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Case: Kramer v. New Orleans Saints

2:01-cv-02451 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Aug. 13, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 13, 2001, two female employees of the New Orleans Saints Organization filed a lawsuit against the New Orleans Saints, its owner, and two of its partner corporations. Represented by private counsel, the plaintiffs alleged various violations of Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act of 1963, and the Fair Labor Standards Act (FLSA). One of the two plaintiffs also alleged violations of the Family & Medical Leave Act of 1993 (FMLA). The p…

On August 13, 2001, two female employees of the New Orleans Saints Organization filed a lawsuit against the New Orleans Saints, its owner, and two of its partner corporations. Represented by private counsel, the plaintiffs alleged various violations of Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act of 1963, and the Fair Labor Standards Act (FLSA). One of the two plaintiffs also alleged violations of the Family & Medical Leave Act of 1993 (FMLA). The plaintiffs sought declaratory relief under 28 U.S.C. Section 2201 and 28 U.S.C. Section 2202 as well as injunctive relief.

With respect to the Civil Rights Acts and the Equal Pay Act, the plaintiffs sought to restrain the defendants (1) from imposing on their female employees unequal standards of discipline and evaluation, (2) from adversely impacting the female employees via the defendants' "restructuring" of the New Orleans Saints organization, (3) from denying female employees promotional opportunities and equal pay opportunities, (4) from maintaining a hostile workplace, (5) from sexual harassing the female employees, and (6) from retaliating against plaintiffs because of the exercise of their civil rights.

With respect to the FLSA, the plaintiffs alleged that they frequently worked over forty hours a week but received either no additional compensation for those hours or insufficient compensation for those hours, in violation of the overtime provisions of Section 207. Plaintiffs further alleged that defendants failed and/or refused to keep the appropriate records regarding employee overtime, in violation of the record-keeping requirements of Section 211(c).

With respect to the FMLA, the plaintiff alleged that defendants intentionally interfered with and/or restrained or denied the exercise (or attempted exercise) of rights to which she was entitled under FMLA. The plaintiff asked the court to secure the protection of and redress the deprivation of her rights under the act, seeking restitution of all rights, privileges, benefits, and income that would have been received by her but for defendants' practices.

On May 30, 2002, the court denied plaintiffs' motion to extend deadlines for class certification. The plaintiffs had moved to extend the deadline for the filing of a class motion twice before, which the court had granted both times. The court denied this third motion, finding that the plaintiffs had "demonstrated a lack of interest in aggressively pursuing the interests of the putative class in matters of discovery and class certification" in violation of FRCP 23(a)(4), which requires that the representative parties will fairly and adequately protect the interests of the class.

On November 12, 2003, the parties successfully negotiated a confidential settlement agreement, and the District Court for the Eastern District of Louisiana (Judge Eldon E. Fallon) dismissed the case without costs and without prejudice. On January 2, 2004, the court ordered dismissal of all of the defendants with prejudice. Subsequently, the law firm that had represented the plaintiffs from the start of the action until shortly after an unsuccessful settlement conference in February 2003 filed a Motion for Leave of Court to Reopen Case and to File Intervention. The court denied this motion on February 12, 2004, holding that the law firm failed to provide a basis to accomplish re-opening the case in the face of the prior dismissal with prejudice and that the law firm failed to satisfy the timeliness requirements of filing a motion to intervene provided under FRCP 24(a).

Summary Authors

Jordan Rossen (6/26/2010)

People


Judge(s)

Fallon, Eldon E. (Louisiana)

Roby, Karen Wells (Louisiana)

Attorneys(s) for Plaintiff

Alfortish, Sean D. (Louisiana)

Ellis, Michael Hudson (Louisiana)

Pannell, Patricia (Louisiana)

Perrone, Paula (Louisiana)

Attorneys(s) for Defendant

Lanusse, Leslie A. (Louisiana)

Meerveld, Janis Van (Louisiana)

Judge(s)

Fallon, Eldon E. (Louisiana)

Roby, Karen Wells (Louisiana)

Attorneys(s) for Plaintiff

Alfortish, Sean D. (Louisiana)

Ellis, Michael Hudson (Louisiana)

Pannell, Patricia (Louisiana)

Perrone, Paula (Louisiana)

Attorneys(s) for Defendant

Lanusse, Leslie A. (Louisiana)

