Case: Sheppard v. Consolidated Edison Company of New York

Sheppard, et al v. Consolidated Edison

Sheppard v. Consolidated Edison Company

COMPLAINT filed and summons(es) issued for Consolidated Edison FILING FEE $ 120.00 RECEIPT # 159144 (Greene, Donna) (Entered: 02/02/1994)

CASE REFERRED to Magistrate Allyne R. Ross (Greene, Donna) (Entered: 02/02/1994)

CASE REFERRED to Magistrate Allyne R. Ross (Greene, Donna)

AMENDED COMPLAINT by Dorothy Sheppard, Robert W. Berry, Irma J. Mushatt, James M. Carter, Harold McKinzie, Leonard B. Middleton, Derick C. Hewitt, James W. Austin, (Answer due 2/28/94 for Consolidated Edison ) amending [1-1] complaint (Dobkin, David) (Entered: 02/22/1994)

RETURN OF SERVICE executed as to Consolidated Edison 2/18/94 Answer due on 3/10/94 for Consolidated Edison (Dobkin, David) (Entered: 02/22/1994)

INTER-OFFICE MEMO from Mag. Ross to Robert Heinemann dated 3/8/94, stating that Mag. Ross owns stock in Con Ed a party in the above case. Therefore, must be recused from the above case. Please have this case assigned to another mag. by random selection. (Dobkin, David) (Entered: 03/09/1994)

CASE NO LONGER REFERRED TO Magistrate Allyne R. Ross (Vaughn, Terry) (Entered: 03/11/1994)

CASE NO LONGER REFERRED TO Magistrate Allyne R. Ross (Vaughn, Terry)

CASE REFERRED to Magistrate Joan M. Azrack by random selection. (Vaughn, Terry) (Entered: 03/14/1994)

CASE REFERRED to Magistrate Joan M. Azrack by random selection. (Vaughn, Terry)

ANSWER to Complaint by Consolidated Edison (Asreen, Wendy) (Entered: 03/18/1994)

Disclosure of interested parties by Consolidated Edison (Asreen, Wendy) (Entered: 03/18/1994)

INTER-OFFICE MEMO from Magistrate Ross to the Clerk of the Court dated 3/8/94 Re: recusing herself from the action because she owns stock in Con Edison. (Conte, Daniela) (Entered: 03/29/1994)

ORDER, dated 4/5/94 set status conference for 10:00 4/26/94 before Magistrate Joan M. Azrack ( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 04/06/1994)

Calendar entry: Before Mag. Azrack on 4/26/94. Case called for initial conference. Discovery conference set. set status conference for 12:00 6/10/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 04/26/1994)

Calendar entry: Before Mag. Azrack on 6/10/94 at 12:00p.m. Case called for discovery conference. Telephone conference set for 6/20/94 set telephone conference for 11:00 6/20/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 06/14/1994)

Calendar entry: Before Mag. Azrack on 6/20/94 at 11:00a.m. set status conference for 2:00 6/27/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 06/28/1994)

STIP/ORDER dated 6/20/94 ordered that deft consents to plaintiffs' second amended complaint without prejudice to deft's right to answer, move or assert any affirmative defense(other than failure to consent to amend the pleading under Rule 15(a) as herein provided). ( signed by Judge David G. Trager ) (Dobkin, David) (Entered: 06/22/1994)

SECOND AMENDED COMPLAINT by Dorothy Sheppard, Robert W. Berry, Irma J. Mushatt, James M. Carter, Harold McKinzie, Leonard B. Middleton, Derick C. Hewitt, James W. Austin, (Answer due 7/2/94 for Consolidated Edison ) amending [2-1] amended complaint (Dobkin, David) (Entered: 06/22/1994)

Calendar entry: Before Mag. Azrack on 6/27/94 at 2:00p.m. Case called for discovery. Status conference set re: discovery. set status conference for 11:30 10/13/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 06/30/1994)

