 31, 1997 Order/Opinion
60 5:92-cv-00169	Memorandum Decision and Order Mete v. New York State OMRDD 984 F.Supp. 125	Nov. 6, 1997	Nov. 6, 1997 Order/Opinion
0:97-09433 0:97-09543 0:97-09367	Opinion Cooper v. New York State Office of Mental Health U. S. Court of Appeals for the Second Circuit 162 F.3d 770	Dec. 23, 1998	Dec. 23, 1998 Order/Opinion

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Resources

Title	Description		External URL Date / External URL

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/1604938/mete-v-new-york-state-omrdd/

Last updated June 8, 2022, 3:21 a.m.

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ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed; ; Service deadline 4/6/92 for NYS Dept. of Civil, for New York State OMRDD (bjw) (Entered: 02/05/1992)	Feb. 5, 1992	Feb. 5, 1992 PACER
	Case transferred in from the Eastern District of New York (bjw)	Feb. 5, 1992	Feb. 5, 1992 PACER
	Magistrate Caden has been selected by random selection to handle any matters that may be referred in this case (fce)	Feb. 5, 1992	Feb. 5, 1992 PACER
2	MOTION by NYS Dept. of Civil, New York State OMRDD to Dismiss, and/or to Transfer Case, Hearing set for 9:30 1/24/92 (fce) (Entered: 02/10/1992)	Feb. 5, 1992	Feb. 5, 1992 PACER
3	MEMORANDUM by NYS Dept. of Civil, New York State OMRDD in support of [2-1] motion to Dismiss, [2-2] motion to Transfer Case (fce) (Entered: 02/10/1992)	Feb. 5, 1992	Feb. 5, 1992 PACER
4	Stip/ORDER dated 1/17/92 that matter transferred to the US District Court for the Northern District of NY; defts withdraw [2-1] motion to Dismiss, etc. (signed by Judge I. L. Glasser) (fce) (Entered: 02/10/1992)	Feb. 5, 1992	Feb. 5, 1992 PACER
5	Copy of Docket Sheet from Eastern (Brooklyn) District of New York (fce) (Entered: 02/10/1992)	Feb. 5, 1992	Feb. 5, 1992 PACER
6	STIPULATION & ORDER, extending Answer deadline to 3/20/92 for NYS Dept. of Civil, for New York State OMRDD ( signed by Chief Judge Neal P. McCurn ) (fce) (Entered: 03/19/1992)	March 18, 1992	March 18, 1992 PACER
7	ANSWER to Complaint by New York State OMRDD, NYS Dept. of Civil (Attorney Robert A. Siegfried) (fce) (Entered: 03/26/1992)	March 23, 1992	March 23, 1992 PACER
8	Rule 16 Scheduling Order Issued. Estimated trial length 7 days, Preferred Trial Location: Albany, New York, Ready for trial by 6/1/93, Joining of Parties Deadline 6/7/92 ; Amending of Pleadings Deadline 7/7/92 ; Discovery Deadline 2/1/93 ; Motion Filing Deadline 4/1/93 ( Signed by Chief Judge Neal P. McCurn - 5/18/92 ) (fce) (Entered: 05/19/1992)	May 18, 1992	May 18, 1992 PACER
9	FINAL PRETRIAL ORDER filed, Discovery Deadline 2/1/93 ; Motion Filing Deadline 4/1/93 ; Jury Trial Deadline 10:00 6/2/93 ; Trial location: Albany, New York ( Signed by Chief Judge Neal P. McCurn - 5/18/92 ) (fce) (Entered: 05/19/1992)	May 18, 1992	May 18, 1992 PACER
10	AFFIDAVIT of Leonard N. Flamm, attorney for by John L. Mete, Merrill J. Gottlieb, pursuant to Local Rule 10(k) (fce) (Entered: 01/28/1993)	Jan. 15, 1993	Jan. 15, 1993 PACER
11	ORDER, Referring Case to Magistrate Judge Daniel Scanlon Jr. (signed by Chief Judge Neal P. McCurn, 1/25/93) (fce) (Entered: 01/28/1993)	Jan. 26, 1993	Jan. 26, 1993 PACER
12	AFFIIRMATION OF Robert A. Siegfried, Esq. in response to [10-1] affidavit re: discovery conference (fce) (Entered: 02/02/1993)	Jan. 29, 1993	Jan. 29, 1993 PACER