Meerveld, Janis Van (Louisiana)

Documents in the Clearinghouse

Document

2:01-cv-02451

Docket

Feb. 12, 2004

Feb. 12, 2004

Docket
1

2:01-cv-02451

Complaint

Aug. 13, 2001

Aug. 13, 2001

Complaint
11

2:01-cv-02451

First Amended Complaint

Nov. 26, 2001

Nov. 26, 2001

Complaint
25

2:01-cv-02451

Order Granting Motion to Compel Discovery

March 28, 2002

March 28, 2002

Order/Opinion
35

2:01-cv-02451

Order Denying Plaintiffs' Motion to Extend Deadlines for Class Certification

May 30, 2002

May 30, 2002

Order/Opinion
37

2:01-cv-02451

Second Amended Complaint

June 19, 2002

June 19, 2002

Complaint
47

2:01-cv-02451

Third Amended Complaint

Nov. 4, 2002

Nov. 4, 2002

Complaint
70

2:01-cv-02451

Order Denying Motion for Protective Order

Feb. 13, 2003

Feb. 13, 2003

Order/Opinion
96

2:01-cv-02451

Orders Disposing of Two Plaintiffs' Motions to Compel

July 30, 2003

July 30, 2003

Order/Opinion
100

2:01-cv-02451

Order Granting in Part and Denying in Part Motion to Compel Deposition Testimony

Aug. 13, 2003

Aug. 13, 2003

Order/Opinion

Docket

Last updated Nov. 21, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; 4 summons(es) issued (bb) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

Payment of filing fee by plaintiff Melanie Kramer in amount of $ 150.00 (bb) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

Automatic Referral (Utility Event) to Magistrate Judge Karen W. Roby (bb) (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

2

Request by plaintiff Melanie Kramer and summons re−issued on orig complaint as to defendant New Orleans Saints, defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co; issd 4 sms (bb) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

3

Motion by defendant Benson Football Inc and ORDER extending time to answer complaint until 9/24/01 by Judge Eldon E. Fallon Date Signed: 9/10/01 (bc) (Entered: 09/10/2001)

Sept. 6, 2001

Sept. 6, 2001

5

Motion by defendant New Orleans Saints, defendant Tom Benson and ORDER extending time to answer pla's complaint until 9/26/01 by Judge Eldon E. Fallon Date Signed: 9/14/01 (bb) (Entered: 09/17/2001)

Sept. 12, 2001

Sept. 12, 2001

4

RETURN OF SERVICE of summons and complaint upon defendant New Orleans Saints, defendant Tom Benson; no service dates given (bb) (Entered: 09/13/2001)

Sept. 13, 2001

Sept. 13, 2001

6

ANSWER by defendant Tom Benson, defendant Benson Football Inc, defendant NO Louisiana Saints to complaint by plaintiff Melanie Kramer [1−1] (dw) (Entered: 10/22/2001)

Oct. 19, 2001

Oct. 19, 2001

(Utility Event) Substituting party(s): terminating New Orleans Saints, adding NO Louisiana Saints (dw) (Entered: 10/22/2001)

Oct. 19, 2001

Oct. 19, 2001

7

Request by plaintiff Melanie Kramer and summons re−issued on orig complaint as to defendant Benz−Saints Mgt Co; issd 2 sms (bb) Modified on 12/26/2001 (Entered: 11/14/2001)

Nov. 13, 2001

Nov. 13, 2001

9

Motion by plaintiff Melanie Kramer and ORDER that the deadline for pla to file her class motion is extended until 3/12/02 by Judge Eldon E. Fallon Date Signed: 11/15/01 (dw) (Entered: 11/16/2001)

Nov. 13, 2001

Nov. 13, 2001

8

RETURN OF SERVICE of summons and complaint upon defendant Benz−Saints Mgt Co through Tom Benson on 11/13/01 (bb) Modified on 11/15/2001 (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

10

Motion by plaintiff Melanie Kramer and ORDER for leave to file amended cmp by Judge Eldon E. Fallon Date Signed: 11/20/01 (bb) (Entered: 11/26/2001)

Nov. 16, 2001

Nov. 16, 2001

11

PLAINTIFF'S 1ST AMENDED complaint [1−1]; adding Sylvia Alfortish as party plaintiff (bb) (Entered: 11/26/2001)

