Case: Duling v. Gristede's Operating Corp.

1:06-cv-10197 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 23, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On October 23, 2006, a class action lawsuit was brought in the United States District Court for the Southern District of New York under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e; the New York State Human Rights Law, New York Executive Law § 296; and the New York City Human Rights Law, New York City Administrative Code §§ 8-101 against Gristede's Operating Corp., a retail chain of grocery stores. Former female cashiers of Gristede's, represented by private counsel, claimed th…

On October 23, 2006, a class action lawsuit was brought in the United States District Court for the Southern District of New York under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e; the New York State Human Rights Law, New York Executive Law § 296; and the New York City Human Rights Law, New York City Administrative Code §§ 8-101 against Gristede's Operating Corp., a retail chain of grocery stores. Former female cashiers of Gristede's, represented by private counsel, claimed that the company engaged in discriminatory company-wide practices and policies with regard to placing, promoting, and compensating women with the effect of denying them equal opportunities. The plaintiffs sought declaratory, injunctive, and monetary relief.

Specifically, the plaintiffs alleged that the defendant channeled women into lower-paying, part-time positions such as cashier or bookkeeper; this was done without regard to their qualifications or capabilities. Further, the plaintiffs claimed that store managers and upper management, the overwhelming majority of whom were male, almost uniformly offered promotions to males.

The complaint was amended on June 21, 2007 and again on January 1st, 2010. The major allegations remained unchanged, though some of the specific plaintiffs were added and removed from the case. There was a lengthy and contentious discovery battle between the parties.

On March 8, 2010, the District Court (Judge Laura Taylor Swain) issued an order that (1) denied Defendant's motion to strike expert reports and (2) certified the proposed class. First, the court summarized the findings of fact up to this point in discovery. The court determined that the defendant's hiring and promotional decisions were primarily made by males and were highly discretionary, with no objective criteria to follow. Further, there was evidence that most female prospective employees were told cashier positions were the only ones available, and that they were never informed of promotional opportunities. The court in this order allowed expert testimony based on statistical information that may show that gender disparities exist in the defendant's hiring and promoting practices. Also, the court certified a class of "all current and former female Gristede's employees who worked for Gristede's at any time between November 2, 2004 and the date of final judgment in this matter." This class was certified, however only for the purposes of conjunctive and declaratory relief.

After two years of discovery motions and hearings, the parties agreed to a Settlement that awarded the Plaintiffs' $1,450,000 in May of 2012. On November 15, 2012 the court issued an order approving the preliminary settlement and conditionally certifying the settlement class. In March 1, 2013 the plaintiffs moved for final certification of class and approval of the settlement. Judge Swain approved it on June 19th, 2013. 2013 WL 3146772.

The class was finalized, and included female employees of the Defendant between November 2, 2004 and November 14, 2012. The settlement included the monetary award to the Plaintiffs of $1,450,000, and forward-looking corrective measures, including prohibiting the steering of females into low paying jobs, maximizing efforts to increase female participation at the management level, and posting management positions online that are available to everyone. The corrective measures were to be enforced by a compliance monitor. The parties were also instructed to make good faith efforts to negotiate proper attorneys' fees.

The case was closed August 14, 2013.

Summary Authors

Adam Teitelbaum (3/30/2010)

Salvatore Mancina (11/6/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5016249/parties/duling-v-gristedes-operating-corp/


Judge(s)

Pitman, Henry B. (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Barros, Delyanne (New York)

Bien, Rachel Megan (New York)

Greene, Cara Elizabeth (New York)

Hirose, Mariko (New York)

Hoffman, Piper (New York)

Klein, Adam T. (New York)

Steel, Lewis M (New York)

Swartz, Justin (New York)

Judge(s)

Pitman, Henry B. (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Barros, Delyanne (New York)

Bien, Rachel Megan (New York)

Greene, Cara Elizabeth (New York)

Hirose, Mariko (New York)

Hoffman, Piper (New York)

Klein, Adam T. (New York)

Steel, Lewis M (New York)

Swartz, Justin (New York)

Attorneys(s) for Defendant

Donovan, Joseph Ted (New York)

Nash, Kevin J (New York)

Pankow, Emily Rose (New York)

Parlo, Christopher (New York)

Puma, Michael J. (New York)

Slatin, Amanda Nicole (New York)

Documents in the Clearinghouse

Document

Docket

June 6, 2014 Docket
1

Complaint

Hill v. Gristede's Operating Corp.