13	CONSENT TO JOIN by Judith A. Radell as a party pltf. pursuant to 29 U.S.C. 216(b); as instructed by Order dtd 6/23/93 (dmf) (Entered: 08/04/1993)	March 22, 1993	March 22, 1993 PACER
14	MOTION by John L. Mete, Merrill J. Gottlieb to proceed as a class action w/JOINT AFFIDAVIT of John L. Mete and Merrill J. Gottieb; Hearing set for 11:00 5/4/93, Response Deadline 4/20/93, Reply to Response Deadline 4/27/93; Motion returnable before Judge McCurn (fce) (Entered: 04/02/1993)	April 1, 1993	April 1, 1993 PACER
15	MEMORANDUM by John L. Mete, Merrill J. Gottlieb in support of [14-1] motion to proceed as a class action (fce) (Entered: 04/02/1993)	April 1, 1993	April 1, 1993 PACER
16	Scheduling Notice by Deputy Clerk Payne: set Pretrial Conference for 5/4/93 after Motion Calendar in Albany, NY. (lmp) (Entered: 04/12/1993)	April 12, 1993	April 12, 1993 PACER
17	LETTER from Leonard N. Flamm, Esq. (counsel for pltf) dtd 4/16/93 re: an extension of at least six (6) months for the trial, currently scheduled for June 2, 1993, and an adjournment of the Final Pretrial Conf. for May 4, 1993. (dmf) Modified on 04/29/1993 (Entered: 04/29/1993)	April 29, 1993	April 29, 1993 PACER
18	Scheduling Notice:, Motion Hearing set for 6/2/93 re: [14-1] motion to proceed as a class action, Response to Motion reset to 5/19/93 for [14-1] motion to proceed as a class action, Reply to Response to Motion reset to 5/26/93 for [14-1] motion to proceed as a class action this motion will be on submission so there will be no oral argument at this time; the pre-trial conference scheduled for 5/4/93, is adjourned without date. The Court also extends the scheduled trial date for six months; the parties should be ready for trial on December 2, 1993. (dmf) (Entered: 04/29/1993)	April 29, 1993	April 29, 1993 PACER
19	CONSENT TO JOIN by Edmond D. Monaco as a party pltf. pursuant to 29 U.S.C. 216(b); as instructed by Order dtd 6/23/93 (dmf) (Entered: 08/04/1993)	May 14, 1993	May 14, 1993 PACER
20	AFFIDAVIT of Robert A. Siegfried, by New York State OMRDD, NYS Dept. of Civil Re: [14-1] motion to proceed as a class action; w/affirmation of service (dmf) (Entered: 05/17/1993)	May 17, 1993	May 17, 1993 PACER
21	Minute entry: [14-1] motion to proceed as a class action - submitted. Court Reporter/ECRO: None APP: None (Law Clerk - DEM) (lmp) (Entered: 06/01/1993)	June 1, 1993	June 1, 1993 PACER
	Motion hearing re: [14-1] motion to proceed as a class action Motion hearing held (lmp)	June 1, 1993	June 1, 1993 PACER
	Deadline updated; set Jury Trial for 12/2/93 (dmf)	June 1, 1993	June 1, 1993 PACER
	Pre-trial conference held in Albany before J. Scanlon. Interrogatories to Pltfs by 6/30/93. Depositions of McChesne & Webb by 7/30/93. Decision on Consent to Proceed Before Mag. and on whether or not to bifurcate by 7/30/93. (wbl)	June 3, 1993	June 3, 1993 PACER
22	DISCOVERY ORDER, set Interrogatories deadline to 6/30/93, set Deposition deadline to 7/30/93, parties will report to the court their election as to trial before Mag. Judge before 7/30/93; parties notify the court of their decision regarding bifurcation of liability - money damages; and a further pretial settlement conf. will be scheduled for early August, 1993 (signed by Magistrate Judge Daniel Scanlon Jr. 6/24/93) (dmf) (Entered: 06/24/1993)	June 24, 1993	June 24, 1993 PACER