Nov. 26, 2001

Nov. 26, 2001

12

ANSWER by defendant Benz−Saints Mgt Co to complaint by plaintiff Melanie Kramer [1−1] (bb) (Entered: 11/30/2001)

Nov. 29, 2001

Nov. 29, 2001

13

ANSWER by defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co, defendant NO Louisiana Saints to 1st amended complaint by plaintiff Melanie Kramer, plaintiff Sylvia Alfortish [11−1] (bb) (Entered:

Dec. 4, 2001

Dec. 4, 2001

15

RETURN OF SERVICE of summons and complaint upon defendant Benz−Saints Mgt Co on 11/15/01 (bb) (Entered: 12/12/2001)

Dec. 12, 2001

Dec. 12, 2001

16

MINUTE ENTRY ( 1/24/02 ) A Rule 16 Scheduling Conference was held 1:30 1/24/02; parties will notify the Mag of their decision to consent pursuant to 28:636(c) by 2/1/02 by Magistrate Judge Karen W. Roby (bb) (Entered: 01/24/2002)

Jan. 24, 2002

Jan. 24, 2002

17

MINUTE ENTRY ( 1/25/02 ) Notice of 636(c) non consent to proceed bfr a Mag Judge by Magistrate Judge Karen W. Roby (bb) (Entered: 01/28/2002)

Jan. 28, 2002

Jan. 28, 2002

18

Notice of Deposition by defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co, defendant NO LA Saints of Sylvia Alfortish on 3/18/02 &Melanie Kramer on 3/21/02 (bb) (Entered: 02/13/2002)

Feb. 8, 2002

Feb. 8, 2002

19

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 10:15 3/7/02 by Clerk (gml) (Entered: 02/14/2002)

Feb. 13, 2002

Feb. 13, 2002

20

MINUTE ENTRY ( 3/8/02 ) Ordered that the Preliminary Conference is cont to 10:15 3/19/02 by Judge Eldon E. Fallon (bb) (Entered: 03/11/2002)

March 11, 2002

March 11, 2002

23

Motion by plaintiff Melanie Kramer and ORDER extending deadlines as follows: 5/20/02 as the date for plas to file mtns for class certification and/or collective action; 6/3/02 as the date for dft's filing of an opp; 6/17/02 as the date for plas' reply memo to be due by Judge Eldon E. Fallon Date Signed: 3/12/02 (bb) (Entered: 03/13/2002)

March 11, 2002

March 11, 2002

21

MOTION by defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co, defendant NO LA Saints to compel disc referred to Magistrate Judge Karen W. Roby to be heard before Mag Roby at 11:00 3/27/02 (bb) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

22

Notice of Deposition by defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co, defendant NO LA Saints of Melanie Kramer on 4/17/02 and Sylvia Alfortish on 4/19/02 (bb) (Entered: 03/13/2002)

March 12, 2002

March 12, 2002

24

MINUTE ENTRY ( 3/19/02 ) Ordered that the Preliminary Conference set at 10:15 3/19/02 is cont to be reset by Judge Eldon E. Fallon (bb) (Entered: 03/25/2002)

March 25, 2002

March 25, 2002

25

MINUTE ENTRY ( 3/27/02 ) granting dfts' motion to compel disc [21−1] by Magistrate Judge Karen W. Roby (bb) (Entered: 03/28/2002)

March 27, 2002

March 27, 2002

26

Re−Notice of Deposition by defendants Tom Benson of Melanie Kramer on 5/6/02 and Sylvia Alfortish on 5/8/02 (bb) (Entered: 04/19/2002)

April 18, 2002

April 18, 2002

27

Motion by plaintiffs Melanie Kramer &Sylvia Alfortish and ORDER for appearance of atty Michael Hudson Ellis as additional co−counsel of record for same. by Judge Eldon E. Fallon Date Signed: 5/21/02 (dno) (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

28

Motion by plaintiff Melanie Kramer, plaintiff Sylvia Alfortish and ORDER for expedited hrg on their mtn to extend class certification deadlines; hrg set for 5/28/02 at 9:00 w/oral argument; by Judge Eldon E. Fallon Date Signed: 5/21/02 (rg) (Entered: 05/23/2002)

