Case: Puffer v. Allstate Insurance Company

1:04-cv-05764 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 2, 2004

Closed Date: Jan. 7, 2011

Clearinghouse coding complete

Case Summary

In January 2001, a female manager filed a complaint with the Equal Employment Opportunity Commission alleging that Allstate Insurance Company intentionally created and maintained an unequal workforce that injured its female employees. Plaintiff further alleged she was sexually harassed by a supervisor and then passed over for promotion as retaliation for rejecting her supervisor's advances. Plaintiff alleged that Allstate failed to conduct an adequate investigation into those matters. On Septem…
In January 2001, a female manager filed a complaint with the Equal Employment Opportunity Commission alleging that Allstate Insurance Company intentionally created and maintained an unequal workforce that injured its female employees. Plaintiff further alleged she was sexually harassed by a supervisor and then passed over for promotion as retaliation for rejecting her supervisor's advances. Plaintiff alleged that Allstate failed to conduct an adequate investigation into those matters. On September 2, 2004, Plaintiff filed suit, on behalf of herself and all others similarly situated, in the United States District Court for the Northern District of Illinois alleging that Allstate engaged in systematic discrimination against women in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963. Plaintiff was represented by private counsel and asserted that: Allstate violated Title VII by discriminating against her and a class of female managerial employees to such an extent that the gender-based discrimination amounted to a policy or practice; Allstate violated the Equal Pay Act by paying putative class members lower wages than similarly situated male employees; Allstate had retaliated against Plaintiff in violation of both Title VII and the Equal Pay Act.Plaintiff moved for class certification on behalf of all female managers who had worked at Allstate at any time from May 2001 to the time of her complaint. The District Court denied the motion for class certification because the circumstances of the putative class members' employment were too widely varied, and that plaintiffs' evidence regarding commonality was too weak to satisfy Federal Rule of Civil Procedure 23(a)(2). In response to the Lilly Ledbetter Fair Pay Act of 2009, Plaintiff again moved for class certification, focusing her complaint on Allstate's compensation policies. The court concluded that the case would require thousands of individual hearings to determine both liability and damages. The court again denied Plaintiff's motion for class certification, highlighting flaws in Plaintiff's evidence, including the widely varying responsibilities, supervisors, locations and pay grades of the proposed class members. The court also noted that, in employment discrimination cases, there is often no need for class certification because most employees have sufficient financial incentive to litigate individually. The court found the economic loss for members of the putative class would be substantial enough to give each individual an interest in controlling her own lawsuit. Plaintiff settled her individual claims with Allstate and three intervening plaintiffs appealed the denial of class certification. The intervenors alleged that the district court erred in denying Plaintiff's claim because it did not separately analyze her disparate impact claim from her pattern-or-practice claim. The two claims are different because a disparate impact claim requires a showing that a facially neutral employment practice falls more harshly on one group than another and can't be justified by business necessity, while a pattern-or-practice claim requires a showing that an employer regularly and purposefully discriminated against a protected group. Int'l Bhd. of Teamsters v. United States, 431 U.S. 324 (1977). The Court of Appeals for the 7th Circuit affirmed the denial of class certification. The court noted that although Plaintiff had used the language of both "disparate impact" and "pattern-or-practice" claims in her second motion for class certification, she only developed her pattern-or-practice claim. Although Plaintiff was no longer a party to the suit, as intervening plaintiffs, the intervenors could only present arguments that Plaintiff could have appealed. Therefore, since Plaintiff did not develop her disparate impact claim, it was not preserved for appeal and it was not error for the district court not to analyze it separately.Further analysis available at http://www.nsclc.org/wp-content/uploads/2011/08/Court-Decisions-from-2009.pdf

Summary Authors

Anna Dimon (1/30/2015)

Clearinghouse (1/27/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5478854/parties/puffer-v-allstate-ins-co/


Judge(s)
Attorney for Plaintiff

Bish, Suzanne Elaine (Illinois)

Attorney for Defendant

AUSA, Former (Illinois)

Baker, Eileen Elizabeth (Illinois)

Expert/Monitor/Master/Other

Attorney, Paul W.

Attorney, Richard C.