23	ORDER granting in part, denying in part [14-1] motion to proceed as a class action; the court instructs the parties to file, and serve upon opposing counsel, any objections to the court's proposed clas definition no later than 7/12/93 (signed by Senior Judge Neal P. McCurn 6/23/93) (dmf) (Entered: 06/28/1993)	June 24, 1993	June 24, 1993 PACER
24	CONSENT TO JOIN by James T. Raymondjack as a party pltf. pursuant to 29 U.S.C. 216(b) as instructed by Order dtd 6/23/93 (dmf) (Entered: 08/04/1993)	June 28, 1993	June 28, 1993 PACER
25	Scheduling Notice by Deputy Clerk Payne: set Final Pretrial Conference for 11:00 a.m. on 10/8/93 in Albany, NY, before Judge McCurn. (lmp) (Entered: 09/29/1993)	Sept. 29, 1993	Sept. 29, 1993 PACER
26	Minute entry:Albany: Conference held: reset Discovery deadline to 12/15/93, reset Motion Filing deadline to 12/14/93, reset Pretrial Conference for 1/4/94, with Court to set time. APP: Norman Mednick for Pltfs.; David Roberts for Defts. STENO: None (fce) Modified on 10/13/1993 (Entered: 10/08/1993)	Oct. 8, 1993	Oct. 8, 1993 PACER
28	LETTER ORDER from court, set Pretrial Telephone Conference for 3:00 p.m. on 1/4/94 in Albany, NY . Counsel for the defts' is to file and serve their response to pltfs' atty's affidavit with exhibits by 12/30/93. ( signed by Senior Judge Neal P. McCurn on 12/13/93 ) (fce) Modified on 12/14/1993 (Entered: 12/14/1993)	Dec. 13, 1993	Dec. 13, 1993 PACER
27	AFFIDAVIT W/Attachments by Leonard N. Flamm, Esq. for John L. Mete, Merrill J. Gottlieb Re: request for a discovery conference to resolve certain discovery impasses. (fce) (Entered: 12/14/1993)	Dec. 13, 1993	Dec. 13, 1993 PACER
29	AFFIDAVIT by Robert A. Siegfried, AAG, counsel for New York State OMRDD, NYS Dept. of Civil Service, in Opposition Re: [27-1] discovery demands of pltf. (fce) Modified on 01/05/1994 (Entered: 12/27/1993)	Dec. 27, 1993	Dec. 27, 1993 PACER
	Pre-trial conference held (lmp)	Jan. 4, 1994	Jan. 4, 1994 PACER
30	Minute entry for 1/4/94: Tel Conf. re discovery dispute; it was agreed that NYS to supply Pltf. w/1989 quarterly reports from Dept. of Civil Service in same form & content as previously produced in April 1990 quarterly report, which evidently will include job classifications in 5-yr. bands; & NYS to stipulate as to authenticity of documents already produced in witness deposition as to documents originated by OMRD & Civil Service. APP: Norman Mednick for Pltf.; Robert Siegfried for Defts. Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) (Entered: 01/05/1994)	Jan. 5, 1994	Jan. 5, 1994 PACER
31	Scheduling Notice from chambers, dated 2/24/94:, set telephone Status Conference for 4:00 p.m. on 3/23/94 . (fce) (Entered: 02/24/1994)	Feb. 24, 1994	Feb. 24, 1994 PACER
32	Minute entry: Tel. Conf. - parties to exchange expert reports by 5/15/94; reset Discovery deadline to 7/1/94, and reset Motion Filing deadline to 7/1/94 w/motions to be returnable 7/26/94 in Syr., NY; set tentative Jury Trial for 9/7/94 . APP: Norman Mednick for Pltf.; Robert Siegfried for Defts. Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) (Entered: 03/23/1994)	March 23, 1994	March 23, 1994 PACER
	Status conference held (lmp)	March 23, 1994	March 23, 1994 PACER