Oct. 23, 2006 Complaint
120

Second Amended Complaint

Jan. 19, 2010 Complaint
127

Opinion and Order (Certifying Classes)

267 F.R.D. 86, 2010 WL 768869

March 8, 2010 Order/Opinion

Press Release

No Court

March 9, 2010 Press Release
170

Order Granting Plaintiffs' Motion for Preliminary Approval of Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of the Proposed Notice of Settlement [...]

2012 WL 5835302

Nov. 15, 2012 Order/Opinion
182

Order Granting Plaintiffs' Motion for Certification of the Settlement Class, Final Approval of the Class Action Settlement, and Class Representative Service Awards and Individual Awards

2013 WL 3146772

June 19, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5016249/duling-v-gristedes-operating-corp/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
36

MEMORANDUM OPINION AND ORDER #94803; that plaintiffs' motion to file an amended complaint is granted in all respects. Plaintiffs are directed to serve and file their amended complaint within ten days of the date of this order. (Signed by Judge Henry B. Pitman on 6/17/07) (dle) Modified on 6/20/2007 (Martin, Leslie).

June 18, 2007 RECAP
93

REVISED SCHEDULING ORDER: Plaintiffs' Motion to Amended the Complaint, March 17, 2009. Defendants' Opposition to Motion to Amended the Complaint March 31, 2009. Plaintiffs' Reply to Motion to Amend the Complaint April 7, 2009. Plaintiffs' Opposition to Motions to Exclude Expert Witnesses 4/16/2009. Plaintiffs' Reply on Class Certification 3/30/2009. Defendants' Sur-Reply on Class Certification, NONE TO BE FILED UNLESS ORDERED BY THE COURT. Defendants' Reply on Motion to Exclude Expert Witnesses 5/7/09. After the Court's decision on class certification, all non-expert witness discovery within 90 days after the Court's ruling on class certification. After close of witness discovery, court conference to discuss further proceedings TBD. Counsel should not have schedule trips that conflicted with the schedule set in the 2/13/09 order. To the extent there is burden resulting from the motion to amend, that is a burden of plaintiffs' own making. (Signed by Magistrate Judge Henry B. Pitman on 3/19/2009) (rw) (Entered: 03/23/2009)

March 20, 2009 PACER
94

REPLY MEMORANDUM OF LAW in Support re: 69 MOTION to Certify Class.. Document filed by Susan Duling, Margaret Anderson. (Greene, Cara) (Entered: 03/30/2009)

March 30, 2009 PACER
95

DECLARATION of Cara E. Greene in Support re: 69 MOTION to Certify Class.. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Errata 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Greene, Cara) (Entered: 03/30/2009)

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6 Errata 5

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15 Exhibit 14

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16 Exhibit 15

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March 30, 2009 PACER
96

MEMORANDUM OF LAW in Opposition re: 91 MOTION to Amend/Correct the First Amended Complaint.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 03/31/2009)

March 31, 2009 PACER
97

CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Motion for Leave to Amend the Amended Complaint served on Plaintiffs on March 31, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 03/31/2009)

March 31, 2009 PACER
98

REPLY MEMORANDUM OF LAW in Support re: 91 MOTION to Amend/Correct the First Amended Complaint.. Document filed by Susan Duling, Margaret Anderson. (Greene, Cara) (Entered: 04/07/2009)

April 7, 2009 PACER
99

DECLARATION of Cara E. Greene in Support re: 91 MOTION to Amend/Correct the First Amended Complaint.. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 2, # 2 Exhibit 1, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Greene, Cara) (Entered: 04/07/2009)

2 Exhibit 2

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6 Exhibit 5

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April 7, 2009 PACER
100

NOTICE OF APPEARANCE by Rachel Megan Bien on behalf of Susan Duling, Margaret Anderson (Bien, Rachel) (Entered: 04/16/2009)

April 16, 2009 PACER
101

MEMORANDUM OF LAW in Opposition re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford).. Document filed by Susan Duling, Margaret Anderson. (Bien, Rachel) (Entered: 04/16/2009)

April 16, 2009 PACER
102

MEMORANDUM OF LAW in Opposition re: 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Susan Duling, Margaret Anderson. (Bien, Rachel) (Entered: 04/16/2009)

April 16, 2009 PACER
103

DECLARATION of Rachel M. Bien in Opposition re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford)., 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bien, Rachel) (Entered: 04/16/2009)

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April 16, 2009 PACER
104

REPLY MEMORANDUM OF LAW in Support re: 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)

May 7, 2009 PACER
105

DECLARATION of Michael J. Puma in Support re: 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Attachments: # 1 Exhibit J (Portions of Dr. Bielby's Deposition Cited In Reply Brief), # 2 Exhibit K (Article Regarding Statisticians' Use Of Samples))(Puma, Michael) (Entered: 05/07/2009)

2 Exhibit J (Portions of Dr. Bielby's Deposition Cited In Reply Brief)

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3 Exhibit K (Article Regarding Statisticians' Use Of Samples)

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May 7, 2009 PACER
106

CERTIFICATE OF SERVICE of Reply Brief and supporting Declaration (and Exhibits thereto) served on Plaintiffs on May 7, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)

May 7, 2009 PACER
107

REPLY MEMORANDUM OF LAW in Support re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)

May 7, 2009 PACER
108

DECLARATION of Michael J. Puma in Support re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Attachments: # 1 Exhibit L (Portions of Dr. Crawford's Deposition Cited In Reply Brief), # 2 Exhibit M (Portions of Michael McCormick's Deposition Cited In Reply Brief), # 3 Exhibit N (Article Regarding Statisticians' Use Of Samples), # 4 Exhibit O (Portion of Dr. Bielby's Deposition Cited In Reply Brief))(Puma, Michael) (Entered: 05/07/2009)

2 Exhibit L (Portions of Dr. Crawford's Deposition Cited In Reply Brief)

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3 Exhibit M (Portions of Michael McCormick's Deposition Cited In Reply Brief)

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4 Exhibit N (Article Regarding Statisticians' Use Of Samples)

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5 Exhibit O (Portion of Dr. Bielby's Deposition Cited In Reply Brief)

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May 7, 2009 PACER
109

CERTIFICATE OF SERVICE of Reply Brief and supporting Declaration (and exhibits thereto) served on Plaintiffs on May 7, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)

May 7, 2009 PACER
110

MOTION for Protective Order. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc..(Puma, Michael) (Entered: 05/08/2009)

May 8, 2009 PACER
111

MEMORANDUM OF LAW in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/08/2009)

May 8, 2009 PACER
112

DECLARATION of Michael J. Puma in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/08/2009)

May 8, 2009 PACER
113

CERTIFICATE OF SERVICE of Motion for Protective Order, supporting Memorandum of Law, supporting Declaration of Michael Puma (and Exhibits A-I thereto) served on Plaintiffs on May 8, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/08/2009)

May 8, 2009 PACER
114

MEMORANDUM OF LAW in Opposition re: 110 MOTION for Protective Order.. Document filed by Susan Duling, Margaret Anderson. (Steel, Lewis) (Entered: 05/22/2009)

May 22, 2009 PACER
115

DECLARATION of Lewis M. Steel in Opposition re: 110 MOTION for Protective Order.. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Steel, Lewis) (Entered: 05/22/2009)