Documents in the Clearinghouse

Documents in this case

1:04-cv-05764

Docket [PACER]

Puffer v. Allstate

April 18, 2012

April 18, 2012

Docket
1

1:04-cv-05764

Complaint

Sept. 2, 2004

Sept. 2, 2004

Complaint
260

1:04-cv-05764

Memorandum Opinion and Order (denying Class Certification)

Jan. 15, 2009

Jan. 15, 2009

Order/Opinion

255 F.R.D. 450

272

1:04-cv-05764

Memorandum Opinion and Order

March 12, 2009

March 12, 2009

Order/Opinion

614 F.Supp.2d 905

274

09-08005

Order

U.S. Court of Appeals for the Seventh Circuit

March 25, 2009

March 25, 2009

Order/Opinion
275

1:04-cv-05764

Joint Statement Concerning Notice Issues

April 3, 2009

April 3, 2009

Pleading / Motion / Brief

2009 WL 3369423

320

1:04-cv-05764

Order of Dismissal with Prejudice

Jan. 7, 2011

Jan. 7, 2011

Order/Opinion
350

1:04-cv-05764

11-01273

Final Judgment

U.S. Court of Appeals for the Seventh Circuit

April 18, 2012

April 18, 2012

Order/Opinion
351

1:04-cv-05764

Opinion from the USCA for the 7th Circuit

U.S. Court of Appeals for the Seventh Circuit

April 18, 2012

April 18, 2012

Order/Opinion

675 F.3d 709

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5478854/puffer-v-allstate-ins-co/

Last updated July 22, 2026, 5:05 a.m.

Docket for: Puffer v. Allstate Ins Co
ECF Number Date Description Link
353 Sept. 2, 2004

RECEIPT regarding payment of filing fee paid; on 9/2/04 in the amount of $150.00, receipt #10216326. (rbf) (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals.) (bg, ). Modified on 6/22/2018 (bg, ). (Entered: 09/02/2004)

RECAP
Sept. 17, 2004

SCHEDULE set on 9/17/04 by Hon. George W. Lindberg : Status hearing set for November 3, 2004 at 11:00a.m. Mailed notice (slb)

Oct. 25, 2004

SCHEDULE set on 10/25/04 by Hon. George W. Lindberg : By agreement of the parties, the status hearing date of November 10, 2004 is stricken. Status hearing set for December 1, 2004 at 11:00a.m. Mailed notice (slb)

Nov. 15, 2004

SCHEDULE set on 11/15/04 by Hon. George W. Lindberg : Status hearing reset to December 1, 2004 at 9:00a.m. Mailed notice (slb)

Dec. 17, 2004

SCHEDULE set on 12/17/04 by Hon. George W. Lindberg : Status hearing reset to January 12, 2005 at 9:00a.m. Mailed notice (slb)

Jan. 11, 2005

SCHEDULE set on 1/11/05 by Hon. George W. Lindberg : Status hearing date stricken No notice (slb)

20 Jan. 14, 2005

ANSWER to Puffer's first amended complaint by Allstate Insurance Company(eav, ) (Entered: 01/19/2005)

RECAP
Jan. 14, 2005

SCHEDULE set on 1/14/05 by Honorable Michael T. Mason: This matter having been reassigned to Magistrate Judge Mason, an initial status hearing is set for 2/10/05 at 9:00 a.m. in courtroom 2214. The parties shall deliver a file-stamped courtesy copy of an initial status report providing the information required by the enclosed Order Setting Initial Status Report to the courtroom deputy, room 2220, by 2/7/05. Mailed notice (kef)

21 Feb. 7, 2005

INITIAL status report by parties upon consent to magistrate (las, ) (Entered: 02/09/2005)

RECAP
22 Feb. 10, 2005

MINUTE entry before Judge Michael T. Mason : Status hearing held on 2/10/2005. No notice (kef, ) (Entered: 02/10/2005)

RECAP
23 Feb. 11, 2005

EXECUTIVE COMMITTEE ORDER: Case reassigned to Magistrate Judge Sidney I. Schenkier from Magistrate Judge Michael T. Mason for all further proceedings pursuant to IOP 13(F2(a) and IOP 13(F)2(b). Signed by Judge Executive Committee on 2/11/05. (eav, ) (Entered: 02/14/2005)

RECAP
24 March 22, 2005

MINUTE entry before Judge Sidney I. Schenkier : Status hearing set for 3/31/2005 at 09:00 AM. Telephone and mail notice (mmm, ) (Entered: 03/22/2005)

RECAP
25 March 30, 2005

MINUTE entry before Judge Sidney I. Schenkier : Status hearing reset for 4/21/2005 at 09:00 AM. Telephone and mail notice (mmm, ) (Entered: 03/30/2005)

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26 April 21, 2005

MINUTE entry before Judge Sidney I. Schenkier : Magistrate Judge Status hearing held and continued to 7/12/2005 at 09:00 AM. Mailed notice (mmm, ) (Entered: 04/21/2005)