ORDER dated 7/1/94 ordered that counsel for all parties are instructed to meet, confer and submit a joint order. If any issues cannot be agreed upon, the Court will entertain the matter in a telephone conference. ( signed by Magistrate Joan M. Azrack )(endorsed on fax letter dated 6/30/94 from Kenneth Standard to Mag. Azrack). (Dobkin, David) (Entered: 07/06/1994)

ORDER dated 8/16/94 ordered that deft Con Ed provide to plaintiff discovery information from 1984 through 1993 in the above case. ( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 08/19/1994)

ANSWER by Consolidated Edison to second amended complaint (Dobkin, David) (Entered: 08/22/1994)

Calendar entry: Before Mag. Azrack on 9/23/94 at 10:00a.m. Case called. Discovery issue resolved. (Dobkin, David) (Entered: 09/28/1994)

STIP/ORDER of confidentiality. Dated 9/26/94. C/M. ( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 09/28/1994)

STIP/ORDER of confidentiality, in the above case. Dated 9/20/94.( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 10/07/1994)

CASE randomly reassigned to Judge John Gleeson from Judge Trager. (Asreen, Wendy) (Entered: 10/27/1994)

CASE randomly reassigned to Judge John Gleeson from Judge Trager. (Asreen, Wendy)

NOTICE dated 11/11/94 that a status conference on 12/22/94 at 9:30 is set before Judge Gleeson. (Guzzi, Roseann) (Entered: 11/16/1994)

Deadline updated; set status conference for 9:30 12/22/94 before Judge John Gleeson (Guzzi, Roseann) (Entered: 11/16/1994)

Deadline updated; set status conference for 9:30 12/22/94 before Judge John Gleeson (Guzzi, Roseann)

Calendar entry: Before Mag. Azrack on 11/23/94. Deft to provide personnel manual or its equivalent by 12/22/94. Deposition of Kevin Morgan to be schgeduled for 1st 3 weeks of Jan. Inquiry to be limited to issues relating to settlement. Status re: progress of ADR set. set status conference for 10:30 2/6/95 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 11/25/1994)

Calendar entry: Before Judge Gleeson on 1/6/95 case called for status conference. All counsel present. Case still referred to Mag Azrack for all pretrial purposes. (Greves, Liz) (Entered: 01/11/1995)

Calendar entry: Before Mag. Judge Azrack on Feb. 6, 1995, at 10:30 a.m., case called and status conference held. For plaintiff: Alterman, Reginal Boddie and Esmeralda Simmons. For defendant: Kenneth Standard and Saddie Smith. Court sets status conference for 2:00 3/20/95 before Magistrate Joan M. Azrack . Con Ed to provide profile data base by 3/6/95. Status hrg. on 3/20/95 re progress of ADR. (Vaughn, Terry) (Entered: 02/07/1995)

LETTER dated 3/7/95 from Daniel L. Alterman for the plaintiff to Magistrate Azrack requesting an extension from 3/6/95 to 3/15/95 to turn over the computerized educational and training records. (Guzzi, Roseann) (Entered: 03/15/1995)

Endorsed order dated 3/9/95 on document #25 granting application of plaintiff for extension of time to 3/15/95 to turn over the computerized educational and training records. ( Signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 03/15/1995)

Endorsed order dated 3/9/95 on document #25 granting application of plaintiff for extension of time to 3/15/95 to turn over the computerized educational and training records. ( Signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann)

LETTER dated 3/20/95 from Daniel Alterman to Kenneth G. Standard re: Con Ed matter is adjourned from 3/20/95 at 2:00 until 4/3/95 at 10:00. (McGee, Maryann) (Entered: 03/29/1995)

Calendar entry: Conference held on 5/1/95 before Magistrate Azrack. Set status conference for 12:00 on 6/12/95 before Magistrate Joan M. Azrack . Discovery plan on class to be provided by week of June 5, 1995. (Guzzi, Roseann) (Entered: 05/09/1995)

