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)

People

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


Judge(s)

Flaum, Joel Martin (Illinois)

Gilbert, Jeffrey (Illinois)

Kanne, Michael Stephen (Indiana)

Manion, Daniel Anthony (Indiana)

Posner, Richard Allen (Illinois)

Schenkier, Sidney I. (Illinois)

Shadid, James Edward (Illinois)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Bish, Suzanne Elaine (Illinois)

Bronte, Patricia Ann (Illinois)

Judge(s)

Flaum, Joel Martin (Illinois)

Gilbert, Jeffrey (Illinois)

Kanne, Michael Stephen (Indiana)

Manion, Daniel Anthony (Indiana)

Posner, Richard Allen (Illinois)

Schenkier, Sidney I. (Illinois)

Shadid, James Edward (Illinois)

Tinder, John Daniel (Indiana)

Attorneys(s) for Plaintiff

Bish, Suzanne Elaine (Illinois)

Bronte, Patricia Ann (Illinois)

Friedman, Linda (Illinois)

Glink, Shona B. (Illinois)

Lazaro, Rafael Eduardo (Illinois)

Meites, Thomas R. (Illinois)

Mollica, Paul William (Illinois)

Mulder, Michael M (Illinois)

Raimond, Johanna J. (Illinois)

Russell, Richard (Illinois)

Stowell, Mary (Illinois)

Wood, James Bryan (Illinois)

Attorneys(s) for Defendant

Baker, Eileen Elizabeth (Illinois)

Bloom, Wendy Lynn (Illinois)

Bulger, Brian Wegg (Illinois)

Coleman, Khara Aisha Ashanti (Illinois)

Dutton, Thomas E. (Illinois)

Ehrhart, Kathleen A. (Illinois)

Garry, Paul R. (Illinois)

Godfrey, Richard Cartier (Illinois)

Perrier, Rachel L. (Illinois)

Rucker, Bredale (Illinois)

Smylie, Sallie Gamble (Illinois)

Trester, Julie Lynn (Illinois)

Washington, Khara Coleman (Iowa)

Welch, Donna M. (Illinois)

Wermuth, Anneliese (Illinois)

Documents in the Clearinghouse

Document

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)

255 F.R.D. 450

Jan. 15, 2009

Jan. 15, 2009

Order/Opinion
272

1:04-cv-05764

Memorandum Opinion and Order

614 F.Supp.2d 905, 2009 WL 669780

March 12, 2009

March 12, 2009

Order/Opinion
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

2009 WL 3369423

April 3, 2009

April 3, 2009

Pleading / Motion / Brief
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

675 F.3d 709, 2012 U.S.App.LEXIS 6213

April 18, 2012

April 18, 2012

Order/Opinion

Resources

Docket

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

Last updated Aug. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
260

MEMORANDUM Opinion and Order. Signed by the Honorable Sidney I. Schenkier on 1/15/2009.(cdy, )

Jan. 15, 2009

Jan. 15, 2009

RECAP
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Linda Debra Friedman, Mary Stowell as attorney(s) for plaintiff (no summons issued.) (Documents: (1−1 through 1−3)) (rbf) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

RECEIPT regarding payment of filing fee paid; on 9/2/04 in the amount of $150.00, receipt #10216326. (rbf) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 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) (Entered: 09/17/2004)

Sept. 17, 2004

Sept. 17, 2004

2

MINUTE ORDER of 10/21/04 by Hon. George W. Lindberg : Status hearing re−set for 11/10/04 at 9:30 a.m. Due to the unavailability of the Court, the status hearing previously scheduled for 11/3/04 is stricken. Mailed notice (eav) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 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) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 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) (Entered: 11/15/2004)

Nov. 15, 2004

Nov. 15, 2004

3

ATTORNEY APPEARANCE for defendant Allstate Ins Co by Richard Cartier Godfrey, Thomas E. Dutton, Sallie Gamble Smylie, Valarie Hays, Donna M. Welch (3−1 through 3−2) (eav) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

4

ATTORNEY APPEARANCE for defendant Allstate Ins Co by Paul R. Garry, Anneliese Wermuth; Notice of filing (eav) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

5

MOTION by defendant Allstate Ins Co to dismiss Counts I and IV of the complaint , Motion for judgment in its favor , or in the alternative to strike the class allegations , and Motion to strike portions of the complaint (Attachments); Notice of motion (eav) (Entered: 11/24/2004)