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27 July 8, 2005

MINUTE entry before Judge Sidney I. Schenkier : Status hearing reset for 7/21/2005 at 09:00 AM. Pursuant to the parties' request, the status hearing set for 7/12/05 is stricken. Telephone and mail notice (mmm, ) (Entered: 07/08/2005)

RECAP
28 July 14, 2005

AGREED MOTION by Defendant Allstate Insurance Company for entry of agreed protective order (gma, ) (Entered: 07/14/2005)

RECAP
29 July 14, 2005

NOTICE of Motion by Anneliese Wermuth for presentment of AGREED MOTION by Defendant Allstate Insurance Company for entry of agreed protective order r 28 before Honorable Sidney I. Schenkier on 7/21/2005 at 08:30 AM. (gma, ) (Entered: 07/14/2005)

RECAP
30 July 15, 2005

MINUTE entry before Judge Sidney I. Schenkier : Defendant's agreed motion for protective order doc. # 28 is granted. Enter the agreed protective order as revised by the Court. Mailed notice (eav, ) (Entered: 07/19/2005)

RECAP
31 July 15, 2005

PROTECTIVE Order Signed by Judge Sidney I. Schenkier on 7/15/2005:Mailed notice(eav, ) (Entered: 07/19/2005)

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32 July 21, 2005

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 11/16/05 at 9:00 a.m. The Court adopts the parties' proposed class discovery schedule. All non-retained expert fact discovery for class certification is to be completed by 1/25/06. The plaintiff shall disclose experts and submit Rule 26(a)(2) reports on class certification by 2/6/06. The defendant shall disclose experts and submit Rule 26(a)(2) reports on class certification by 4/6/06. No expert depositions are to be taken before all expert reports are submitted. The depositions of all experts with regard to class certification are to be completed by 6/5/06. Mailed notice (eav, ) (Entered: 07/22/2005)

RECAP
33 Nov. 16, 2005

MINUTE entry before Judge Sidney I. Schenkier : Status hearing set for 12/6/2005 at 09:00 AM. Mail notice (mmm, ) (Entered: 11/16/2005)

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34 Dec. 6, 2005

MINUTE entry before Judge Sidney I. Schenkier : Magistrate Judge Status hearing held and continued 1/17/2006 at 09:00 AM. Mailed notice (mmm, ) (Entered: 12/07/2005)

RECAP
35 Jan. 6, 2006

MOTION by Plaintiff Katherine Puffer, Defendant Allstate Insurance Company for extension of time to conduct class discovery (Wood, James) (Entered: 01/06/2006)

RECAP
36 Jan. 6, 2006

Joint NOTICE of Motion by James Bryan Wood for presentment of motion for extension of time 35 before Honorable Sidney I. Schenkier on 1/11/2006 at 08:30 AM. (Wood, James) (Entered: 01/06/2006)

RECAP
37 Jan. 11, 2006

MINUTE entry before Judge Sidney I. Schenkier : Motion hearing held. Joint motion for extension of time for discovery on class certification 35 is granted. All non-retained expert fact discovery with regard to class certification is to be completed by 3/27/06. The plaintiff shall disclose experts and submit Rule 26(a)(2) reports with regard to class certification by 4/28/06. The defendant shall disclose experts and submit Rule 26(a)(2) reports with regard to class certification by 6/2/06. No expert depositions are to be taken before all expert reports are submitted. The depositions of all experts, with regard to class certification, are to be completed by 7/21/06. Status hearing held and continued to 2/21/06 at 9:00 a.m. The status hearing set for 1/17/06 is stricken. Mailed notice (mmm, ) (Entered: 01/11/2006)

RECAP
38 Feb. 15, 2006

ATTORNEY Appearance for Defendant Allstate Insurance Company by Brian Wegg Bulger (Bulger, Brian) (Entered: 02/15/2006)

RECAP
39 Feb. 21, 2006

MINUTE entry before Judge Sidney I. Schenkier : Magistrate Judge Status hearing held and continued to 3/23/2006 at 09:00 a.m. Mailed notices (gcy, ) (Entered: 02/22/2006)

RECAP
40 Feb. 23, 2006

NOTICE by Johanna Josie Raimond of Change of Address (Raimond, Johanna) (Entered: 02/23/2006)

