Case: Kivilaan v. American Airlines

3:04-cv-00814 | U.S. District Court for the Middle District of Tennessee

Filed Date: Sept. 10, 2004

Closed Date: Sept. 30, 2009

Clearinghouse coding complete

Case Summary

This class action by female employees at American Airlines, Inc. was filed on September 10, 2004, in the U.S. District Court Middle District of Tennessee. The plaintiffs, represented by private counsel, sought class certification as well as declaratory and injunctive relief, claiming that the defendant's health plan insurance policy discriminated against female employees by providing less complete coverage to women. The class action complaint alleged that the American's failure to provide the p…

This class action by female employees at American Airlines, Inc. was filed on September 10, 2004, in the U.S. District Court Middle District of Tennessee. The plaintiffs, represented by private counsel, sought class certification as well as declaratory and injunctive relief, claiming that the defendant's health plan insurance policy discriminated against female employees by providing less complete coverage to women.

The class action complaint alleged that the American's failure to provide the plaintiffs with health insurance coverage for prescription contraceptives constituted unlawful discrimination on the basis of sex. Specifically, the complaint alleged that the defendant engaged in disparate treatment by excluding prescription contraceptives and related services from its employees benefit plan while covering other prescription medications, and that the defendant's practice of excluding prescription contraception from its health insurance plan, which were available for use only by women, resulted in disparate impact.

The requested relief included preliminary and permanent injunctions against the defendant from engaging in unlawful practices (including an injunction ordering the defendant to provide coverage for the full range of prescription contraceptive drugs and devices and coverage for contraceptive-related services); a judgment declaring that the unlawful practices violated Title VII (PDA); an order restraining the defendant from any retaliation against the plaintiff or any class member; and costs and disbursements (including reasonable attorneys' fees).

On July 6, 2009, the parties agreed upon a Stipulation of Settlement and Release. The agreement stated that the completion of the settlement would not constitute an admission of liability or wrongdoing on the defendant's part and that when settled, the case would be dismissed on the merits with prejudice as to the defendant. The settlement included the following terms and conditions:

  • that the conditional class certification be granted for purposes of the settlement only

  • that starting on January 1, 2011, the defendant's health insurance plan will offer coverage to pharmacy-filled prescription contraceptives, but will exclude all other contraceptives not specifically identified and authorized that require medical intervention (this coverage will remain in place for at least 3 years, but is subject to periodic plan changes and revisions).

  • The settlement stated that the defendant will be responsible for the costs of notice and attorney fees if the combined total is not in excess of $1,000,000 (class counsel will settle the division of these attorneys' fees and costs amongst themselves), and the defendant will provide a $10,000 incentive award to the named plaintiff for serving as the class representative.

A few days after reaching the settlement, the court certified plaintiffs' class for settlement purposes only and granted preliminary approval of the proposed settlement. On September 30, 2009, the court granted final approval of the settlement. The court awarded $1,000,000 for reasonable attorneys' fees and costs and granted the $10,000 incentive award for the named plaintiff.

Summary Authors

Alice Liu (10/18/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4790970/parties/kivilaan-v-american-airlines/


Judge(s)

Bryant, John S. (Tennessee)

Nixon, John Trice (Tennessee)

Attorneys(s) for Plaintiff

Ball, Gordon (Tennessee)

Green, Llezlie Lloren (New York)

Mann, Ted L. (District of Columbia)

Nugent, Victoria S. (District of Columbia)

Potter, Robert (Alabama)

Attorneys(s) for Defendant

Crenshaw, Waverly David Jr. (Tennessee)

Graham, Stanley E. (Tennessee)

Hensley, Melissa M. (Texas)

Judge(s)

Bryant, John S. (Tennessee)

Nixon, John Trice (Tennessee)

Attorneys(s) for Plaintiff

Ball, Gordon (Tennessee)

Green, Llezlie Lloren (New York)

Mann, Ted L. (District of Columbia)

Nugent, Victoria S. (District of Columbia)

Potter, Robert (Alabama)

Attorneys(s) for Defendant

Crenshaw, Waverly David Jr. (Tennessee)

Graham, Stanley E. (Tennessee)

Hensley, Melissa M. (Texas)

Manthey, Ronald E. (Texas)

Turner, Eva W. (Texas)

Expert/Monitor/Master

Hausfeld, Michael D. (District of Columbia)

Johnson, Weyman T. Jr. (Georgia)

Documents in the Clearinghouse

Document

Civil Docket

Sept. 30, 2009 Docket
58

Plaintiff's Memorandum of Law in Support of Motion for Class Certification

Kivilaan v. American Airlines, Inc.

Nov. 16, 2006 Pleading / Motion / Brief
57

Plaintiff's Motion for Class Certification

Kivilaan v. American Airlines, Inc.

Nov. 16, 2006 Pleading / Motion / Brief
193

First Amended Class Action Complaint

June 10, 2009 Complaint
195

Motion for Order Granting Preliminary Approval of Proposed Settlement

Kivilaan v. American Airlines, Inc.

July 7, 2009 Pleading / Motion / Brief
197

Order Granting Preliminary Approval of Proposed Settlement

July 10, 2009 Order/Opinion
198

Notice of Proposed Class Action Settlement

Kivilaan v. American Airlines, Inc.

July 17, 2009 Notice Letter
205

Order Granting Motion for Attorneys' Fees

Kivilann v. American Airlines

Sept. 30, 2009 Order/Opinion
204

Final Judgment Granting Final Approval of Settlement

Kivilaan v. American Airlines, Inc.

Sept. 30, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4790970/kivilaan-v-american-airlines/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : 150.00 Receipt # 100812 (hv) (Entered: 09/15/2004)

Sept. 10, 2004 PACER
2

SUMMONS issued as to deft American Airlines (hv) (Entered: 09/15/2004)

Sept. 10, 2004 PACER
3

NOTICE of Initial Case Management Conference : ICMC set for 10:00 11/1/04 before Magistrate Judge Knowles (hv) (Entered: 09/15/2004)

Sept. 10, 2004 PACER
4

RETURN OF SERVICE executed upon deft American Airlines on 9/16/04; served a copy upon the Registered Agent at CT Corp, 530 Gay St, Knoxville, TN 37902. (hv) (Entered: 09/21/2004)

Sept. 20, 2004 PACER

PROPOSED Order extending time to answer. (hv)

Oct. 5, 2004 PACER
5

CONSENT MOTION by pltf, deft to extend time to answer (hv) (Entered: 10/05/2004)

Oct. 5, 2004 PACER
6

ORDER by Magistrate Judge E. C. Knowles GRANTING motion to extend time to answer [5-1] until 10/20/04 (cc: all counsel) EOD 10/12/04 (hv) (Entered: 10/12/2004)

Oct. 12, 2004 PACER
7

CONSENT MOTION extending time for pltf Kelley B. Kivilaan to file mtn for class certification . (w/ att'd proposed order) (dlt) (Entered: 10/18/2004)

Oct. 18, 2004 PACER
8

ORDER by Magistrate Judge E. C. Knowles granting motion extending time until 11/23/04 for pltf Kelley B. Kivilaan to file mtn for class certification [7-1]. (EOD 10/20/04) (cc: all counsel) (km) (Entered: 10/20/2004)

Oct. 20, 2004 PACER
9

ANSWER by deft American Airlines to [1-1]. (dlt) (Entered: 10/21/2004)

Oct. 20, 2004 PACER

PROPOSED Agreed Order re: mtn to transfer venue. (dlt)

Nov. 1, 2004 PACER
10

AGREED ORDER by Magistrate Judge E. C. Knowles: Deft is to file a mtn to transfer venue by 12/1/04. Pltf's response shall be filed by 12/22/04. Deft shall have until 1/7/05 to file an optional reply memorandum. W/in 30 days of the final disposition of deft's mtn to transfer venue, the Court will schedule a CMC. EOD 11/10/04 (cc: all counsel) (dlt) (Entered: 11/10/2004)

Nov. 9, 2004 PACER
11

CONSENT MOTION by deft to extend deadline for motion to transfer venue (w/attached proposed agreed order) (jb) (Entered: 11/29/2004)

Nov. 29, 2004 PACER
12

ORDER by Magistrate Judge E. C. Knowles granting motion to extend deadline for motion to transfer venue [11-1]. Deft's ddl to file mtn to transfer venue is extended until 12/6/04. Pltf's response shall be filed by 1/6/05. Deft shall have until 1/22/05 to file an optional reply memorandum. EOD 11/30/04 (cc: all counsel) (dlt) (Entered: 11/30/2004)

Nov. 30, 2004 PACER
13

MOTION by deft American Airlines to transfer venue . (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
14

MEMORANDUM OF LAW by deft American Airlines in support of motion to transfer venue [13-1]. (w/ attachments) (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
15

DECLARATION of Deborah L. Jameson by deft American Airlines re [13-1]. (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
16

DECLARATION of Carol Panke by deft American Airlines re [13-1]. (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
17

DECLARATION of Virginia Nisbet by deft American Airlines re [13-1] (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
18

DECLARATION of Gayla Coffelt by deft American Airlines re [13-1]. (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
19

DECLARATION of Kelly Banda by deft American Airlines re [13-1]. (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
20

DECLARATION of Jackie Quick by deft American Airlines re [13-1]. (dlt) (Entered: 12/07/2004)

Dec. 6, 2004 PACER
21

RESPONSE in opposition by pltf to motion to transfer venue [13-1] (w/attached exhibits A-F) (km) (Entered: 01/06/2005)

Jan. 6, 2005 PACER
22

REPLY by deft American Airlines to response to motion to transfer venue [13-1]. (dlt) (Entered: 01/25/2005)

Jan. 24, 2005 PACER
23

ORDER Initial Case Management Conference set for 9/12/2005 at 11:00 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles.Signed by Judge E. Clifton Knowles on 8/18/05. (dt) (Entered: 08/18/2005)

Aug. 18, 2005 PACER
24

MOTION for attorney Victoria Nugent to Appear Pro Hac Vice by Kelley B. Kivilaan. Responses due by 9/19/2005 (Attachments: # 1 Attachment# 2 Proposed Order)(Filing Fee Paid)(dt) (Entered: 09/08/2005)

1 Attachment

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2 Proposed Order

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Sept. 2, 2005 PACER
25

PROPOSED INITIAL CASE MANAGEMENT ORDER filed by Kelley B. Kivilaan. (dt) (Entered: 09/08/2005)

Sept. 7, 2005 PACER
26

Letter from Clerk to Victoria Nugent re: Certificate of Good Standing from the USDC needs to be filed in support of the Motion for Pro Hac Vice. (dt) (Entered: 09/09/2005)

Sept. 9, 2005 PACER
27

MOTION for attorney John Robert Potter to Appear Pro Hac Vice by Kelley B. Kivilaan. Responses due by 9/29/2005 (Attachments: # 1 Proposed Order)(PHV Filing Fee Paid on 9/12/05)(dt) (Entered: 09/12/2005)

1 Proposed Order

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Sept. 12, 2005 PACER
28

CERTIFICATE OF GOOD STANDING for John Robert Potter from the USDC/NDAL, USDC/MDAL and USDC/SDAL. (dt) (Entered: 09/12/2005)

Sept. 12, 2005 PACER
29

Minute Entry for proceedings held before Judge E. Clifton Knowles: Case Management Conference held on 9/12/2005. Court declines to enter CMO at this time; original Agreed Order entered into by the parties staying discovery pending resolution of the Motion to Transfer will remain in effect. (Tape #2005-36 MK.) (dt) (Entered: 09/13/2005)

Sept. 12, 2005 PACER
30

ORDER granting 27 Motion for Robert Potter to Appear Pro Hac Vice for Plaintiff. Signed by Judge E. Clifton Knowles on 9/13/05. (dt) (Entered: 09/13/2005)

Sept. 13, 2005 PACER
31

CERTIFICATE of Good Standing for VIctoria S. Nugent from the USDC for the District of Maryland filed by Kelley B. Kivilaan. (dt) (Entered: 09/28/2005)

Sept. 28, 2005 PACER
32

ORDER granting 24 Motion for Victoria S. Nugent to Appear Pro Hac Vice for Plaintiff. Signed by Judge E. Clifton Knowles on 10/5/05. (dt) (Entered: 10/05/2005)

Oct. 5, 2005 PACER
33

MOTION to Ascertain Status of the Case by Kelley B. Kivilaan. Responses due by 12/5/2005 (dt) (Entered: 11/18/2005)

Nov. 18, 2005 PACER
34

MEMORANDUM ORDER: As a result, the Court rules in favor of the Plaintiff and denies Defendant's 13 Motion to Change Venue. Signed by Judge John T. Nixon on 12/12/05. (dt) (Entered: 12/13/2005)

Dec. 13, 2005 PACER
35

MOTION for Reconsideration and Request for Oral Argument by American Airlines, Inc. Responses due by 1/9/06. (Crenshaw, Waverly) Modified Text on 12/27/05 (jb). (Entered: 12/22/2005)

Dec. 22, 2005 PACER
36

MEMORANDUM OF LAW in Support of 35 Motion for Reconsideration filed by American Airlines, Inc. (Attachment: (1) Exhibit A-Declaration of Vincent Carver)(Crenshaw, Waverly) Modified Text on 12/27/05 (jb). (Entered: 12/22/2005)

1 Exhibit A-Declaration of Vincent Carver

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Dec. 22, 2005 PACER

NOTE TO FILER RE: DE #35 & #36: DE #35 is a two part motion filed as a one part motion. In the future, when filing a two part motion (Motion for Reconsideration & Request for Oral Argument), under Motion, select Reconsideration and while holding down the control key, select Hearing. This will highlight both events and create a two part motion. DE #36 is a Memorandum of Law with an attached Declaration. If the Declaration is to be treated as an Original Declaration, to be made part of the record, it should be filed separately using Declaration under other documents. (jb, )

Dec. 27, 2005 PACER
37

First MOTION to Amend Agreed Order by Kelley B. Kivilaan. Responses due by 1/27/2006 (Nugent, Victoria) Modified Text on 1/10/2006 (dt). (Entered: 01/10/2006)

Jan. 10, 2006 PACER
38

ORDER granting 37 Motion to Amend Agreed Order entered on 11/1/04. Signed by Judge E. Clifton Knowles on 1/13/06. (dt) (Entered: 01/13/2006)

Jan. 13, 2006 PACER
39

MOTION to Ascertain Status of the Case by Kelley B. Kivilaan. Responses due by 3/27/2006 (Nugent, Victoria) (Entered: 03/10/2006)

March 10, 2006 PACER
40

ORDER denying 35 Motion for Reconsideration and request for oral argument . Signed by Judge John T. Nixon on 3/22/06. (km, ) (Entered: 03/23/2006)

March 23, 2006 PACER
41

ORDER setting Case Management Conference for 4/17/06 at 11:00 AM. Signed by Judge E. Clifton Knowles on 4/5/06. (gi, ) (Entered: 04/05/2006)

April 5, 2006 PACER
42

MOTION for attorney Melissa M. Hensley to Appear Pro Hac Vice by American Airlines, Inc.. Responses due by 5/1/2006 (Graham, Stanley) (PHV Fee paid on 4/12/06) Modified Text on 4/12/2006 (dt). (Entered: 04/12/2006)

April 12, 2006 PACER
43

CERTIFICATE OF GOOD STANDING filed by American Airlines, Inc.. (Graham, Stanley) (Entered: 04/12/2006)

April 12, 2006 PACER
44

MOTION for attorney Ronald E. Manthey to Appear Pro Hac Vice by American Airlines, Inc.. Responses due by 5/1/2006 (Graham, Stanley)(Fee Paid on 4/12/06) Modified Text on 4/12/2006 (dt). (Entered: 04/12/2006)

April 12, 2006 PACER
45

CERTIFICATE OF GOOD STANDING filed by American Airlines, Inc.. (Graham, Stanley) (Entered: 04/12/2006)

April 12, 2006 PACER
46

RECEIPT #109541 in the amount of $150.00 posted by Waller Lansden for Melissa Hensley and Ronald Manthey, attorneys for American Airlines, Inc. re 42 44 Motions to Appear Pro Hac Vice. (dt) (Entered: 04/12/2006)

April 12, 2006 PACER
47

PROPOSED CASE MANAGEMENT ORDER filed by all parties. (Graham, Stanley) (Entered: 04/12/2006)

April 12, 2006 PACER

Minute Entry for proceedings held before Judge E. Clifton Knowles : Case Management Conference held on 4/17/2006. Proposed Case Mangement Order submitted; parties to amend order and resubmit within 1 week (Tape #2006-18 MK.) (Knoch, Marcia)

April 17, 2006 PACER
48

ORDER granting 42 Motion for Melissa M. Hensley to Appear Pro Hac Vice. Signed by Judge E. Clifton Knowles on 04/18/06. (dt) Modified Text on 4/26/2006 (dt). (Entered: 04/18/2006)

April 18, 2006 PACER
49

ORDER granting 44 Motion for Ronald E. Manthey to Appear Pro Hac Vice. Signed by Judge E. Clifton Knowles on 4/18/06. (dt) (Entered: 04/18/2006)

April 18, 2006 PACER
50

PROPOSED CASE MANAGEMENT ORDER filed by Kelley B. Kivilaan. (Nugent, Victoria) (Entered: 04/24/2006)

April 24, 2006 PACER

NOTE TO FILER: Re: Document No. 50; In the future, Scanning should be used ONLY for documents that do not exist in electronic format on your computer. Examples of documents that may be scanned are police reports, executed contracts, or documents that contain signatures other than that of the filing user (see section 8 - "Signatures" of our Administrative Practices and Procedures for Electronic Case Filing). This document does not need to be Re-filed unless otherwise directed by the Court. (km, )

April 25, 2006 PACER
51

NOTICE of Filing by American Airlines, Inc. (Attachments: # 1 Exhibit Proposed Initial Case Management Order# 2 Exhibit Letter to Manthey from Nugent)(Crenshaw, Waverly) (Entered: 04/25/2006)

1 Exhibit Proposed Initial Case Management Order

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2 Exhibit Letter to Manthey from Nugent

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April 25, 2006 PACER
52

NOTICE of Appearance by Ronald Manthey and Melissa Hensley on behalf of American Airlines, Inc. (Graham, Stanley) Modified Text on 4/27/2006 (dt). (Entered: 04/26/2006)

April 26, 2006 PACER
53

MOTION to Ascertain Status of the Case by Kelley B. Kivilaan. Responses due by 7/17/2006 (Potter, Robert) (Entered: 06/29/2006)

June 29, 2006 PACER
54

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 6/30/2006. Discovery due by 7/13/2007. Motions due by 8/1/2007. Signed by Judge E. Clifton Knowles on 7/19/06. (km, ) (Entered: 07/19/2006)

July 19, 2006 PACER
55

ORDER granting 53 Motion to Ascertain Status of the case. The Court has entered Deft's version of the Initial Case Management Order . Signed by Judge E. Clifton Knowles on 7/19/06. (km, ) (Entered: 07/19/2006)

July 19, 2006 PACER
56

ORDER: Pursuant to Administrative Order No. 138-4, the Clerk is directed to reassign this case to Magistrate Judge John S. Bryant. The case remains assigned to District Judge John T. Nixon. Magistrate Judge E. Clifton Knowles no longer assigned to case. Signed by Judge E. Clifton Knowles on 9/28/06. (dt) (Entered: 09/28/2006)

Sept. 28, 2006 PACER
57

MOTION to Certify Class by Kelley B. Kivilaan. (Nugent, Victoria) (Entered: 11/16/2006)

Nov. 16, 2006 PACER
58

MEMORANDUM in Support of 57 MOTION to Certify Class filed by Kelley B. Kivilaan. (Attachments: # 1 Exhibit # 2 Exhibit Exhibit A-1# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E# 7 Exhibit Exhibit F# 8 Exhibit Exhibit G# 9 Exhibit Exhibit H# 10 Exhibit Exhibit I# 11 Exhibit Exhibit J)(Nugent, Victoria) (Entered: 11/16/2006)

1 Exhibit

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2 Exhibit Exhibit A-1

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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Nov. 16, 2006 PACER

Note to Filer re DE# 57-58: The proposed order should be filed as a separate attachment to the main document and the mandatory description field used. The mandatory description field should be used to accurately describe the contents of your attachments (labeling as Exhibits A, B, C or Exhibits 1, 2, 3 is not sufficient). This document does not need to be re-filed unless otherwise directed by the Court. (dt)

Nov. 17, 2006 PACER
59

UNOPPOSED MOTION to Extend Deadlines by American Airlines, Inc.(Hensley, Melissa) Modified Text on 1/9/2007 (dt). (Entered: 01/08/2007)

Jan. 8, 2007 PACER
60

ORDER granting 59 Unopposed MOTION to Extend Deadlines. Discovery deadline reset for 8/24/2007. Dispositive Motions filing deadline reset for 9/12/2007. Signed by Judge John S. Bryant on 1/17/07. (dt) (Entered: 01/17/2007)

Jan. 17, 2007 PACER
61

RESPONSE to Motion re 57 MOTION to Certify Class filed by American Airlines, Inc.. (Hensley, Melissa) (Entered: 02/06/2007)

Feb. 6, 2007 PACER
62

MEMORANDUM in Support of 61 Response to Motion filed by American Airlines, Inc.. (Attachments: # 1 Exhibit A - Pl's Depo, Def's Evid. 0001-0043# 2 Exhibit B-James Dec., Def's Evid 0044-46# 3 Exhibit (B)(1)-Plan Exceprts Def's Evid 0047-87# 4 Exhibit B(1)-Plan Excerpts, Def's Evid 0088-114# 5 Exhibit C-Morrison Dec, Def's Evid 0115-117# 6 Exhibit C(1)-Prior Auth Form, Def's Evid 0118# 7 Exhibit D-Geib Dec, Def's Evid 0119-120# 8 Exhibit E-Kissick Dec, Def's Evid 0121-122# 9 Exhibit E(1)-Chart of HMOs, Def's Evid 0123# 10 Exhibit F-Seminara Dec, Def's Evid 0124-125# 11 Exhibit G-Pl's Initial Disclosures, Def's Evid 0126-128# 12 Exhibit H-Ortho TriCyclen pkg, Def's Evid 0129-152# 13 Exhibit H-Ortho TriCyclen, Def's Evid 0153-172# 14 Exhibit I-Plan B, Def's Evid 0173-196# 15 Exhibit I-Plan B, Def's Evid 0197-213# 16 Exhibit J-Pl's Answers to D's Interrogs, Def's Evid 0214-228)(Hensley, Melissa) (Entered: 02/06/2007)

1 Exhibit A - Pl's Depo, Def's Evid. 0001-0043

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2 Exhibit B-James Dec., Def's Evid 0044-46

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3 Exhibit (B)(1)-Plan Exceprts Def's Evid 0047-87

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4 Exhibit B(1)-Plan Excerpts, Def's Evid 0088-114

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5 Exhibit C-Morrison Dec, Def's Evid 0115-117

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6 Exhibit C(1)-Prior Auth Form, Def's Evid 0118

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7 Exhibit D-Geib Dec, Def's Evid 0119-120

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8 Exhibit E-Kissick Dec, Def's Evid 0121-122

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9 Exhibit E(1)-Chart of HMOs, Def's Evid 0123

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10 Exhibit F-Seminara Dec, Def's Evid 0124-125

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11 Exhibit G-Pl's Initial Disclosures, Def's Evid 0126-128

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12 Exhibit H-Ortho TriCyclen pkg, Def's Evid 0129-152

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13 Exhibit H-Ortho TriCyclen, Def's Evid 0153-172

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14 Exhibit I-Plan B, Def's Evid 0173-196

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15 Exhibit I-Plan B, Def's Evid 0197-213

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16 Exhibit J-Pl's Answers to D's Interrogs, Def's Evid 0214-228

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Feb. 6, 2007 PACER

Note to Filer re DE# 62: Signed declarations should be filed as separate events, not as attachments to other pleadings. This document does not need to be re-filed unless otherwise directed by the Court. (dt)

Feb. 6, 2007 PACER
63

MOTION for attorney Llezlie L. Green to Appear Pro Hac Vice by Kelley B. Kivilaan. (Attachments: # 1 Order# 2 Attachment 1 - Certificate of Good Standing from State of NY Supreme Court, # 3 Attachment 2 - Certificate of Good Standing DC# 4 Certificate of Service from District of Columbia Court of Appeals)(Nugent, Victoria) (PHV fee paid on 2/12/07) Modified Text on 2/12/2007 (dt). (Entered: 02/09/2007)

1 Order

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2 Attachment 1 - Certificate of Good Standing NY

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3 Attachment 2 - Certificate of Good Standing DC

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4 Certificate of Service

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Feb. 9, 2007 PACER

Note to Filer re DE# 63: This document has been scanned. Scanning should be used only for documents that are not created on your computer. The certificate of good standing needs to be from the U.S. District Court. The certificate of good standing must be re-filed. The other documents do not need to be re-filed. (dt)

Feb. 12, 2007 PACER
64

RECEIPT #113511 in the amount of $75.00 posted by Cohen Milstein Hausfeld for Liezlie Lloren Green, attorney for Kelley B. Kivilaan, re 63 Motion to Appear Pro Hac Vice. (dt) (Entered: 02/12/2007)

Feb. 12, 2007 PACER
65

CERTIFICATE OF GOOD STANDING filed by Kelley B. Kivilaan. (Nugent, Victoria) (Entered: 02/15/2007)

Feb. 15, 2007 PACER
66

ORDER granting 63 Motion for Llezlie Lloren Green to Appear Pro Hac Vice. Signed by Judge John S. Bryant on 2/16/07. (dt) (Entered: 02/16/2007)

Feb. 16, 2007 PACER

Llezlie Lloren Green was notified by e-mail to register for an ECF Account. (dt)

Feb. 16, 2007 PACER
67

MOTION for Leave to Enlarge Page Limit by Kelley B. Kivilaan. (Attachments: # 1 Proposed Order)(Nugent, Victoria) (Entered: 03/23/2007)

1 Proposed Order

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March 23, 2007 PACER
68

REPLY to Response to Motion re 57 MOTION to Certify Class filed by Kelley B. Kivilaan. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(Nugent, Victoria) (Entered: 03/23/2007)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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March 23, 2007 PACER
69

Additional Attachments to Main Document re: 68 Reply to Response to Motion. (Attachments: # 1 Exhibit J., Def's Answers Second Set of Interrogs., Pl's Class Reply000087-88# 2 Exhibit K, Email from UHC, Pl.'s Class Reply000089-98# 3 Exhibit L., Kivilaan Dep., Pl.'s Class Reply000097-114# 4 Exhibit M, Pl.'s Answers to First Interrogs, Pl.'s Class Reply000115-121# 5 Exhibit N, MIrena Patient Info., Pl.'s Class Reply000122-129# 6 Exhibit O, Pl.'s Suppl Answers First Interrogs, Pl.'s Class Reply000130-133# 7 Exhibit P, Felde v. City of San Jose, Pl.'s Class Reply000134-137# 8 Exhibit Q, Leonard v. Southtec, Pl.'s Class Reply000138-148# 9 Exhibit R., In re Union Pac. R.R., (D. Neb.), Pl's Class Reply000149-157# 10 Exhibit S, In re Union Pac. R.R. (8th Cir.), Pl.'s Class Reply000158-170)(Nugent, Victoria) (Entered: 03/23/2007)

1 Exhibit J., Def's Answers Second Set of Interrogs., Pl's Class Reply00

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2 Exhibit K, Email from UHC, Pl.'s Class Reply000089-98

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3 Exhibit L., Kivilaan Dep., Pl.'s Class Reply000097-114

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4 Exhibit M, Pl.'s Answers to First Interrogs, Pl.'s Class Reply000115-1

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5 Exhibit N, MIrena Patient Info., Pl.'s Class Reply000122-129

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6 Exhibit O, Pl.'s Suppl Answers First Interrogs, Pl.'s Class Reply00013

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7 Exhibit P, Felde v. City of San Jose, Pl.'s Class Reply000134-137

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8 Exhibit Q, Leonard v. Southtec, Pl.'s Class Reply000138-148

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9 Exhibit R., In re Union Pac. R.R., (D. Neb.), Pl's Class Reply000149-157

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10 Exhibit S, In re Union Pac. R.R. (8th Cir.), Pl.'s Class Reply000158-170

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March 23, 2007 PACER

Note to Filer re: DE#'s 68-69: The Reply brief should have been filed as an attachment to the Motion for Leave to File, not as a separate entry. The mandatory description field should be used to accurately describe the contents of your attachments (labeling as Exhibit 1, 2, & 3 is not sufficient). These documents do not need to be re-filed unless otherwise directed by the Court. (dt)

March 26, 2007 PACER
70

Letter from Clerk to Mr. Ball re compliance with Local Rule 83.01. (Entered: 04/05/2007)

April 5, 2007 PACER
71

Letter from Ronald E. Manthey regarding vacation dates and requesting that nothing be set in this case during that time. (dt) (Entered: 04/18/2007)

April 17, 2007 PACER
72

OPPOSED MOTION for Leave to file Sur-Reply in Opposition to 57 Pltf's Motion for Class Certification by American Airlines, Inc. (Attachments: (1) Exhibit 1 - Defendant's Sup-Reply in Opposition to Plaintiff's Motion for Class Certification (2) Exhibit 2 - "Exhibit K" to Defendant's Sur-Reply (3) Exhibit 3 - "Exhibit L" to Defendant's Sur-Reply (4) Exhibit 4 - "Exhibit M" to Defendant's Sur-Reply (5) Proposed Order Order Granting Defendant's Sur-Reply in Opposition to Plaintiff's Motion for Class Certification)(Hensley, Melissa) Modified Text on 4/20/07 (jb). (Entered: 04/20/2007)

1 Exhibit 1 - Defendant's Sup-Reply in Opposition to Plaintiff's Motion

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2 Exhibit 2 - "Exhibit K" to Defendant's Sur-Reply

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3 Exhibit 3 - "Exhibit L" to Defendant's Sur-Reply

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4 Exhibit 4 - "Exhibit M" to Defendant's Sur-Reply

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5 Proposed Order Order Granting Defendant's Sur-Reply in Opposition to Plaint

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April 20, 2007 PACER
73

First MOTION to Compel Responses to Discovery Requests by Kelley B. Kivilaan. (Nugent, Victoria) (Entered: 04/25/2007)

April 25, 2007 PACER
74

MEMORANDUM in Support of 73 First MOTION to Compel Responses to Discovery Requests filed by Kelley B. Kivilaan. (Attachments: (1) Exhibit A Busler v. Kmart (2) Exhibit B EEOC Decision (3) Exhibit C Employee Benefits Guide (4) Exhibit D Deposition of Deborah Jameson (5) Exhibit E Plaintiff's First Set of Requests for Admissions (6) Exhibit F Plaintiff's Second Set of Requests for Admissions (7) Exhibit G Defendant's Responses to Plaintiff's First Set of Interrogatories (8) Exhibit H FDA Birth Control Guide (9) Exhibit I Medco Prior Authorization Form (10) Exhibit J April 23, 2007 Letter to Melissa Hensley)(Nugent, Victoria) Modified Text on 4/25/07 (jb). (Entered: 04/25/2007)

1 Exhibit A Busler v. Kmart

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2 Exhibit B EEOC Decision

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3 Exhibit C Employee Benefits Guide

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4 Exhibit D Deposition of Deborah Jameson

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5 Exhibit E Plaintiff's First Set of Requests for Admissions

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6 Exhibit F Plaintiff's Second Set of Requests for Admissions

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7 Exhibit G Defendant's Responses to Plaintiff's First Set of In

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8 Exhibit H FDA Birth Control Guide

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9 Exhibit I Medco Prior Authorization Form

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10 Exhibit J April 23, 2007 Letter to Melissa Hensley

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April 25, 2007 PACER
75

ORDER granting 67 Motion for Leave to Enlarge Page Limit relating to Reply Memorandum in support of Plaintiff's Motion for Class Certification. Signed by Judge John S. Bryant on 4/25/07. (dt) (Entered: 04/25/2007)

April 25, 2007 PACER
76

Letter from Atty Melissa Hensley regarding her vacation schedule. (dt) (Entered: 05/02/2007)

April 30, 2007 PACER
77

RESPONSE in Opposition re 72 MOTION for Leave to re 62 Memorandum in Support,,,,, 68 Reply to Response to Motion, 61 Response to Motion Plaintiff's Opposition to Defendant's Motion for Leave to File Sur-reply filed by Kelley B. Kivilaan. (Attachments: # 1 Exhibit Ex. A Deposition of Kelley B. Kivilaan# 2 Exhibit Ex. B Kernan v. Holiday Universal Inc. 1990 WL 289505 (D. MD 1990)# 3 Exhibit Ex. C Deposition of Deborah Jameson# 4 Exhibit Ex. D Defendant's Supplemental and Amended Answers to Interrogatories# 5 Exhibit Ex. E Letter to Ronald Manthey (Dec. 8, 2006)# 6 Exhibit Ex. F Letters to Victoria Nugent (Dec. 15 and 22, 2006)# 7 Exhibit Ex. G Defendant's Second Supplemental and Amended Answers to Interrogatories# 8 Exhibit Ex. H E-mail correspondence between counsel for the parties# 9 Exhibit Exhibit I Message from M. Hensley (March 23, 2007))(Nugent, Victoria) (Entered: 05/07/2007)

1 Exhibit Ex. A Deposition of Kelley B. Kivilaan

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2 Exhibit Ex. B Kernan v. Holiday Universal Inc. 1990 WL 289505 (D. MD 1990)

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3 Exhibit Ex. C Deposition of Deborah Jameson

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4 Exhibit Ex. D Defendant's Supplemental and Amended Answers to Interrogatori

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5 Exhibit Ex. E Letter to Ronald Manthey (Dec. 8, 2006)

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6 Exhibit Ex. F Letters to Victoria Nugent (Dec. 15 and 22, 2006)

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7 Exhibit Ex. G Defendant's Second Supplemental and Amended Answers to Interr

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8 Exhibit Ex. H E-mail correspondence between counsel for the parties

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9 Exhibit Exhibit I Message from M. Hensley (March 23, 2007)

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May 7, 2007 PACER
78

Consent MOTION for Extension of Time to File Response/Reply as to 74 Memorandum in Support,,, 77 Response in Opposition to Motion,,,, 73 First MOTION to Compel Responses to Discovery Requests by American Airlines, Inc.. (Attachments: # 1 Proposed Order)(Graham, Stanley) (Entered: 05/09/2007)

1 Proposed Order

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May 9, 2007 PACER
79

ORDER granting 78 Motion for Extension of Time to File Response/Reply re 78 Consent MOTION for Extension of Time to File Response/Reply as to 74 Memorandum in Support, 77 Response in Opposition to Motion, 73 First MOTION to Compel. Defendant's deadline to file its Response to Plaintiff's Motion to Compel is 5/17/07 and its deadline to file its Reply in Opposition to Defendant's Request for Leave to File a Sur-Reply is 5/22/07. Signed by Judge John S. Bryant on 5/10/07. (dt) (Entered: 05/10/2007)

May 10, 2007 PACER
80

Consent MOTION for Extension of Time to File Response/Reply as to 74 Memorandum in Support,,, 77 Response in Opposition to Motion,,,, 73 First MOTION to Compel Responses to Discovery Requests by American Airlines, Inc.. (Attachments: # 1 Proposed Order)(Crenshaw, Waverly) (Entered: 05/17/2007)

1 Proposed Order

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May 17, 2007 PACER
81

ORDER: Defendant's deadline to file its Response to Plaintiff's MOTION to Compel is 5/21/07 and its deadline to file its Reply in Opposition to Defendant's Request for Leave to File a Sur-Reply is 5/24/07. Signed by Judge John S. Bryant on 5/18/07. (dt) (Entered: 05/18/2007)

May 18, 2007 PACER
82

RESPONSE to Motion re 73 First MOTION to Compel Responses to Discovery Requests filed by American Airlines, Inc.. (Attachments: # 1 Exhibit A - Defendant's Discovery Responses# 2 Exhibit B - The first and last pages of the 2005 Flight Attendant Employee Benefit Guide# 3 Exhibit C - Deposition of Deborah Lynn Jameson)(Hensley, Melissa) (Entered: 05/21/2007)

1 Exhibit A - Defendant's Discovery Responses

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2 Exhibit B - The first and last pages of the 2005 Flight Attendant Employee Benef

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3 Exhibit C - Deposition of Deborah Lynn Jameson

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May 21, 2007 PACER
83

DECLARATION of Tricia Herschell filed by American Airlines, Inc. re: 82 Response to Motion,. (Hensley, Melissa) (Entered: 05/21/2007)

May 21, 2007 PACER
84

REPLY to Response to Motion re 72 MOTION for Leave to re 62 Memorandum in Support,,,,, 68 Reply to Response to Motion, 61 Response to Motion filed by American Airlines, Inc.. (Attachments: # 1 Exhibit A - Plaintiff's Initial Disclosures# 2 Exhibit B - Plaintiff's Supplemental Disclosures# 3 Exhibit C - Plaintiff's Response to Defendant's Interrogatories# 4 Exhibit D - Excerpts from the Deposition of Kelley Kivilaan# 5 Exhibit E - Excerpt from US District Court Civil Docket in Kernan, et al. v. Holiday Universal, et al.)(Hensley, Melissa) (Entered: 05/24/2007)

1 Exhibit A - Plaintiff's Initial Disclosures

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2 Exhibit B - Plaintiff's Supplemental Disclosures

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3 Exhibit C - Plaintiff's Response to Defendant's Interrogatories

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4 Exhibit D - Excerpts from the Deposition of Kelley Kivilaan

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5 Exhibit E - Excerpt from US District Court Civil Docket in Kernan, et al. v. Hol

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May 24, 2007 PACER
85

MOTION for Leave to Plaintiff's Unopposed Motion for Leave to File Reply Memorandum in Support of Motion to Compel Discovery Responses by Kelley B. Kivilaan. (Nugent, Victoria) (Entered: 05/29/2007)

May 29, 2007 PACER
86

REPLY MEMORANDUM in Support to 85 MOTION for Leave to Plaintiff's Unopposed Motion for Leave to File Reply Memorandum in Support of Motion to Compel Discovery Responses filed by Kelley B. Kivilaan. (Attachments: # 1 Exhibit A Defendant's Answers and Objections to Plaintiff's Requests for Admission# 2 Exhibit Exhibit B April 2, 2007 letter to M. Hensley# 3 Exhibit C April 23, 2007 letter to M. Henlsey# 4 Exhibit D Deposition of Deborah Jameson (excerpts))(Nugent, Victoria) Modified Text on 5/30/2007 (dt). (Entered: 05/29/2007)

1 Exhibit A Defendant's Answers and Objections to Plaintiff's Requests f

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2 Exhibit Exhibit B April 2, 2007 letter to M. Hensley

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3 Exhibit C April 23, 2007 letter to M. Henlsey

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4 Exhibit D Deposition of Deborah Jameson (excerpts)

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May 29, 2007 PACER

Note to Filer re Docket Entry No 86: The Reply brief should have been filed as an attachment to the Motion for Leave to File, not as a separate entry. This document does not need to be re-filed unless otherwise directed by the Court. (dt)

May 30, 2007 PACER
87

ORDER granting 85 Motion for Leave to File Reply Memorandum. Reply Memorandum has already been filed, see DE# 86 . Signed by Judge John S. Bryant on 5/30/07. (dt) (Entered: 05/30/2007)

May 30, 2007 PACER
88

MOTION to Withdraw Weyman T. Johnson, Jr., as Attorney by American Airlines, Inc. (Attachments: # 1 Proposed Order)(dt) (Entered: 06/05/2007)

1 Proposed Order

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June 4, 2007 PACER
89

ORDER granting 88 Motion to Withdraw Weyman T. Johnson, Jr., as Attorney in this case. Attorney Weyman T. Johnson, Jr terminated. Signed by Judge John S. Bryant on 6/5/07. (dt) (Entered: 06/05/2007)

June 5, 2007 PACER

State / Territory: Tennessee

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 10, 2004

Closing Date: Sept. 30, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are current female employees of American Airlines who are or were eligible for benefits and are covered or have been covered under American Airlines' heath insurance plan between February 18, 2003 and September 30, 2009.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

American Airlines, Inc., Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,010,000

Order Duration: 2009 - 2011

Content of Injunction:

Develop anti-discrimination policy

Reasonable Accommodation

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female