Nov. 23, 2004

Nov. 23, 2004

6

MINUTE ORDER of 11/23/04 by Hon. George W. Lindberg : Hearing reset to 12/1/04 at 9:00 a.m. on defendant Allstate's motion to dismiss counts I and IV of the complaint [5−1], motion for judgment in its favor [5−2] or in the alternative to strike the class allegations [5−3], and motion to strike portions of the complaint [5−4]. Mailed notice (eav) (Entered: 11/24/2004)

Nov. 23, 2004

Nov. 23, 2004

7

MINUTE ORDER of 11/24/04 by Hon. George W. Lindberg : Defendant is granted leave to file a memorandum of law in support of its motion on or before 12/8/04. Plaintiff's response must be filed on or before 12/23/04. Defendant's reply must be filed on or before 1/6/05. Ruling set for 2/9/05 at 10:30 a.m. Mailed notice (eav) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

8

MINUTE ORDER of 12/1/04 by Hon. George W. Lindberg : Status hearing held and continued to 1/5/05 at 9:30 a.m. Trial set for 7/11/05 at 10:00 a.m. Discovery cutoff set for 4/6/05. Motion for summary judgment due 4/13/05. Response to the motion for summary judgment due 4/27/05. [5−2] Reply due 5/4/05. Ruling set for 6/15/05 at 10:30 a.m. Proposed final pretrial order to be submitted to chambers on 6/22/05 at 10:00 a.m. Mailed notice (eav) (Entered: 12/03/2004)

Dec. 1, 2004

Dec. 1, 2004

10

UNOPPOSED MOTION by plaintiff for leave to file additional appearance instanter ; Notice. (jmm) (Entered: 12/16/2004)

Dec. 7, 2004

Dec. 7, 2004

12

ATTORNEY APPEARANCE for plaintiff by James Bryan Wood, Suzanne E. Bish, Richard E Russell, Thomas R. Meites, Michael M. Mulder, Paul William Mollica, Johanna Josie Raimond. (jmm) (Entered: 12/16/2004)

Dec. 7, 2004

Dec. 7, 2004

9

MEMORANDUM by defendant Allstate Ins Co in support of its motion to dismiss Counts I and IV of the complaint [5−1], motion for judgment in its favor [5−2] or in the alternative to strike the class allegations [5−3] and motion to strike portions of the complaint [5−4] (Attachments) (eav) (Entered: 12/09/2004)

Dec. 8, 2004

Dec. 8, 2004

11

MINUTE ORDER of 12/9/04 by Hon. George W. Lindberg: Plaintiff's unopposed motion for leave to file additional appearance instanter is granted [10−1]. Mailed notice (jmm) (Entered: 12/16/2004)

Dec. 9, 2004

Dec. 9, 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) (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

13

FIRST AMENDED COMPLAINT [1−1] by plaintiff Katherine Puffer; Notice (rmm) (Entered: 12/27/2004)

Dec. 23, 2004

Dec. 23, 2004

14

JOINT MOTION by plaintiff, defendant to vacate briefing schedule on defendant's motion to dismiss as moot ; Notice. (gma) (Entered: 12/28/2004)

Dec. 23, 2004

Dec. 23, 2004

15

MINUTE ORDER of 12/28/04 by Hon. George W. Lindberg: Parties joint motion to vacate briefing schedule on defendant's motion to dismiss as moot is granted [14−1]. Mailed notice (gma) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

17

CONSENT by plaintiff Katherine Puffer to exercise of jurisdiction by a United States Magistrate Judge. (eav) (Entered: 01/13/2005)

Jan. 10, 2005

Jan. 10, 2005

SCHEDULE set on 1/11/05 by Hon. George W. Lindberg : Status hearing date stricken No notice (slb) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

16

NOTICE by defendant of filing regarding consent to exercise of jurisdiction by a U.S. Magistrate Judge. (emd) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

18

CONSENT by defendant Allstate Ins Co to exercise of jurisdiction by a United States Magistrate Judge; Notice of filing (eav) (Entered: 01/13/2005)

Jan. 11, 2005

Jan. 11, 2005

19

REASSIGNMENT ORDER of 1/11/05 This case is reassigned to the Honorable Magistrate Judge Michael T. Mason from the Hon. Judge George W. Lindberg pursuant to Local Rule 73.1. (For further details see reverse of order.) Mailed notice (eav) (Entered: 01/13/2005)

Jan. 11, 2005

Jan. 11, 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) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

20

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

Jan. 14, 2005

Jan. 14, 2005

21

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

Feb. 7, 2005

Feb. 7, 2005

23

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)

Feb. 11, 2005

Feb. 11, 2005

24

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)

March 22, 2005

March 22, 2005

25

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)