RECAP
41 Feb. 24, 2006

MINUTE entry before Judge Sidney I. Schenkier : Telephone status conference held. At the joint request of the parties, the discovery schedule is suspended in order to permit the parties to engage in settlement negotiations with the assistance of a private mediator. The matter is set for a status conference on 03/29/06 at 9:00 a.m. for a report on the settlement negotiations; the status conference previously set for 03/23/06 is stricken. Mailed notice (mmm, ) (Entered: 02/24/2006)

RECAP
42 Feb. 28, 2006

MINUTE entry before Judge Sidney I. Schenkier : Telephone status conference held. At the joint request of the parties, the discovery schedule is suspended. The status conference previously set for 03/23/06 is stricken and reset to 3/29/06 at 9:00 a.m. (mmm, ) (Entered: 02/28/2006)

RECAP
43 March 3, 2006

MOTION by Plaintiff Katherine Puffer to withdraw as attorney (Raimond, Johanna) (Entered: 03/03/2006)

RECAP
44 March 3, 2006

NOTICE of Motion by Johanna Josie Raimond for presentment of motion to withdraw as attorney 43 before Honorable Sidney I. Schenkier on 3/8/2006 at 08:30 AM. (Raimond, Johanna) (Entered: 03/03/2006)

RECAP
45 March 8, 2006

MINUTE entry before Judge Sidney I. Schenkier : Johanna Raimond's motion to withdraw as counsel for plaintiff 43 is granted. Telephone notice (mmm, ) (Entered: 03/08/2006)

RECAP
46 March 29, 2006

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 5/2/2006 at 09:00 AM. Mailed notice (mmm, ) (Entered: 03/29/2006)

RECAP
47 May 2, 2006

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 6/15/06 at 09:00 AM. Mailed notice (mmm, ) (Entered: 05/02/2006)

RECAP
50 June 15, 2006

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 9/6/2006 at 09:00 AM. Mailed notice (mmm, ) (Entered: 06/16/2006)

RECAP
51 Sept. 5, 2006

MINUTE entry before Judge Sidney I. Schenkier : By agreement of the parties, the status conference set for 09/06/06 is reset for 10/4/2006 at 09:00 a.m. Mailed notice (cdy, ) (Entered: 09/07/2006)

RECAP
52 Sept. 25, 2006

ATTORNEY Appearance for Defendant Allstate Insurance Company by Khara Aisha Ashanti Coleman (Coleman, Khara) (Entered: 09/25/2006)

RECAP
53 Sept. 28, 2006

MINUTE entry before Judge Sidney I. Schenkier : The status hearing set for 10/4/2006 at 9:00 a.m. is reset to 10/4/06 at 08:30 AM. Telephone notice (mmm, ) (Entered: 09/28/2006)

RECAP
54 Oct. 2, 2006

ATTORNEY Appearance for Defendant Allstate Insurance Company by Rachel L Perrier (Perrier, Rachel) (Entered: 10/02/2006)

RECAP
55 Oct. 2, 2006

MINUTE entry before Judge Sidney I. Schenkier : The parties' oral motion to reset the 10/4/06 status hearing to 10/17/06 at 9:00 is granted. Mailed notice (mmm, ) (Entered: 10/02/2006)

RECAP
56 Oct. 17, 2006

MINUTE entry before Judge Sidney I. Schenkier : Pursuant to the parties' request, the status hearing set for 10/17/06 is stricken and reset for 11/2/2006 at 09:00 AM. Telephone notice (mmm, ) (Entered: 10/17/2006)

RECAP
57 Nov. 2, 2006

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 11/21/2006 at 09:00 AM. By 11/17/06, the parties are to submit to the Court their proposed discovery schedule. Mailed notice (mmm, ) (Entered: 11/02/2006)

RECAP
58 Nov. 17, 2006

STATUS Report of November 17, 2006 by Katherine Puffer, Allstate Insurance Company (Friedman, Linda) (Entered: 11/17/2006)

RECAP
59 Nov. 17, 2006

NOTICE by Katherine Puffer re status report 58 of November 17, 2006 (Friedman, Linda) (Entered: 11/17/2006)

RECAP
60 Nov. 21, 2006

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 12/20/2006 at 09:00 AM. Mailed notice (mmm, ) (Entered: 11/21/2006)

RECAP
61 Dec. 19, 2006

STATUS Report Parties' Joint December 19, 2006 by Katherine Puffer (Stowell, Mary) (Entered: 12/19/2006)

RECAP
62 Dec. 19, 2006

NOTICE by all plaintiffs re status report 61 Notice of Filing of Parties' Joint December 19 2006 Status Report (Stowell, Mary) (Entered: 12/19/2006)