33	Letter, dted 5/17/94, from Leonard N. Flamm, Esq. for Pltf Re: defts' counsel not providing statistical expert's report and/or identity within directed time by the court. (fce) (Entered: 05/26/1994)	May 25, 1994	May 25, 1994 PACER
34	Letter response by Robert A. Siegfried, AAG, dated 5/19/94, to the letter of Leonard N. Flamm, Esq., dated 5/17/94. (fce) (Entered: 05/26/1994)	May 25, 1994	May 25, 1994 PACER
35	LETTER ORDER dated 5/24/94, in response to letters rec. from counsels Re: deft. not forwarding an Expert Witness List ( signed by Senior Judge Neal P. McCurn ) (fce) (Entered: 05/26/1994)	May 25, 1994	May 25, 1994 PACER
36	MOTION by AAG, Robert A. Siegfried counsel for New York State OMRDD, NYS Dept. of Civil for Summary Judgment, and to Dismiss . Attached are the following: rule 10(j) stataement, affidavit of William McChesney, affidavit of Barbara A. Hawes, affidavit of Arthur Y. Webb, affirmation of Robert A. Siegfried, AAG, and exhibits. Hearing set for 10:00 a.m. on 7/26/94 in Syracuse, NY. Response Deadline 7/12/94, Reply to Response Deadline 7/19/94. Motion returnable before Judge McCurn (fce) (Entered: 06/30/1994)	June 30, 1994	June 30, 1994 PACER
37	MEMORANDUM by AAG, Robert A. Siegfried for New York State OMRDD, NYS Dept. of Civil in support of [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 06/30/1994)	June 30, 1994	June 30, 1994 PACER
38	CERTIFICATE OF SERVICE by New York State OMRDD, NYS Dept. of Civilthat Robert A. Siegfried, AAG served by mail copies of the motion papers to counsel for pltf. on 6/29/94. (fce) (Entered: 07/05/1994)	July 5, 1994	July 5, 1994 PACER
39	Letter from Leonard N. Flamm, Esq., dated 7/11/94, requesting an adjournment of deft's motion from 7/26/94 to 6/20/94. (fce) (Entered: 07/13/1994)	July 13, 1994	July 13, 1994 PACER
40	Scheduling Notice from chambers, dated 7/13/94: Motion Hearing set for 9/27/94 in Syacuse re: [36-1] motion for Summary Judgment, and re: [36-2] motion to Dismiss, Response to Motion reset to 9/6/94 for [36-1] motion for Summary Judgment, and for [36-2] motion to Dismiss (fce) (Entered: 07/14/1994)	July 14, 1994	July 14, 1994 PACER
41	LETTER MOTION by Atty. Flamm for Pltfs. John L. Mete and Merrill J. Gottlieb for Permission to File Memorandum of Law Containing 40 pages. Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 07/22/1994)	July 22, 1994	July 22, 1994 PACER
42	Minute entry: Motion Hearing set for 10:00 a.m. on 9/27/94 re: [36-1] motion for Summary Judgment and [36-2] motion to Dismiss . APP: None Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) (Entered: 07/26/1994)	July 26, 1994	July 26, 1994 PACER
43	LETTER ORDER granting [41-1] motion for Permission to File Memorandum of Law Containing 40 pages. (signed by Senior Judge Neal P. McCurn on 7/22/94) (lmp) (Entered: 08/04/1994)	July 26, 1994	July 26, 1994 PACER
44	MEMORANDUM and Affidavit of Service by by Leonard N. Flamm, Esq. for John L. Mete, Merrill J. Gottlieb in opposition to [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 09/02/1994)	Sept. 2, 1994	Sept. 2, 1994 PACER
45	Rule 10J Statement in which there are genuine issues w/respect to material facts of [36-1] motion for Summary Judgment, [36-2] motion to Dismiss filed by John L. Mete, Merrill J. Gottlieb (fce) (Entered: 09/02/1994)	Sept. 2, 1994	Sept. 2, 1994 PACER