March 30, 2005

March 30, 2005

26

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)

April 21, 2005

April 21, 2005

27

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)

July 8, 2005

July 8, 2005

28

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

July 14, 2005

July 14, 2005

29

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)

July 14, 2005

July 14, 2005

30

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)

July 15, 2005

July 15, 2005

31

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

July 15, 2005

July 15, 2005

32

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)

July 21, 2005

July 21, 2005

33

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)

Nov. 16, 2005

Nov. 16, 2005

34

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)

Dec. 6, 2005

Dec. 6, 2005

35

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

Jan. 6, 2006

Jan. 6, 2006

36

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)

Jan. 6, 2006

Jan. 6, 2006

37

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)

Jan. 11, 2006

Jan. 11, 2006

38

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

Feb. 15, 2006

Feb. 15, 2006

39

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)

Feb. 21, 2006

Feb. 21, 2006

40

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

Feb. 23, 2006

Feb. 23, 2006

41

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)

Feb. 24, 2006

Feb. 24, 2006

42

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)

Feb. 28, 2006

Feb. 28, 2006

43

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

March 3, 2006

March 3, 2006

44

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)

March 3, 2006

March 3, 2006

45

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)

March 8, 2006

March 8, 2006

46

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)

March 29, 2006

March 29, 2006

47

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)

May 2, 2006

May 2, 2006

48

TRANSCRIPT of proceedings for the following dates: 4/21/05, 7/21/05, 12/6/05, 1/11/06, 2/21/06; Before the Honorable Sidney I. Schenkier. (Documents 48−1 through 48−5) (lcw, ) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

49

TRANSCRIPT of proceedings for the following dates: 02/10/05; Before the Honorable Michael T. Mason. (lcw, ) (Entered: 06/15/2006)

June 14, 2006

June 14, 2006

50

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)

June 15, 2006

June 15, 2006

51

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)

Sept. 5, 2006

Sept. 5, 2006

52

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

Sept. 25, 2006

Sept. 25, 2006

53

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)

Sept. 28, 2006

Sept. 28, 2006

54

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

Oct. 2, 2006

Oct. 2, 2006

55

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, )

Oct. 2, 2006

Oct. 2, 2006

57

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)

Nov. 2, 2006

Nov. 2, 2006

58

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

Nov. 17, 2006

Nov. 17, 2006

59

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

Nov. 17, 2006

Nov. 17, 2006

60

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)

Nov. 21, 2006

Nov. 21, 2006

61

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

Dec. 19, 2006

Dec. 19, 2006

62

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)

Dec. 19, 2006

Dec. 19, 2006

63

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)

Dec. 20, 2006

Dec. 20, 2006

64

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)

Feb. 22, 2007

Feb. 22, 2007

65

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

March 9, 2007

March 9, 2007

66

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)

March 9, 2007

March 9, 2007

67

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)

March 9, 2007

March 9, 2007

68

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)

March 9, 2007

March 9, 2007

69

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

March 12, 2007

March 12, 2007

70

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)

March 14, 2007

March 14, 2007

71

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

April 17, 2007

April 17, 2007

73

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)

April 18, 2007

April 18, 2007

74

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)

May 2, 2007

May 2, 2007

75

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)

May 9, 2007

May 9, 2007

78

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)

May 9, 2007

May 9, 2007

76

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)

May 12, 2007

May 12, 2007

77

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

May 12, 2007

May 12, 2007

79

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)

May 15, 2007

May 15, 2007

80

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)

May 25, 2007

May 25, 2007

81

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

May 29, 2007

May 29, 2007

82

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

May 30, 2007

May 30, 2007

83

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)

May 31, 2007

May 31, 2007

84

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)

June 7, 2007

June 7, 2007

85

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)

June 13, 2007

June 13, 2007

86

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)

June 21, 2007

June 21, 2007

87

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)

July 5, 2007

July 5, 2007

88

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)

July 12, 2007

July 12, 2007

89

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

July 12, 2007

July 12, 2007

90

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)

July 16, 2007

July 16, 2007

91

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)

July 17, 2007

July 17, 2007

92

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)

July 20, 2007

July 20, 2007

93

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

Aug. 13, 2007

Aug. 13, 2007

94

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

Aug. 24, 2007

Aug. 24, 2007

95

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

Sept. 13, 2007

Sept. 13, 2007

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

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

Allstate Insurance Company (Northbrook), Private Entity/Person

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

Hiring

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

Pay / Benefits

Promotion

Discrimination-basis:

Age discrimination

Sex discrimination

Affected Gender:

Female