RECAP
63 Dec. 20, 2006

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 2/22/2007 at 9:00 am. All non-expert fact class discovery shall be completed by 4/27/2007. Plaintiff shall comply with FRCP 26(a)(2) with respect to class issues by 6/21/2007. Defendant shall comply with FRCP 26(a)(2) with respect to class issues by 7/28/2007. All expert depositions with respect to class issues shall be completed by 9/3/2007.Advised in open court (jms, ) (Entered: 12/20/2006)

RECAP
64 Feb. 22, 2007

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 3/29/2007 at 09:00 AM.Mailed notice (mmm, ) (Entered: 02/23/2007)

RECAP
65 March 9, 2007

MOTION by Plaintiff Katherine Puffer to compel Regarding Succession Planning Redactions and Data, Harassment Complaints & E-Mail (Wood, James) (Entered: 03/09/2007)

RECAP
66 March 9, 2007

MEMORANDUM by Katherine Puffer in support of motion to compel 65 Regarding Succession Planning Redactions and Data, Harassment Complaints & E-Mail (Attachments: # 1 Appendix Unpublished decisions)(Wood, James) (Entered: 03/09/2007)

RECAP
67 March 9, 2007

NOTICE of Motion by James Bryan Wood for presentment of motion to compel 65 before Honorable Sidney I. Schenkier on 3/14/2007 at 08:30 AM. (Wood, James) (Entered: 03/09/2007)

RECAP
68 March 9, 2007

EXHIBITS by Plaintiff Katherine Puffer in support of her MOTION to compel regarding succession planning redactions and data, harassment complaints & e-mails 65 (RESTRICTED). (cdy, ) (Entered: 03/12/2007)

RECAP
69 March 12, 2007

ATTORNEY Appearance for Plaintiff Katherine Puffer by Shona B. Glink Shona B. Glink Attorney Appearance (Glink, Shona) (Entered: 03/12/2007)

RECAP
70 March 14, 2007

MINUTE entry before Judge Sidney I. Schenkier : Motion hearing held. For the reasons stated on the record in open court, plaintiff's motion to compelregarding succession planning redactions and data, harassment complaints, and e-mails (doc. # 65) is grantedin part and denied in part as stated below. The status hearing set for 03/29/07 is reset to 04/18/07 at 9:00 a.m. Mailed notice (cdy, ) (Entered: 03/16/2007)

RECAP
71 April 17, 2007

MOTION by Plaintiff Katherine Puffer for order Under Rule 23(d) (Attachments: # 1 Exhibit 1. Letters of Counsel)(Mollica, Paul) (Entered: 04/17/2007)

RECAP
72 April 17, 2007

NOTICE of Motion by Paul William Mollica for presentment of motion for order 71 before Honorable Sidney I. Schenkier on 4/19/2007 at 08:30 AM. (Mollica, Paul) (Entered: 04/17/2007)

RECAP
73 April 18, 2007

MINUTE entry before Judge Sidney I. Schenkier :Magistrate Judge Status hearing held on 4/18/2007. Briefing schedule as to motion of Katherine Puffer for order Under Rule 23(d) 71 is set as follows: response due by 5/2/2007; reply due by 5/11/2007.Status hearing set for 5/10/2007 at 9:00 AM.Mailed notice (tlp, ) (Entered: 04/18/2007)

RECAP
74 May 2, 2007

RESPONSE by Allstate Insurance Companyin Opposition to MOTION by Plaintiff Katherine Puffer for order Under Rule 23(d) 71 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Welch, Donna) (Entered: 05/02/2007)

RECAP
75 May 9, 2007

MINUTE entry before Judge Sidney I. Schenkier : The status conference set for 05/10/07 is RESET to 05/31/07 at 9:00 a.m. The date for filing the joint status report is RESET to 05/30/07. Telephone notice (mmm, ) (Entered: 05/09/2007)

RECAP
78 May 9, 2007

MINUTE entry before Judge Sidney I. Schenkier : Settlement conference held. The matter is set for a telephone status conference on 05/11/07 at 2:00 p.m. (mmm, ) (Entered: 05/14/2007)