46	STATISTICAL AFFIDAVIT Dr. David F. Greenberg with affidavit of John L. Mete and Merrill J. Gottlieb, affidavit of Leonard N. Flamm, Esq., and exhibits 1-3 in Opposition Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 09/02/1994)	Sept. 2, 1994	Sept. 2, 1994 PACER
47	Additional Exhibits #1-15 relative to pltfs' opposition to defts' motion for summary judgment. (fce) (Entered: 09/02/1994)	Sept. 2, 1994	Sept. 2, 1994 PACER
48	Letter from AAG, Robert Siegfried, dated 9/12/94, to confirm conversation granting additional time to file reply paperd to summary judgment motion, to 11/1/94. (fce) (Entered: 09/15/1994)	Sept. 15, 1994	Sept. 15, 1994 PACER
	Deadline updated; Motion Hearing set for 10:00 a.m. on 11/8/94 at Syracuse, NY re: [36-1] motion for Summary Judgment, and re: [36-2] motion to Dismiss, Reply to Response to Motion reset to 11/1/94 for [36-1] motion for Summary Judgment, and for [36-2] motion to Dismiss (fce)	Sept. 15, 1994	Sept. 15, 1994 PACER
49	Minute entry: Motion Hearing set for 11/8/94 re: [36-1] motion for Summary Judgment and re: [36-2] motion to Dismiss ; both motions to be taken on a submit basis. APP: None Court Reporter/ECRO: K. Crewell (Law Clerk - DEM) (lmp) (Entered: 09/27/1994)	Sept. 27, 1994	Sept. 27, 1994 PACER
50	Additional Exhibits (#16 and #17) that belong to docket #47. (fce) (Entered: 10/24/1994)	Oct. 21, 1994	Oct. 21, 1994 PACER
51	REPLY Memorandum of Law in further support by Robert A. Siegfried, AAG for New York State OMRDD, NYS Dept. of Civil to response to [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 11/01/1994)	Nov. 1, 1994	Nov. 1, 1994 PACER
52	AFFIDAVIT W/Exhibits A-F of Robert A. Siegfried, AAG in further support Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 11/01/1994)	Nov. 1, 1994	Nov. 1, 1994 PACER
53	Minute entry: [36-1] motion for Summary Judgment submitted, and [36-2] motion to Dismiss submitted. APP: None Court Reporter/ECRO: None (Law Clerk-DEM) (lmp) (Entered: 11/08/1994)	Nov. 8, 1994	Nov. 8, 1994 PACER
54	AFFIDAVIT of Arthur Y. Webb in Support Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss (fce) (Entered: 11/10/1994)	Nov. 9, 1994	Nov. 9, 1994 PACER
55	AFFIDAVIT W/Attachment of Elin M. Howe in Support Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss. (fce) (Entered: 11/10/1994)	Nov. 9, 1994	Nov. 9, 1994 PACER
56	REPLY to response by Leonard N. Flamm, Esq. for pltfs Re: [36-1] motion for Summary Judgment, [36-2] motion to Dismiss. Affidavit of service is attached. (fce) (Entered: 11/21/1994)	Nov. 21, 1994	Nov. 21, 1994 PACER
57	LETTER ORDER, directing attorneys to brief the issue concerning the court's jurisdiction in light of the Seminole Tribe case & setting the Brief deadline to 1/15/97 (signed by Senior Judge Neal P. McCurn on 12/5/96) (lmp) (Entered: 12/06/1996)	Dec. 6, 1996	Dec. 6, 1996 PACER
58	SUPPLEMENTAL MEMORANDUM by Merrill J. Gottlieb, John L. Mete pursuant to letter order of Judge Mccurn dtd 12/5/96. (lmp) (Entered: 01/13/1997)	Jan. 13, 1997	Jan. 13, 1997 PACER
59	SUPPLEMENTAL MEMORANDUM by NYS Dept. of Civil, New York State OMRDD pursuant to letter order of Judge McCurn dtd 12/5/96. (lmp) (Entered: 01/13/1997)	Jan. 13, 1997	Jan. 13, 1997 PACER