May 20, 2002

May 20, 2002

30

Motion by plaintiff Melanie Kramer, plaintiff Sylvia Alfortish and ORDER that plas' mtn to extend class certification deadlines be heard w/oral argument 5/28/02 at 9:00 a.m.; by Judge Eldon E. Fallon Date Signed: 5/21/02 (rg) (Entered: 05/23/2002)

May 20, 2002

May 20, 2002

29

Exp MOTION by plaintiff Melanie Kramer, plaintiff Sylvia Alfortish to extend deadlines for class certification to be heard before Judge Fallon at 9:00 5/28/02 (rg) (Entered: 05/23/2002)

May 22, 2002

May 22, 2002

34

Opposition by dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co to motion to extend deadlines for class certification [29−1] filed by plaintiffs Melanie Kramer &Sylvia Alfortish (dno) (Entered: 05/30/2002)

May 24, 2002

May 24, 2002

31

SMOOTH MINUTES: Reported by O.J. Robert. Hrg on the plas' motion to extend deadlines for class certification [29−1] was held on 5/28/02. After argument by counsel, mtn taken under submission. Court adjourned. by Judge Eldon E. Fallon (dno) (Entered: 05/29/2002)

May 28, 2002

May 28, 2002

33

MOTION by dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co to strike class allegations to be heard before Judge at 9:00 5/28/02 (dno) (Entered: 05/30/2002)

May 29, 2002

May 29, 2002

35

ORDERED that the plas' motion to extend deadlines for class certification [29−1] is DENIED. FURTHER ORDERED that the dfts' motion to strike plas' class allegations [33−1] is GRANTED. FURTHER ORDERED that plas' counsel shall w/in 20 days file in this Court an amended cmp in which the previously asserted class allegations are stricken. by Judge Eldon E. Fallon Date Signed: 5/28/02 (dno) (Entered: 05/31/2002)

May 30, 2002

May 30, 2002

36

MINUTE ENTRY ( 6/18/02 ) On this date counsel for plas contacted the Court to inquire as to whether the 20 day amendment period set forth in this Court's order dated 5/28/02 would be calculated from the date on which the order was executed (5/28/02) or from the date of the filing of the order (5/30/02); The Court informed counsel that the 20 day period will be calculated from the date of the order's filing by Judge Eldon E. Fallon (gw) (Entered: 06/19/2002)

June 19, 2002

June 19, 2002

37

PLAINTIFFS' 2ND AMENDED complaint [1−1], [11−1]; no new ptys added, no summons issued (dno) (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

38

ANSWER by defendant NO LA Saints, defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co to 2nd amd complaint by plaintiff Melanie Kramer, plaintiff Sylvia Alfortish [37−1]; jury demand (dg) (Entered: 07/12/2002)

July 11, 2002

July 11, 2002

39

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 10:00 9/9/02 by Clerk (gml) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

40

Re−Notice of Deposition by dfts New Orleans Saints, Tom Benson, Benson Football Inc, Benz−Saints Mgt Co &NO LA Saints of Sylvia Alfortish on 9/20/02. (dno) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

41

MINUTE ENTRY ( 8/19/02 ) ORDERED that the referral to Magistrate Judge Karen W. Roby is VACATED. by Judge Eldon E. Fallon (dno) (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

42

MINUTE ENTRY ( 09/09/02 ) ; Preliminary Conference held 10:00 9/9/02 ; Status Conf is set 1:30 10/15/02 ; Pre−Trial Conference is set 8:30 6/3/03 ; jury trial is set 8:30 6/16/03 before Judge; by Clerk (gml) (Entered: 09/09/2002)

Sept. 9, 2002

Sept. 9, 2002

43

MOTION by plas Melanie Kramer &Sylvia Alfortish for leave to file 3rd amended complaint referred to Magistrate Judge Karen W. Roby for hrg at 11:00 10/30/02 (proposed original attached) (dno) Modified on 10/11/2002 (Entered: 10/11/2002)

Oct. 9, 2002

Oct. 9, 2002

44

MINUTE ENTRY ( 10/15/02 ): A settlement conference is scheduled before magistrate at 2:00 12/3/02 ; settlement letters due at least 2 days prior to the conf. by Magistrate Judge Karen W. Roby (dno) (Entered: 10/17/2002)