RECAP
76 May 12, 2007

REPLY by Katherine Puffer to MOTION by Plaintiff Katherine Puffer for order Under Rule 23(d) 71 Reply in Support of Motion (Attachments: # 1 Exhibit 1 - Unpublished Authority# 2 Exhibit 2 - Organizational Chart# 3 Exhibit 3 - Wilson Dep Excerpts (per 26.2(d))# 4 Exhibit 4 - Pufer Dep Excerpts# 5 Exhibit 5 - Rizzo Dep Exceprts# 6 Exhibit 6 - Crockett Dep Excerpts (per LR 26.2(d))# 7 Exhibit 7 - Harty Dep Excerpts# 8 Exhibit 8 - Product Operations Documents (per LR 26.2(d))# 9 Exhibit 9 - HR Manual Excerpts (per LR 26.2(d))# 10 Exhibit 10 - HR Manual Excerpts (per LR 26.2(d))# 11 Exhibit 11 - Salary Administration Life Cycle (per LR 26.2(d))# 12 Exhibit 12 - From Salary Grades to Broadbands (per LR 26.2(d))# 13 Exhibit 13 - Mueller Deposition Excerpts)(Mollica, Paul) (Entered: 05/12/2007)

RECAP
77 May 12, 2007

NOTICE by Katherine Puffer re reply to response to motion,,, 76 for Order Under Rule 23(d) (Mollica, Paul) (Entered: 05/12/2007)

RECAP
79 May 15, 2007

MINUTE entry before Judge Sidney I. Schenkier : Docket entry 78 which was entered on 5/9/07 was entered in error and is stricken from the record.Mailed notice (mmm, ) (Entered: 05/15/2007)

RECAP
80 May 25, 2007

MINUTE entry before Judge Sidney I. Schenkier : Status hearing set for 5/31/07 at 9:00 AM is reset to 5/31/2007 at 10:00 AM. Mailed notice (mmm, ) (Entered: 05/25/2007)

RECAP
81 May 29, 2007

Attorney Appearance Form by Katherine Puffer for Ethan G. Zelizer (Friedman, Linda) (Entered: 05/29/2007)

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82 May 30, 2007

STATUS Report for May 31, 2007 Status Hearing by Katherine Puffer, Allstate Insurance Company (Friedman, Linda) (Entered: 05/30/2007)

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83 May 31, 2007

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 7/12/2007 at 09:00 AM. The Court strikes the existing class discovery schedule.Mailed notice (mmm, ) (Entered: 06/01/2007)

RECAP
84 June 7, 2007

MINUTE entry before Judge Sidney I. Schenkier : The Court set a motion hearing for 6/13/2007 at 09:30 a.m. regarding plaintiff's motion to contact current employees.Telephone notice (mmm, ) (Entered: 06/07/2007)

RECAP
85 June 13, 2007

MINUTE entry before Judge Sidney I. Schenkier : MOTION HEARING HELD. For the reasons stated on the record in open court, plaintiff's motion for an order under federal rule of civil procedure 23(d) (doc. # 71) is GRANTED in part and denied in part. Plaintiff shall not initiate contact with current Allstate employees in Bands 77 or higher. Plaintiff may initiate contact with current Allstate employees in Bands 63 and 64 who are determined not to be represented parties within the meaning of Local Rule 83.54.2. It will be the burden of Allstate to show, in the first instance, which employees within Bands 63 and 64, based on job titles, are represented parties. At the next status conference, Allstate shall inform the Court as to the amount of time necessary to make that determination. This order does not govern the right of plaintiff to contact former Allstate employees. Allstate shall promptly produce to plaintiff (a) updated address information in its possession for former employees who are putative class members, and (b) a list, to the extent available, of those former employees who are putative class members who have signed releases that would restrict their ability to voluntarily communicate with plaintiff's counsel. The matter is set for a status conference on 06/21/07 at 9:00 a.m.Mailed notice (mmm, ) (Entered: 06/13/2007)

RECAP
86 June 21, 2007

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 8/16/2007 at 09:00 AM. The plaintiff shall disclose experts and submit Rule 26(a)(2) reports on class certification by 9/7/07. The defendant shall disclose experts and submit Rule 26(a)(2) reports on class certification by 10/26/07. No expert depositions are to be taken before all expert reports are submitted. The depositions of all experts on class certification are to be completed by 12/21/07. By 6/29/07, the defendant is to provide to plaintiff a list of all 63s and 64s, and identify which ones they believe are in the class. Mailed notice (mmm, ) (Entered: 06/22/2007)

RECAP
87 July 5, 2007

MINUTE entry before Judge Sidney I. Schenkier : In light of the 6/21/07 status hearing being continued to 8/16/07, the 7/12/07 status hearing is stricken.Mailed notice (mmm, ) (Entered: 07/05/2007)

RECAP
88 July 12, 2007

MINUTE entry before Judge Sidney I. Schenkier : Status hearing set for 7/17/2007 at 09:00 AM. Telephone notice (mmm, ) (Entered: 07/12/2007)