60	MEMORANDUM-DECISION AND ORDER granting in part, denying in part [36-1] motion for Summary Judgment and [36-2] motion to Dismiss: court DISMISSES Pltfs' 5th cause of action under NY Human Rights Law for lack of subject matter jurisdiction & DENIES Defts' motion for summary judgment on remaining causes of action; court DENIES Defts' motions for costs, sanctions & to preclude introduction of evidence, as well as motions to dismiss certain members of opt-in class. (signed by Senior Judge Neal P. McCurn on 11/5/97) (lmp) (Entered: 11/06/1997)	Nov. 6, 1997	Nov. 6, 1997 PACER
61	Scheduling Notice by Carole Washer, Clerk: set Telephone/ Pretrial Conference for 10:00 a.m. on 12/15/97 to dicuss status & future of this case. (lmp) (Entered: 11/13/1997)	Nov. 13, 1997	Nov. 13, 1997 PACER
62	Scheduling Notice by Carole Washer, Clerk: terminated deadline for 12/15/97 PT Conf., adjourned w/o date ; counsel will be notified by telephone when a further conference is scheduled. (lmp) (Entered: 11/24/1997)	Nov. 24, 1997	Nov. 24, 1997 PACER
63	NOTICE OF APPEAL by NYS Dept. of Civil, New York State OMRDD from the Memorandum-Decision and Order entered in this action on 11/6/97. FILING FEE $ 105.00 RECEIPT # 35015 Appeal record due on 12/24/97 (wjg) (Entered: 11/24/1997)	Nov. 24, 1997	Nov. 24, 1997 PACER
	Notice of appeal and certified copy of docket to USCA re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil (parties noticed). (dmf)	Dec. 4, 1997	Dec. 4, 1997 PACER
64	LETTER from Atty. Mednick for Pltfs. dtd 11/11/97 and ORDER stating that Court never received 10/12/93 letter withdrawing 5th cause of action; Court's 11/5/97 Order dismissed such claim; Court requests that all future correspondence be sent directly to Syracuse at address set forth above. (signed by Senior Judge Neal P. McCurn on 12/15/97) (lmp) (Entered: 12/19/1997)	Dec. 19, 1997	Dec. 19, 1997 PACER
65	Court of Appeals Scheduling Order, re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil ; Appeal record due on 2/20/98 (dmf) (Entered: 02/18/1998)	Feb. 10, 1998	Feb. 10, 1998 PACER
	Certified and transmitted index to the record on appeal to U.S. Court of Appeals: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil (dmf)	Feb. 18, 1998	Feb. 18, 1998 PACER
66	Acknowledgement of receipt of certified copy of docket entries by Clerk USCA 2nd Cir. on 2/19/98. (lmp) (Entered: 02/23/1998)	Feb. 23, 1998	Feb. 23, 1998 PACER
	USCA Case Number Re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil USCA NUMBER: 97-9543 (lmp)	Feb. 23, 1998	Feb. 23, 1998 PACER
67	NOTICE of death of Mag. Scanlon, sent to counsel by Carole Washer, Secretary. (lmp) (Entered: 07/31/1998)	July 31, 1998	July 31, 1998 PACER
68	ORDER, action reassigned from Mag/Judge Scanlon to Mag/Judge Gustave J. DiBianco (dd 8-13-98 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998 PACER
	CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr. (pta)	Aug. 14, 1998	Aug. 14, 1998 PACER
	CASE REFERRED to Magistrate Judge Gustave J. DiBianco (pta)	Aug. 14, 1998	Aug. 14, 1998 PACER
69	LETTER ORDER, set Pretrial Conference for 11:00 am on 2/4/99 in syracuse; parties are to be prepared thru atty. & client representatives to discuss settlement and/or trial schedule, etc. (signed by Senior Judge Neal P. McCurn on 1/5/99) (lmp) (Entered: 01/05/1999)	Jan. 5, 1999	Jan. 5, 1999 PACER
70	REQUEST by AAG Siegfried dtd 1/14/99 and ORDER, terminated deadlines - adjourning w/o date status conf. set for 2/4/99 ; court directs Atty. Siegfried to keep court advised regarding application for certiorari. (signed by Senior Judge Neal P. McCurn on 1/20/99) (lmp) (Entered: 01/21/1999)	Jan. 21, 1999	Jan. 21, 1999 PACER
71	REQUEST by AAG Siegfried dtd 2/3/99 and ORDER, granting request to Stay Action until determination by US Supreme Court of appeal from 11th Cir. ; AAG to promptly advise court when determination is made. (signed by Senior Judge Neal P. McCurn on 2/9/99) (lmp) (Entered: 02/10/1999)	Feb. 10, 1999	Feb. 10, 1999 PACER
72	JUDGMENT OF USCA (certified copy) Re: [63-1] appeal by New York State OMRDD, NYS Dept. of Civil, that Order of District Court be & hereby is AFFIRMED. (lmp) (Entered: 03/22/1999)	March 22, 1999	March 22, 1999 PACER
73	LETTER ORDER, acknowledging AAG siegfried's 1/11/00 letter & directing Defts. to file motion to dismiss in conformity w/FRCP & LR, etc. (signed by Senior Judge Neal P. McCurn) (lmp) (Entered: 03/14/2000)	March 14, 2000	March 14, 2000 PACER
74	Letter of Judge McCurn dtd 4/17/00 to counsel advising that a stipulation of dismissal signed by both parties may be submitted in lieu of deft's filing a motion to dismiss as directed in the court's letter of March 9, 2000. (tjm) (Entered: 04/18/2000)	April 17, 2000	April 17, 2000 PACER
75	MANDATE OF USCA (certified copy dated 6/6/00): USCA VACATES the judgment and REMANDS it to the district court for reconsideration in light of "Kimel" and the claims of the parties (and the Intervenor) in these cases as to the effect of "Kimel". (dmf) (Entered: 06/14/2000)	June 12, 2000	June 12, 2000 PACER
76	Letter of Judge McCurn dtd 6/19/00 to counsel advising that the court has reviewed the Mandate of the Second Circuit and believes parties may still proceed with filing a stipulation of dismissal as outlined in the court's April 17th letter response to Attorney Mednick's letter of April 11th. Parties are to do so promptly if in agreement, and arrange for a telephone conference if there are further thoughts in light of the Court of Appeals mandate. (kcl) (Entered: 06/26/2000)	June 19, 2000	June 19, 2000 PACER
77	STIPULATION of dismissal without prejudice by NYS Dept. of Civil, New York State OMRDD, Merrill J. Gottlieb, John L. Mete as Court lacks subject matter jurisdiction over this Age Discrimination in Employment case pursuant to Kimel v. Florida Bd. of REgents, US 120 S.Ct. 631, and ORDER approving same. (signed by SJ McCurn on 7/10/00) (lmp) (Entered: 07/12/2000)	July 12, 2000	July 12, 2000 PACER
	**Case closed (lmp)	July 12, 2000	July 12, 2000 PACER

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Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: Feb. 5, 1992

Closing Date: July 12, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of older employees of the New York State Office of Mental Retardation and Developmental Disabilities and An individual employee of the New York State Office of Mental Health.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Office of Mental Retardation and Developmental Disabilities (Albany, Albany), State

New York State Department of Civil Services (Albany, Albany), State

New York State Office of Mental Health (Albany, Albany), State

Defendant Type(s):

Hospital/Health Department