LETTER dated 6/9/95 from Carole Sobin, counsel for ConEd to Magistrate Azrack requesting that the conference of 6/12/95 be adjourned to 6/26/95 in order to respond to plaintiffs proposed discovery received yesterday. (Asreen, Wendy) (Entered: 06/13/1995)

Endorsed order on page 2 of document# 28, resetting status conference for 4:00 on 6/28/95 before Magistrate Joan M. Azrack and that Ms. Lobin is to notify all parties. ( Signed by Magistrate Joan M. Azrack, dated 6/9/95 ) (Asreen, Wendy) (Entered: 06/13/1995)

Endorsed order on page 2 of document# 28, resetting status conference for 4:00 on 6/28/95 before Magistrate Joan M. Azrack and that Ms. Lobin is to notify all parties. ( Signed by Magistrate Joan M. Azrack, dated 6/9/95 ) (Asreen, Wendy)

Calendar entry: Conference held with Magistrate Azrack on 6/28/95. Plaintiffs to serve prospective interrogatories but plaintiffs will not request information regarding officers or attorneys. Set status conference for 4:00 on 9/14/95 before Magistrate Joan M. Azrack . (Asreen, Wendy) (Entered: 07/05/1995)

Calendar entry: Conference held on 7/24/95 before Magistrate Azrack. Consolidated Edison's attorney will submit the subject report for an in camera review. Decision is reserved regarding self-critical analysis privilage. (Guzzi, Roseann) (Entered: 07/26/1995)

MEMORANDUM AND ORDER dated 7/26/95 that to the extent the reports contain evaluative material, this court will not require defendant to disclose this information. The underlying facts and statistics, however, are not effected by the self-critical analysis privilege and must be disclosed. SEE DOCUMENT #31 FOR FURTHER DETAILS. ( signed by Judge John Gleeson ) (Guzzi, Roseann) (Entered: 07/28/1995)

Calendar entry: Before Mag. Judge Azrack on 9.12.95 conference held. Andrew Carboy for pltf. and Ken Standard for deft. Representative of Con Ed may sit in of deposition of Middleton . (Greene, Donna) (Entered: 09/19/1995)

Calendar entry: Before Mag. Judge Azrack on 9.14.95 at 4:00 p.m. case called for discovery conference. Parties present. Set status conference for 10:00 12/1/95 before Magistrate Joan M. Azrack . Pltf. to provide authorization with conformed order regasrding medical and psych. evaluation. Depositon to be held at Court House. (Greene, Donna) (Entered: 09/21/1995)

Calendar entry: Conference on 12/1/95 before Magistrate Azrack adjourned. Set status conference for 12/15/95 before Magistrate Joan M. Azrack . (Guzzi, Roseann) (Entered: 12/05/1995)

ORDER dated 12/22/95 setting the following disclosures and schedule. See document #35 for detailed schedule. ( signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 12/28/1995)

LETTER dated 2/22/96 from Louise Falcone, Secretary to Magistrate Azrack to All Counsel that the 2/29/96 scheduled conference has been re-scheduled for 4/1/96 at 3:30 before Magistrate Azrack. (Guzzi, Roseann) (Entered: 02/29/1996)

Calendar entry: Discovery conference held before Magistrate Azrack on 4/1/96. Counsel for all sides present. 1) From today forward the parties will exchange deposition transcripts and witnesses will be provided with their deposition transcript prior to their next scheduled deposition, if that desposition is not scheduled to resume the next day or shortly thereafter. Apparently, there was confusion such that defendant incurred costs for prior transcripts. I will not require plaintiffs to reimburse the defendants for the costs thus far because I believe that the transcript issue should have been resolved among the parties or failing that, brought immediately to my attention, wherein I would have ordered the arrangement I am ordering today. I will not penalize the plaintiffs because I believe they were under a misunderstanding with respect to how the transcript costs would be shared. 2) Plaintiffs are required to reimburse former Con Ed employee witnesses, produced by the defendant, for one half of their travel expenses. 3) Plaintiffs depositions are to be scheduled to be completed within as short a time span as possible. 4) Defendants are to provide plaintiff's counsel with a list detailing any omissions in the plaintiffs medical records. Defendants are not required to complete the plaintiff's depositions until they have received all relevant medical records. 5) Plaintiff's applications to depose Eugene McGrath and Arthur Hauspurg are denied at this time. Plaintiff's application to depose James O'Brien is granted. 6) With respect to any issues regarding outstanding interrogatories, counsel are to abide by the Local Rules of this District and attempt informal resolution of the issues prior to seeking court intervention. 7) With regard to the "Zellner List" plaintiffs are to consult with Ms. Zellner as to whether she is able to use any data provided by defendants pursuant to this courts order of December 22,1995. The parties are to attempt informal resolution of this matter and, that failing, seek court intervention. (Johnson, Tanya) (Entered: 04/08/1996)

Calendar entry: Conference of 5/29/96 adjourned to 7/31/96 before Magistrate Joan M. Azrack. (Greves, Liz) (Entered: 07/10/1996)

Calendar entry: Conference held on 10/4/96 before Magistrate Azrack. Set status conference for 10:00 on 12/17/96 before Magistrate Joan M. Azrack . (Guzzi, Roseann) (Entered: 10/15/1996)

LETTER dated 9/25/96 from Jonathan A. Fields to Andrew Carboy, Esq. advising that the 9/27/96 conference has been rescheduled to 10/16/96 at 11:00. (Guzzi, Roseann) (Entered: 10/15/1996)

ORDER dated 10/15/96 supplementing prior discovery order. Set status conference for 10:00 on 12/17/96 before Magistrate Joan M. Azrack . ( signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 10/24/1996)

Calendar entry: Conference held before Magistrate Azrack on 12/17/96. Status discovery going well. Set status conference for 10:00 on 3/13/97 before Magistrate Joan M. Azrack . (Murphy, Margaret) (Entered: 01/07/1997)

Calendar entry: Conference held on 3/20/97 before Magistrate Azrack. Upon in camera review of the submitted Con Edison documents I find the following: 1a) Samuel Darrell's performance review- not discoverable. b) Darrell's complaints to Con Edison re: performance review are discoverable. 2) Tony Bagby disability material are not relevant. 3) Tony Bagby workers comp file is discoverable. 4) Complaints of Johnson, Darrell & Cox are discoverable. 5) Cox performance evaluation is discoverable. 6) Earl Johnson's written comments re: performance review is discoverable. 7) Banire File- only disclose racial notes and Con Edison reply. Set status conference for 10:30 on 4/7/97 before Magistrate Joan M. Azrack . (Guzzi, Roseann) (Entered: 03/26/1997)

SCHEDULING ORDER dated 3/20/97 setting dates of depositions. Defendant is to repsond to outstanding requests by 4/4/96. Status conference scheduled for 6/5/97. See document #44 for details. ( signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 03/26/1997)

Calendar entry:, Before Mag. Azrack on 4/7/97. Status Conference adjourned to 4/28/97 before Magistrate Joan M. Azrack . (Piper, Francine) (Entered: 04/15/1997)

Calendar entry: Discovery conference held on 4/28/97 before Magistrate Azrack. Discovery rulings made. (Guzzi, Roseann) (Entered: 05/09/1997)

Calendar entry: Status conference on 6/5/97 is ADJOURNED. Reset status conference for 7/17/97 before Magistrate Joan M. Azrack . (Guzzi, Roseann) (Entered: 06/12/1997)

Calendar entry: Before Mag. Azrack on 7/17/97 at 10:00 a.m., case called. conference adjourned to 9/5/97 (Lui, Lin) (Entered: 07/17/1997)

Calendar entry:Before Mag Azrack Civil Conf. adjourned., set scheduling conference for 12/18/97 before Magistrate Joan M. Azrack (Jackson, Ramona) (Entered: 12/02/1997)

ORDER dtd. 12/16/97 GRANTED On ltr. dtd. 12/15/97 from Alan L.Fuschberg we seek an increase of the limit of 25 pages, set by your honor's rules, for our supporting memo. of law, and request a 50 page limit. We expect factual portion of the brief to include the follow: see document ( signed by Judge John Gleeson ) (Jackson, Ramona) (Entered: 12/19/1997)

Calendar entry:Before Mag Azrack Civil Conf. Discovery conf. held. Rulings attached. (Jackson, Ramona) (Entered: 01/16/1998)

Calendar entry:Before Mag Azrack Civil Conf. Counsel to send letetr re: revised briefing schedule on class cert. motion. (Jackson, Ramona) (Entered: 03/13/1998)

LETTER dated 3/6/98 from Alan L.Fuschberg to Mag Azrack parties have agreed on the following changes in briefing schedule: see document (Jackson, Ramona) (Entered: 03/18/1998)

Calendar entry:Before Mag Azrack Civil Cause for conf. Pties to meet by APril 1,1998 to discuss respectiove codes & definitions for proper statistical analyses for expert repts. (Jackson, Ramona) (Entered: 03/25/1998)

ORDER dtd. 7/21/98 The application is REFERRED to Mag Judge Azrack, to whom the motion for class certification is respectfully referred. On ltr. dtd. 7/16/98 from Larry Carbone request a page limit for its opposition memo. to 75 pages. ( signed by Judge John Gleeson ) (Jackson, Ramona) Modified on 07/30/1998 (Entered: 07/28/1998)

SCHEDULING ORDER dtd. 7/23/98. Pltff's expert reports 8/17/98, set scheduling order deadlines: Expert Discovery deadline on 9/14/98 Deadline for filing of motion for class certification by 9/21/98 Opposition papers 10/5/98 Pltff's reply 10/12/98. Report & Recommendation on submissions unless hearing requested. ( signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 07/30/1998)

Endorsed order dtd. 7/23/98 granting [55−1] order ( Signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 07/30/1998)

Endorsed order dtd. 7/23/98 granting [55-1] order ( Signed by Magistrate Joan M. Azrack ) (Jackson, Ramona)

STIPULATION and ORDER dtd. 9/16/98 Expert reports 10/1/98; Pltff's motion for class certification upon deft's 9/18/98 @ 3:00; Deft's opposition to pltff's motion for class certification 11/17/98; Reply to motion 12/15/98. (see document for all other orders) signed/ by Magistrate Joan M. Azrack Copies mailed (Jackson, Ramona) (Entered: 09/22/1998)

ORDER dtd. 10/16/98 Application GRANTED On ltr. dtd. 10/16/98 from K Standard new dates for the service and filing of the opposition papers of the deft. and reply papers of pltff's; 12/15/98 for deft's papers Pltff's papers 1/18/99. ( signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 10/21/1998)

ORDER dtd. 10/19/98 Application GRANTED. On ltr. dtd. 10/19/98 from Kenneth Standard Request oral argument not occur until at least 3 weeks after pltff's reply memo. served & filed. ( signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 10/21/1998)

LETTER dated 11/20/98 from Alan L. Fuchsberg to Magistrate Judge Azrack, asking that the Court deny defense counsel's request to again extend the briefing schedule in this case. (Reddy, Lisa) (Entered: 11/27/1998)

ORDER, granting defendant's request to extend briefing schedule. However, defendant must submit its Memo of Law by 1/15/99. Plaintiff's Reply Memo is then adjusted according to the 1/15/99 date . (Signed by Magistrate Joan M. Azrack, dated 11/23/98). Copies faxed by Chambers. See letter dated 11/20/98 from Jeanmarie Schieler to Magistrate Judge Azrack. (Reddy, Lisa) (Entered: 11/27/1998)

Calendar entry: Before Magistrate Azrack on 1/8/98 for a Conference. Defendant to serve supplemental expert report by January 15, 1999. Plaintiff to notify chambers and defendant if they will serve a supplemental reply. Defendant to serve reply brief opposing class motion by February 12, 1999. Plaintiff to serve surreply by March 26, 1999. SO ORDERED. (Gonzalez, Mary) (Entered: 01/20/1999)

AFFIDAVIT of ANDREW J. CARBOY Dorothy Sheppard et al (Jackson, Ramona) (Entered: 02/17/1999)

AFFIDAVIT by Dorothy Sheppard Re: information in databasea (Jackson, Ramona) (Entered: 02/17/1999)

AFFIDAVIT by Dorothy Sheppard Re: stip. of confidentiality (Jackson, Ramona) (Entered: 02/17/1999)

ORDER dtd. 3/23/99 APPROVED On ltr. dtd. 3/19/99 from Andrew J Carboy request the court approve modification schedule. Pltff's reply 3/26/99 Reply memo. 4/30/99. ( signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 03/24/1999)

ORDER dtd. 4/1/99 Pl app granted to 4/30 Oral argument will not be scheduled prior to 5/14 Oral argument 6/4/99 @ 10:00 On ltr. dtd. 3/24/99 from Kenneth Standard. ( signed by Magistrate-Judge Joan M. Azrack ) (Jackson, Ramona) (Entered: 04/13/1999)

LETTER dated 5/3/99 from Andrew J Carboy to Clerk enclosed pltff's moving papers. (Jackson, Ramona) (Entered: 05/04/1999)

MEMORANDUM by Dorothy Sheppard et al in support of motion for Class Certification (Jackson, Ramona) (Entered: 05/04/1999)

MEMORANDUM by Consolidated Edison in opposition to motion for class certification (Jackson, Ramona) (Entered: 05/04/1999)

AFFIDAVIT of GEORGE CHRIST0 Consolidated Edison Re: (Jackson, Ramona) (Entered: 05/04/1999)

AFFIDAVIT of CLAUDE TRAHAN Consolidated Edison (Jackson, Ramona) (Entered: 05/04/1999)

REPLY MEMORANDUM OF LAW by Dorothy Sheppard in further support of motion for class certification. (Jackson, Ramona) (Entered: 05/04/1999)

Pltff's Appendix: Sworn statements of Representative pltff's and sworn complaints of Class Members. (Jackson, Ramona) (Entered: 05/04/1999)

AFFIDAVIT of ALAN L. FUCHSBERG Dorothy Sheppard et al (Jackson, Ramona) (Entered: 05/04/1999)

MOTION by Dorothy Sheppard, James W. Austin Class Certification consisting of all African American Management and Upper Level Union Employees, Motion hearing [76-1] motion (Jackson, Ramona) (Entered: 05/04/1999)

AFFIDAVIT of KENNETH G. STANDARD Consolidated Edison (Jackson, Ramona) (Entered: 05/04/1999)

Exhibit list by Dorothy Sheppard et al Binder 1 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

Exhibit list by Dorothy Sheppard 2 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

Exhibit list by Dorothy Sheppard et al Binder 3 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

Exhibit list by Dorothy Sheppard et al Binder 4 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

AFFIDAVIT ANDREW J. CARBOY Dorothy Sheppard Re:in support [76-1] motion Class Certification consisting of all African American Management and Upper Level Union Employees (Jackson, Ramona) (Entered: 05/04/1999)

AFFIDAVIT of LARRY CARBONE Dorothy Sheppard Re:n support [76-1] motion Class Certification consisting of all African American Management and Upper Level Union Employees (Jackson, Ramona) (Entered: 05/04/1999)

ORDER, for report and recommendations Granting pltff's motion for certification of class under Rule 23 [76-1] ( signed by Magistrate-Judge Joan M. Azrack, on 9/9/99) (Jackson, Ramona) (Entered: 09/10/1999)