RECAP
89 July 12, 2007

SUPPLEMENT by Katherine Puffer to set/reset hearings 88 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Zelizer, Ethan) (Entered: 07/12/2007)

RECAP
90 July 16, 2007

STATUS Report for the Court's Consideration in Connection with the Status Conference Set for July 17, 2007 by Allstate Insurance Company (Attachments: # 1 Exhibit A - B# 2 Exhibit Exhibit C# 3 Exhibit Exhibit D# 4 Exhibit Exhibits E - G# 5 Exhibit Exhibits H - J# 6 Exhibit Exhibits K - M# 7 Exhibit Exhibits N - P# 8 Exhibit Exhibits Q - T# 9 Exhibit Exhibits U - W)(Smylie, Sallie) (Entered: 07/16/2007)

RECAP
91 July 17, 2007

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 7/20/2007 at 01:00 PM. Mailed notice (mmm, ) (Entered: 07/17/2007)

RECAP
92 July 20, 2007

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held. Plaintiff's emergency motion to set a status hearing is granted. The Court approves the parties' agreed protocol as set forth on the record. Contact by plaintiff's counsel with current and former Allstate employees shall be in accordance with the agreed protocol. Any issues concerning Rule 4.2 raised by the parties' respective status reports are held in abeyance. For the reasons stated on the record, the Court also holds in abeyance any further obligation of the defendant to review and produce some 75,000 documents retrieved pursuant to the Court's earlier discovery order. The Court sets the following class certification briefing schedule: (1) by 10/15/07, plaintiff is to file her motion for class certification motion with supporting memorandum, submit expert reports on class certification, and declarations used in support of class certification; (2) by 01/31/08, defendant shall file its responsive memorandum, expert reports, and declarations; and (3) by 03/14/08, plaintiff shall file her is to file her reply. The Court will rule by mail on class certification.Mailed notice (mmm, ) (Entered: 07/23/2007)

RECAP
93 Aug. 13, 2007

MINUTE entry before Judge Sidney I. Schenkier : the status hearing set for 8/16/07 is stricken.Telephone notice (mmm, ) (Entered: 08/13/2007)

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94 Aug. 24, 2007

NOTICE by James Bryan Wood of Change of Address (cdy, ) (Entered: 08/28/2007)

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95 Sept. 13, 2007

MOTION by counsel for Plaintiff Katherine Puffer to withdraw as attorney nunc pro tunc - Unopposed (Wood, James) (Entered: 09/13/2007)

RECAP
96 Sept. 13, 2007

NOTICE of Motion by James Bryan Wood for presentment of motion to withdraw as attorney 95 before Honorable Sidney I. Schenkier on 9/18/2007 at 08:30 AM. (Wood, James) (Entered: 09/13/2007)

RECAP
97 Sept. 14, 2007

MINUTE entry before Judge Sidney I. Schenkier : Plaintiff's unopposed motion for leave to withdraw the appearance of J. Bryan Wood (doc. # 95) is GRANTED; no appearance on the motion is required. The Clerk shall terminate the appearance of Mr. Wood as counsel for plaintiff. Telephone notice (mmm, ) (Entered: 09/14/2007)

RECAP
98 Sept. 21, 2007

MOTION by Plaintiff Katherine Puffer to compel Identification of Job Codes and Job Groups (Friedman, Linda) (Entered: 09/21/2007)

RECAP
99 Sept. 21, 2007

NOTICE of Motion by Linda Debra Friedman for presentment of motion to compel 98 before Honorable Sidney I. Schenkier on 9/27/2007 at 11:00 AM. (Friedman, Linda) (Entered: 09/21/2007)

RECAP
102 Sept. 25, 2007

MOTION by Defendant Allstate Insurance Company for leave to filemotion to show cause or in the alternative to compel and Exhibit C under seal instanter (cdy, ) Attachment(#1) Exhibits (Entered: 09/27/2007)

RECAP
103 Sept. 25, 2007

NOTICE of Motion by Richard Cartier Godfrey for presentment of motion for leave to file motion to show cause or in the alternative motion to compel and Exhibit C under seal instanter 102 before Honorable Sidney I. Schenkier on 9/27/2007 at 11:00 a.m.(cdy, ) (Entered: 09/27/2007)

RECAP
104 Sept. 25, 2007

NOTICE by Allstate Insurance Company to show cause or in the alternative motion to compel 102 (cdy, ) (Entered: 09/27/2007)