Oct. 16, 2002

Oct. 16, 2002

45

MINUTE ENTRY ( 10/15/02 ) A Status Conf was held this date in chambers. Following the conf, defense counsel informed the Court by phone that a settlement conf was scheduled for 12/3/02 in Mag Roby's chambers. ORDERED that pla's counsel shall produce the diary to the defense counsel w/in 10 days of the date of this conf. FURTHER ORDERED that a status conf is SCHEDULED for 1/8/03 at 8:30am. by Judge Eldon E. Fallon (dno) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

47

PLAINTIFFS' 3RD AMENDED complaint [1−1], [11−1], [37−1] ; no new ptys added, no summons issued (dno) (Entered: 11/05/2002)

Nov. 4, 2002

Nov. 4, 2002

48

Re−Notice of Deposition by dfts New Orleans Saints, Tom Benson, Benson Football Inc, Benz−Saints Mgt Co &NO LA Saints of Melanie Kramer on 12/10/02. (dno) (Entered: 11/12/2002)

Nov. 8, 2002

Nov. 8, 2002

49

MINUTE ENTRY ( 11/8/02 ) ORDERED that a Status Conf shall be held in chambers on 11/14/02 at 8:30am. by Judge Eldon E. Fallon (dno) (Entered: 11/12/2002)

Nov. 12, 2002

Nov. 12, 2002

50

MINUTE ENTRY ( 11/14/02 ) A Status Conf was held this date in chambers. ORDERED that defense counsel shall provide plas' counsel w/available dates for depos of Jim Haslett &Tom Benson by 11/15/02. Defense counsel shall provide 2 available dates in 1/03 w/2 back−ups dates for these depos in 2/03. FURTHER ORDERED that defense counsel shall inform Court in writing as to the selection of these dates. Additionally, Court notes following scheduled depos as set out in doc. by Judge Eldon E. Fallon (dno) (Entered: 11/14/2002)

Nov. 14, 2002

Nov. 14, 2002

51

ANSWER by defendant NO LA Saints, defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co to 3rd amended complaint by plaintiff Melanie Kramer, plaintiff Sylvia Alfortish [47−1]; jury demand (bc) Modified on 11/15/2002 (Entered: 11/15/2002)

Nov. 14, 2002

Nov. 14, 2002

52

Notice of Deposition by defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co, defendant NO LA Saints of Melanie Kramer on 12/11/02. (rg) (Entered: 12/04/2002)

Dec. 3, 2002

Dec. 3, 2002

53

MINUTE ENTRY ( 12/4/02 ) Settlement confs were held on 12/3/02 &continued to this date. ORDERED that another settlement conf is set bfr Mag Roby on 5/5/03 at 2:00pm. Suppl settlement position letters are due to Mag by 5/1/03. by Magistrate Judge Karen W. Roby (dno) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

54

Notice of Deposition by plas Melanie Kramer &Sylvia Alfortish of Dennis Lauscha on 12/18/02. (dno) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

55

Notice of Deposition by plas Melanie Kramer &Sylvia Alfortish of Arnold Fielkow on 12/12/02. (dno) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

56

Notice of Deposition by plas Melanie Kramer &Sylvia Alfortish of Jim Haslett on 1/23/03. (dno) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

57

Notice of Deposition by plas Melanie Kramer &Sylvia Alfortish of Tom Benson on 1/8/03. (dno) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

58

MINUTE ENTRY ( 1/6/03 ) ORDERED that the status conf scheduled for 1/8/03 be CONT until 8:30 2/4/03. by Judge Eldon E. Fallon (dno) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

59

Response by dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co to plas' unopposed mtn for continuance of depos &continuance of status conf. (dno) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

62

Unopposed motion by plas Melanie Kramer &Sylvia Alfortish for continuance of depo &continuance of status conf and UNSIGNED ORDER − See Court's M.E. dated 1/9/03 (dno) (Entered: 01/13/2003)

Jan. 7, 2003

Jan. 7, 2003

60

Notice of Deposition by plaintiff Melanie Kramer of Jim Haslett on 2/10/03 (vld) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

61

Notice of Deposition by plaintiff Melanie Kramer of Tom Benson on 2/21/03 (vld) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

63

MINUTE ENTRY ( 1/9/03 ) ORDERED that pla's unopposed mtn for continuance of status conf [62−1] is DENIED AS MOOT. As for the mtn for continuance of the depos of James Haslett &Tom Benson previously scheduled for 1/8/03, the Court GRANTS a continuance as set out in doc. by Judge Eldon E. Fallon (dno) (Entered:

Jan. 10, 2003

Jan. 10, 2003

65

Notice of Records Deposition by defendant NO LA Saints of Indiana State University c/o Ms. Carolyn Kidder on 2/7/03. (dno) (Entered: 01/21/2003)

Jan. 17, 2003

Jan. 17, 2003

66

Re−Notice of Deposition by plas Melanie Kramer &Sylvia Alfortish of Tom Benson on 2/20/03. (dno) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

67

MINUTE ENTRY ( 2/4/03 ) Status Conf held 2/4/03 ; ORDERED that counsel shall contact the Court no later than 2/10/03 to notify the Court of plas' counsel's decision regarding the enrollment of co−counsel by Judge Eldon E. Fallon (dw) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

68

Motion by dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co and ORDER expediting their mtn for protective order to prohibit videotaping depo − hrg set for 8:45am on 2/10/03. by Magistrate Judge Karen W. Roby (dno) (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

69

MOTION by dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co for protective order to prohibit videotaping depo referred to Magistrate Judge Karen W. Roby for hrg at 8:45 2/10/03 (dno) (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

70

MINUTE ENTRY ( 2/13/03 ) ORDERED that dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co's motion for protective order to prohibit videotaping depo [69−1] is DENIED. FURTHER ORDERED that the Court Recorder Supervisor is designated as custodian of the cassette tape used to record the hrg. by Magistrate Judge Karen W. Roby (dno) (Entered: 02/14/2003)

Feb. 13, 2003

Feb. 13, 2003

71

Motion by defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co, defendant NO LA Saints expediting hearing on dfts mtn for protective order and UNSIGNED ORDER (ca) (Entered: 02/19/2003)

Feb. 13, 2003

Feb. 13, 2003

72

MOTION by defendant Tom Benson, defendant Benson Football Inc, defendant Benz−Saints Mgt Co, defendant NO LA Saints for protective order to be heard before Mag Judge Roby no hearing date set (ca) (Entered: 02/19/2003)

Feb. 19, 2003

Feb. 19, 2003

73

MINUTE ENTRY ( 02/18/03 ) denying as moot dft's motion for portective order [72−1] by Magistrate Judge Karen W. Roby (ca) (Entered: 02/19/2003)

Feb. 19, 2003

Feb. 19, 2003

74

RETURN OF SERVICE of subps to Vincennes University svd 1/21/03 &Indiana State University svd 1/28/03. (dno) (Entered: 02/27/2003)

Feb. 25, 2003

Feb. 25, 2003

75

MOTION by plaintiff Melanie Kramer, plaintiff Sylvia Alfortish to continue trial and trial deadlines and unopposed mtn to continue the depo of Tom Benson and UNSIGNED ORDER; see minute entry dated 3/11/03 (dw) (Entered: 03/12/2003)

Feb. 27, 2003

Feb. 27, 2003

76

MINUTE ENTRY ( 3/11/03 ) ORDERED that plas' motion to continue trial and trial deadlines be GRANTED and that the trial be CONTINUED with new trial dates to be selected upon the plas' retention of new counsel; FURTHER ORDERED that the depositions of Tom Benson, Saints coaches, or key administrators be CONTINUED until after the 2003−2004 football season [75−1]; FURTHER ORDERED that the request of plas' counsel Paula Perrone to withdraw from representation be DENIED until new counsel is retained; FURTHER ORDERED that the plas and/or plas' counsel shall have 3 weeks from the date of this Minute Entry in which to obtain new counsel by Judge Eldon E. Fallon (dw) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

77

MINUTE ENTRY ( 3/25/03 ) ORDERED that a telephone status conf shall be held 1:30 4/8/03. by Judge Eldon E. Fallon (dno) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

78

Motion by plas Melanie Kramer &Sylvia Alfortish and ORDER withdrawing attorney Paula Perrone &Cherhardy, Sherman, Ellis, Breslin, Murray &Recile, L.L.P. and substituting attorney Sean D. Alfortish as counsel for same. by Judge Eldon E. Fallon Date Signed: 4/2/03 (dno) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

80

MINUTE ENTRY ( 5/5/03 ): a settlement conference is re−scheduled before magistrate at 10:00 1/5/04; statement of evidence w/outline of settlement negotiations due 2 days bfr conf; by Magistrate Judge Karen W. Roby (rg) (Entered: 05/06/2003)

May 5, 2003

May 5, 2003

81

Motion by dfts NO Saints, Tom Benson, Benson Football Inc, Benz−Saints Mgt Co &NO LA Saints and ORDER that dfts Tom Benson, Benson Football Inc &Benz−Saints Mgt Co are dismissed w/o prej. by Judge Eldon E. Fallon Date Signed: 7/14/03 (dno) (Entered: 07/15/2003)

July 11, 2003

July 11, 2003

88

MOTION by dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co for protective order and UNSIGNED ORDER (dno) (Entered: 07/16/2003)

July 11, 2003

July 11, 2003

82

MOTION by plas Melanie Kramer &Sylvia Alfortish to compel the depo testimony of Tom Benson &for leave to continue the depo until complete referred to Magistrate Judge Karen W. Roby for hrg at 11:00 7/30/03 (dno) (Entered: 07/15/2003)

July 14, 2003

July 14, 2003

83

Request for Oral Argument by Melanie Kramer &Sylvia Alfortish regarding their motion to compel the depo testimony of Tom Benson &for leave to continue the depo until complete [82−1] (dno) (Entered: 07/15/2003)

July 14, 2003

July 14, 2003

84

MOTION by plaintiff Sylvia Alfortish to compel NO Saints, et al to answer interrogs, request for prod of docs and for admissions referred to Magistrate Judge Karen W. Roby to be heard before Mag Judge Roby at 11:00 7/30/03 (dmg) (Entered: 07/16/2003)

July 14, 2003

July 14, 2003

85

Motion by plaintiff Sylvia Alfortish and ORDER granting her request for oral argument on her motion to compel NO Saints, et al to answer interrogs, request for prod of docs and for admissions [84−1] at 11:00 7/30/03 by Magistrate Judge Karen W. Roby Date Signed: 07/15/03 (dmg) (Entered: 07/16/2003)

July 14, 2003

July 14, 2003

86

MOTION by plaintiff Melanie Kramer to compel NO Saints, et al to answer interrogs, request for prod of docs and admissions referred to Magistrate Judge Karen W. Roby to be heard before Mag Judge Roby at 11:00 7/30/03 (dmg) (Entered: 07/16/2003)

July 14, 2003

July 14, 2003

87

Motion by plaintiff Melanie Kramer and ORDER granting her request for oral argument on her motion to compel NO Saints, et al to answer interrogs, request for prod of docs and admissions [86−1] at 11:00 7/30/03 by Magistrate Judge Karen W. Roby Date Signed: 07/15/03 (dmg) (Entered: 07/16/2003)

July 14, 2003

July 14, 2003

89

MINUTE ENTRY ( 7/15/03 ) Dfts' motion for protective order [88−1] will be held WITH ORAL ARGUMENTS on 7/30/03 at 11:00am. by Magistrate Judge Karen W. Roby (dno) Modified on 07/23/2003 (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

90

MINUTE ENTRY ( 7/15/03 ) ORDERED that the plas' request for oral argument [83−1] on their motion to compel the depo testimony of Tom Benson &for leave to continue the depo until complete [82−1] is GRANTED. Mtn will be heard by oral argument on 7/30/03 at 11:00am bfr Mag Roby. by Magistrate Judge Karen W. Roby (dno) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

91

Motion by defendant NO LA Saints and ORDER extending time until 7/25/03 to file its opp to plas' mtns to compel that are set for oral argument on 7/30/03. by Magistrate Judge Karen W. Roby Date Signed: 7/21/03 (dno) (Entered: 07/22/2003)

July 18, 2003

July 18, 2003

92

Memo in opposition by plas Melanie Kramer &Sylvia Alfortish to motion for protective order [88−1] filed by defendant NO LA Saints (dno) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

94

Memo in opposition by defendant NO LA Saints to motion to compel NO Saints, et al to answer interrogs, request for prod of docs and for admissions [84−1] filed by plaintiff Sylvia Alfortish (dno) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

95

Memo in opposition by defendant NO LA Saints to motion to compel the depo testimony of Tom Benson &for leave to continue the depo until complete [82−1] filed by plaintiffs Melanie Kramer &Sylvia Alfortish (dno) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

96

MINUTE ENTRY (7/30/03) ORDERED that dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co's mtn for protective order [88−1] is CONT to 8/8/03 at 9:00am w/oral arguments. FURTHER ORDERED that the plas' motion to compel the depo testimony of Tom Benson &for leave to continue the depo until complete [82−1] is CONT to 8/8/03 w/oral arguments. FURTHER ORDERED that the plas' mtn to compel NO Saints, et al to answer interrogs, request for prod of docs and for admissions [84−1] is GRANTED IN PART, DENIED IN PART &CONT IN PART to 8/8/03 at 9:00am w/oral arguments. FURTHER ORDERED that the plas' mtn to compel NO Saints, et al to answer interrogs, request for prod of docs and admissions [86−1] is DENIED IN PART &CONT IN PART to 8/8/03 at 9:00am w/oral arguments. by Magistrate Judge Karen W. Roby (dno) (Entered: 07/31/2003)

July 31, 2003

July 31, 2003

97

Supplemental memorandum by plaintiff Sylvia Alfortish regarding her [84−1] motion to compel NO Saints, et al to answer interrogs, request for prod of docs and for admissions (dno) (Entered: 08/07/2003)

Aug. 6, 2003

Aug. 6, 2003

98

Motion by defendant NO LA Saints expediting hrg on their mtn to continue hearing set for 08/08/03 and UNSIGNED ORDER DENIED AS MOOT − see m.e. dated 08/11/03 (dmg) Modified on 08/12/2003 (Entered: 08/12/2003)

Aug. 7, 2003

Aug. 7, 2003

99

MINUTE ENTRY (08/11/03) discovery conf was held 08/07/03; continuing pla's motion to compel the depo testimony of Tom Benson &for leave to continue the depo until complete [82−1] until 11:00 8/13/03 w/oral argument; Court Recorder Supervisor is designated as custodian of the tape used at hearing by Magistrate Judge Karen W. Roby (dmg) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

100

MINUTE ENTRY ( 8/13/03 ) ORDERED that plas' motion to compel the depo testimony of Tom Benson &for leave to continue the depo until complete [82−1] is GRANTED IN PART &DENIED IN PART AS STATED HEREIN; Sylvia Alfortish's motion to compel NO Saints, et al to answer interrogs, request for prod of docs and for admissions [84−1] is DENIED AS MOOT as to req for Production Nos. 5 &6; Melanie Kramer's motion to compel NO Saints, et al to answer interrogs, request for prod of docs and [86−1] is DENIED AS MOOT as to req for Production No. 5; dfts NO LA Saints, Tom Benson, Benson Football Inc &Benz−Saints Mgt Co's motion for protective order [88−1] is DENIED AS MOOT by Magistrate Judge Karen W. Roby (bc) (Entered: 08/14/2003)

Aug. 14, 2003

Aug. 14, 2003

101

PROTECTIVE ORDER: by Magistrate Judge Karen W. Roby Date Signed: 08/14/03 (dmg) (Entered: 08/19/2003)

Aug. 15, 2003

Aug. 15, 2003

102

MINUTE ENTRY ( 9/30/03 ) At the req of dft's counsel &the consent of pla's counsel, a settlement conf in addition to the one scheduled on 1/5/04 at 10:00 am has been set; All lead counsel are ORDERED to appear in chambers at 8:30 am on 10/20/03 ; Settlement ltrs due at least two days bfr the conf by Magistrate Judge Karen W. Roby (gw) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

103

MINUTE ENTRY ( 10/20/03 ) Settlement conference held this date; ORDERED that another settlement conf is set bfr Mag Judge at 9:00 11/5/03; position papers due by 11/3/03 by Magistrate Judge Karen W. Roby (bc) (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

Case Details

State / Territory: Louisiana

Case Type(s):

Equal Employment

Labor Rights

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 13, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two female employees of the New Orleans Saints organization who were allegedly discriminated against because of their gender, including pregnancy discrimination, sexual harassment, hostile workplace environment, and retaliation in employment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New Orleans Saints (New Orleans, Jackson), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

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

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Pay / Benefits

Promotion

Seniority

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female