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10 Exhibit 9

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May 22, 2009 PACER
116

CERTIFICATE OF SERVICE of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Protective Order and the Declaration of Lewis M. Steel in Opposition to Defendants' Motion for Protective Order served on Kevin J. Nash and Michael J. Puma on May 22, 2009. Service was made by FedEx. Document filed by Susan Duling, Margaret Anderson. (Steel, Lewis) (Entered: 05/22/2009)

May 22, 2009 PACER
117

REPLY MEMORANDUM OF LAW in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Attachments: # 1 Certificate of Service)(Puma, Michael) (Entered: 06/01/2009)

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June 1, 2009 PACER
118

DECLARATION of Michael J. Puma in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 06/01/2009)

June 1, 2009 PACER
119

OPINION AND ORDER. #98439 Accordingly, for all the foregoing reasons, plaintiffs' motion for leave to file an amended complaint (Doc. No. 91 filed 3/17/09) is granted, and as further set forth. (Signed by Magistrate Judge Henry B. Pitman on 1/8/10) (rjm) Modified on 1/11/2010 (ajc). (Entered: 01/08/2010)

Jan. 8, 2010 RECAP
120

SECOND AMENDED COMPLAINT amending 38 Amended Complaint, against Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc., John Catsimatidis.Document filed by Susan Duling, Lakeya Sewer, Margaret Anderson. Related document: 38 Amended Complaint, filed by Susan Duling, Margaret Anderson. (Attachments: # 1 affidavit of service)(ama) (Entered: 01/21/2010)

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Jan. 19, 2010 RECAP
127

OPINION AND ORDER, # 98638 that for the foregoing reasons set forth in this Order, the Court denies Defendants' motions to strike the expert reports of William T. Bielby and David L. Crawford, and grants Plaintiffs' motion to certify, pursu ant to Fed. R. Civ. P. 23(b)(2), a class consisting of "all current and former female Gristede's employees who worked for Gristede's at any time between November 2, 2004 and the date of final judgment in this matter" with respect to Plaintiffs' claims for injunctive and declaratory relief based on Defendants' alleged systemic pattern or practice intentional discrimination, and the allegedly disparate impact of Defendants' hiring, promotion and compensation poli cies. Plaintiffs' motion for class certification is denied without prejudice in all other respects. The parties are directed to proceed in accordance with Judge Pitman's Order of March 19,2009. (Docket entry no. 93.) This Opinion and Order resolves docket entry nos. 69, 77, and 82. re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). filed by Red Apple Group, Inc., Gristede's Operating Corp., Gristede's Foods NY, Inc., Gristede's Delivery Service, Inc., Gristede's Foods, Inc., Gristede's NY, LLC, Namdor, Inc., 69 MOTION to Certify Class. filed by Sus an Duling, Margaret Anderson, 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). filed by Red Apple Group, Inc., Gr istede's Operating Corp., Gristede's Foods NY, Inc., Gristede's Delivery Service, Inc., Gristede's Foods, Inc., Gristede's NY, LLC, Namdor, Inc.. (Signed by Judge Laura Taylor Swain on 3/8/10) (pl) Modified on 3/9/2010 (ajc).

March 8, 2010 RECAP
128

OPINION AND ORDER #98762 that for the reasons set forth herein defendants' motion is granted. The specific provisions of the Protective Order are outlines as further set forth herein. Defendants are directed to produce any personnel files they have not yet produced from the three largest stores going back to 1999 within fifteen days of the date of this Opinion and Order. (Signed by Magistrate Judge Henry B. Pitman on 3/30/10) Copies sent by chambers.(dle) Modified on 3/31/2010 (ajc).

March 30, 2010 RECAP

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Oct. 23, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two of Defendant's former cashiers on behalf of a class of all current and former female employees of Defendant who worked for it at any time between November 2, 2004 and November 15, 2012.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Retail grocery store chain of over 50 stores in New York, Regional

Case Details

Causes of Action:

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,450,000

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

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

Pay / Benefits

Promotion

Discrimination-basis:

Gender identity

Affected Gender:

Female