RECAP
100 Sept. 26, 2007

RESPONSE by Allstate Insurance Companyin Opposition to MOTION by Plaintiff Katherine Puffer to compel Identification of Job Codes and Job Groups 98 (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Smylie, Sallie) (Entered: 09/26/2007)

RECAP
101 Sept. 26, 2007

DOCUMENT ENTERED IN ERROR. (cdy, ). (Entered: 09/27/2007)

RECAP
108 Sept. 26, 2007

MOTION by Defendant Allstate Insurance Company for leave to file CORRECTED motion to show cause or in the alternative motion to compel and Exhibits C & D under seal instanter (cdy, ) Attachment(s) #1 to motion for leave to show cause or in the alternative motion to compel (cdy, ). (Entered: 10/01/2007)

RECAP
109 Sept. 26, 2007

CORRECTED NOTICE of motion by Allstate Insurance Company MOTION for leave to file motion to show cause or in the alternative motion to compel and Exhibits C & D under seal instanter 108 (cdy, ) (Entered: 10/01/2007)

RECAP
110 Sept. 26, 2007

NOTICE by Allstate Insurance Company corrected motion to show cause or in the alternative motion to compel 108 (cdy, ) (Entered: 10/01/2007)

RECAP
105 Sept. 27, 2007

MOTION by Defendant Allstate Insurance Company for order to show cause or in the Alternative Motion to Compel (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Smylie, Sallie) (Entered: 09/27/2007)

RECAP
106 Sept. 27, 2007

NOTICE of Motion by Sallie Gamble Smylie for presentment of motion for order to show cause, 105 before Honorable Sidney I. Schenkier on 10/10/2007 at 10:00 AM. (Smylie, Sallie) (Entered: 09/27/2007)

RECAP
107 Sept. 27, 2007

MINUTE entry before Judge Sidney I. Schenkier : Motion hearing held and continued to 10/10/07 at 10:00 a.m. Plaintiffs motion to compel identification of job codes and job groups (doc. # 98) is denied without prejudice. Defendants motion for leave to file a motion to show cause, or in the alternative a motion to compel and exhibits C and D under seal (doc. # 102) is granted: defendant may file the motion to compel and exhibits C and D under seal, but must file a redacted copy of the motion and exhibits in the public file. Hearing on the motion to show cause or to compel is continued to 10/10/07. Mailed notice (mmm, ) (Entered: 09/28/2007)

RECAP
111 Oct. 1, 2007

MOTION by Plaintiff Katherine Puffer for extension of time to file petition for class certification and experts reports (Glink, Shona) (Entered: 10/01/2007)

RECAP
112 Oct. 1, 2007

NOTICE of Motion by Shona B. Glink for presentment of motion for extension of time to file 111 before Honorable Sidney I. Schenkier on 10/4/2007 at 08:30 AM. (Glink, Shona) (Entered: 10/01/2007)

RECAP
113 Oct. 2, 2007

MINUTE entry before Judge Sidney I. Schenkier : Plaintiff's agreed motion for an extension of time to file petition for class certification and expert reports 111 is granted; no appearance on the motion is required. Plaintiff's class certification motion, supporting memorandum and supporting expert reports are due by 11/05/07. Defendant's responding memorandum and expert reports are due by 02/21/08. Plaintiff's reply is due by 03/28/08. No further extensions to the class certification briefing and expert discovery schedule will be granted. Telephone notice (mmm, ) (Entered: 10/02/2007)

RECAP
114 Oct. 5, 2007

MOTION by Plaintiff Katherine Puffer to compel and response to motion for rule to show cause (Attachments: # 1 Exhibit A: 7-20-07 Hearing Transcript# 2 Exhibit B: 7-17-07 Hearing Tr# 3 Exhibit C-1: Pls 3d Doc Req# 4 Exhibit C-2: Pls 2d Interrog# 5 Exhibit D: Allstate Response to Discovery)(Mollica, Paul) (Entered: 10/05/2007)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: Sept. 2, 2004

Closing Date: Jan. 7, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female Allstate employee from 1977-2003; sought to establish a class action but was denied. After the original plaintiff settled her case, three intervening plaintiffs continued the case.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Allstate Insurance Company

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Other Dockets:

Northern District of Illinois 1:04-cv-05764

U.S. Court of Appeals for the Seventh Circuit 09-08005

U.S. Court of Appeals for the Seventh Circuit 11-01273

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Impact

Harassment / Hostile Work Environment

Hiring

Pay / Benefits

Promotion

Discrimination Basis:

Age discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation