Case: Davis v. Eastman Kodak

6:04-cv-06098 | U.S. District Court for the Western District of New York

Filed Date: March 10, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On November 12, 2003, an individual employee, filed a handwritten, pro se complaint in the United States District Court for the Northern District of California alleging thaf she was discriminated against by her employer, defendant Eastman Kodak Company on account of her race, African American. On March 10, 2004 the case was transferred to the United States District Court for the Western District of New York and on April 28, 2004, based on the parties' prior consent to jurisdiction by a U.S. Ma…

On November 12, 2003, an individual employee, filed a handwritten, pro se complaint in the United States District Court for the Northern District of California alleging thaf she was discriminated against by her employer, defendant Eastman Kodak Company on account of her race, African American.

On March 10, 2004 the case was transferred to the United States District Court for the Western District of New York and on April 28, 2004, based on the parties' prior consent to jurisdiction by a U.S. Magistrate, the case was assigned to U.S. Magistrate Jonathan W. Feldman.

On July 30, 2004, plaintiffs filed a First Amended Complaint asserting claims on behalf of the following named plaintiffs: Employees Committed for Justice ("ECJ"), an organization of past and current African American employees of defendant Kodak and eleven individuals.

On March 1, 2006, plaintiffs filed a Third Amended Complaint on behalf of a class of all past, current and future African American employees of Kodak. Plaintiffs claimed that Kodak "engaged in an ongoing pattern and practice of discrimination against its African American employees." Specifically, plaintiffs allege (i) discrimination in compensation, (ii) discrimination in promotions, (iii) discrimination in wage classifications and job assignments, (iv) harassment/hostile work environment, and (v) retaliation. Plaintiffs asserted three causes of action against defendant, including claims for violations of (1) Title VII of The Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (2) The Civil Rights Act of 1866, 42 U.S.C. § 1981, and (3) The New York Human Rights Law, 15 N.Y. Executive Law §§ 291 et seq. See id. at ¶¶ 174-187. Plaintiffs sought class-wide injunctive relief, compensatory damages and punitive damages.

On March 29, 2007, the court (Mag. Judge Feldman) granted summary judgment against three individual named plaintiffs who had signed releases.

On June 2, 2009 the parties reached a settlement agreement on behalf of a class of individuals composed of all African Americans employed by Kodak from January 1, 1999 through May 18, 2006. The settlement created a settlement fund of $21,376,500 with $9,655,500 to be distributed as monetary damages awarded to individual class members.

Additionally, the settlement required Kodak to engage in a continued commitment to non-discrimination and retaliation, to employ an Industrial Psychologist to enforce and evaluate policies regarding discrimination, a new monitoring process, employee and supervisor EOE and diversity training and new system of reporting incidents of discrimination.

On June 4, 2009, the court (Mag. Judge Jonathan W. Feldman) granted preliminary approval of the settlement and on September 3, 2010, Final Approval was entered.

Summary Authors

Denise Heberle (10/7/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4357932/parties/davis-v-eastman-kodak-co/


Judge(s)

Feldman, Jonathan W. (New York)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Ablo, Selim (Pennsylvania)

Aubertine, Andrew E. (Oregon)

Bartelli, Jan (New York)

Bauer, William G. (New York)

Biltekoff, Judith Ann (New York)

Carson, Shanon J. (Pennsylvania)

Chavers, Clayborne E. (District of Columbia)

Coleman, William T. III (Pennsylvania)

Judge(s)

Feldman, Jonathan W. (New York)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Ablo, Selim (Pennsylvania)

Aubertine, Andrew E. (Oregon)

Bartelli, Jan (New York)

Bauer, William G. (New York)

Biltekoff, Judith Ann (New York)

Carson, Shanon J. (Pennsylvania)

Chavers, Clayborne E. (District of Columbia)

Coleman, William T. III (Pennsylvania)

Gerstein, Bruce E. (New York)

Hamburg, Rebecca M. (Pennsylvania)

Smith, Jules L. (New York)

Whinston, Stephen A. (Pennsylvania)

Attorneys(s) for Defendant

Burkhardt, Michael S. (Pennsylvania)

Calihan, Robert B. (New York)

Harris, Judith E. (Pennsylvania)

Jones, Stephen J. (New York)

Puma, Michael J. (New York)

Schultz, Jill K. (New York)

Stone, Lori J. (New York)

Thomas, Michael D. (California)

Ulterino, Eugene D. (New York)

Documents in the Clearinghouse

Document

6:04-cv-06098

Docket

Oct. 4, 2010

Oct. 4, 2010

Docket
16

6:04-cv-06098

Certified Copy of Transfer

March 10, 2004

March 10, 2004

Order/Opinion
29

6:04-cv-06098

First Amended Complaint (Class Action)

Employees Committed for Justice v. Eastman Kodak Company

July 30, 2004

July 30, 2004

Complaint
106

6:04-cv-06098

Third Amended complaint (Class Action)

Employees Committed for Justice v. Eastman Kodak Company, Inc.

March 1, 2006

March 1, 2006

Complaint
224

6:04-cv-06098

Judgment

March 29, 2007

March 29, 2007

Order/Opinion
223

6:04-cv-06098

Decision and Order (Granting Summary Judgment Against Three Individual Plaintiffs)

Davis v. Eastman Kodak Company

2007 WL 952042

March 29, 2007

March 29, 2007

Order/Opinion
315

6:04-cv-06098

Settlement Agreement

June 2, 2009

June 2, 2009

Settlement Agreement
315

6:04-cv-06098

Order for Preliminary Approval of Settlement Agreement

June 4, 2009

June 4, 2009

Order/Opinion
351

6:04-cv-06098

Decision and Order (Approving Settlement)

Davis v. Eastman Kodak Company

Sept. 3, 2010

Sept. 3, 2010

Settlement Agreement
352

6:04-cv-06098

Order and Judgment Clarifying Final Approval Of Settlement

Davis v. Eastman Kodak Company

Oct. 1, 2010

Oct. 1, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4357932/davis-v-eastman-kodak-co/

Last updated Aug. 6, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
16

Case transferred in from District of Northern California (San Francisco); Case Number 3:03-cv-05020. Original file with documents numbered 1-15, certified copy of transfer order and docket sheet received., filed by Courtney Davis. (Attachments: # 1 NDC Document #1 (Complaint)# 2 NDC Document #2# 3 NDC Document #3# 4 NDC Document #4# 5 NDC Document #5# 6 NDC Document #6# 7 NDC Document #7# 8 Summons Issued# 9 NDC Document #8# 10 NDC Document #9# 11 NDC Document #10# 12 NDC Document #11# 13 NDC Document #12# 14 NDC Document #13# 15 NDC Document #14# 16 NDC Document #15)(BJB, ) (Entered: 03/11/2004)

2 NDC Document #1 (Complaint)

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3 NDC Document #2

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4 NDC Document #3

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5 NDC Document #4

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6 NDC Document #5

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7 NDC Document #6

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8 NDC Document #7

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9 Summons Issued

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10 NDC Document #8

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11 NDC Document #9

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12 NDC Document #10

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13 NDC Document #11

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14 NDC Document #12

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15 NDC Document #13

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16 NDC Document #14

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17 NDC Document #15

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March 10, 2004

March 10, 2004

PACER
17

Kodak's ANSWER to Complaint with Certificate of Service by Eastman Kodak Co..(Stone, Lori) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

PACER
18

ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman for all pre-trial matters. Signed by Hon. Charles J. Siragusa on 3/22/04. (KAR, ) (Entered: 03/22/2004)

March 22, 2004

March 22, 2004

PACER
19

MOTION to Appoint Counsel by Courtney Davis. (BJB, ) (Entered: 03/29/2004)

March 29, 2004

March 29, 2004

PACER
20

CORPORATE DISCLOSURE STATEMENT by Eastman Kodak Co.. (Stone, Lori) (Entered: 04/08/2004)

April 8, 2004

April 8, 2004

PACER
21

CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Jonathan W. Feldman. (BJB, ) (Entered: 04/09/2004)

April 8, 2004

April 8, 2004

PACER
22

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Motion Hearing held on 4/13/2004 re 19 MOTION to Appoint Counsel filed by Courtney Davis. Motion submitted w/out argument. No appearances. (RO) (Entered: 04/15/2004)

April 13, 2004

April 13, 2004

PACER
23

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 4/27/2004. Order issued. (RO) (Entered: 04/28/2004)

April 27, 2004

April 27, 2004

PACER
24

SCHEDULING ORDER: Discovery due by 10/29/2004. Join Parties/Amend Pleadings due by 5/21/2004. Motions due by 12/17/2004. Signed by Hon. Jonathan W. Feldman on 4/27/2004. (RO) (Entered: 04/28/2004)

April 27, 2004

April 27, 2004

PACER
25

MOTION to Amend/Correct 17 Answer to Complaint by Eastman Kodak Co.. (Attachments: # 1 Exhibit Proposed Amended Answer# 2 Affidavit Eugene Ulterino)(Ulterino, Eugene) (Entered: 05/21/2004)

2 Exhibit Proposed Amended Answer

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3 Affidavit Eugene Ulterino

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May 21, 2004

May 21, 2004

PACER
26

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Status Conference held on 5/26/2004. (RO) (Entered: 06/02/2004)

May 26, 2004

May 26, 2004

PACER
27

STIPULATION AND ORDER extending time to file an amended answer. Signed by Hon. Jonathan W. Feldman on 6/3/04. (BJB, ) (Entered: 06/15/2004)

June 3, 2004

June 3, 2004

PACER
28

STIPULATION AND ORDER Join Parties/Amend Pleadings due by 8/27/2004.. Signed by Hon. Jonathan W. Feldman on 7/13/04. (BJB, ) (Entered: 07/19/2004)

July 14, 2004

July 14, 2004

PACER
29

AMENDED COMPLAINT against Eastman Kodak Co., filed by Courtney Davis.(Bauer, William) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

PACER
30

CERTIFICATE OF SERVICE by Courtney Davis re 29 Amended Complaint (Bauer, William) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

PACER
31

MOTION to Disqualify Counsel Woods Oviatt Gilman LLP by Eastman Kodak Co.. (Attachments: # 1 Memorandum in Support # 2 Affidavit Declaration of Joseph Leverone in support of motion to disqualify# 3 Exhibit A-B to Leverone Declaration# 4 Affidavit Declaration of Dale Skivington# 5 Exhibit A-D to Skivington Declaration# 6 Affidavit Declaration of Eugene D. Ulterino# 7 Exhibit A-D to Ulterino Declaration# 8 Affidavit Declaration of Lisa M. Wainwright)(Ulterino, Eugene) (Entered: 08/30/2004)

2 Memorandum in Support

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3 Affidavit Declaration of Joseph Leverone in support of motion to disqualify

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4 Exhibit A-B to Leverone Declaration

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5 Affidavit Declaration of Dale Skivington

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6 Exhibit A-D to Skivington Declaration

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7 Affidavit Declaration of Eugene D. Ulterino

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8 Exhibit A-D to Ulterino Declaration

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9 Affidavit Declaration of Lisa M. Wainwright

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Aug. 30, 2004

Aug. 30, 2004

PACER
32

CERTIFICATE OF SERVICE by Eastman Kodak Co. re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP (Ulterino, Eugene) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

PACER
33

MOTION to Dismiss by Eastman Kodak Co.. (Attachments: # 1 Memorandum in Support In Support of Motion to Dismiss# 2 Appendix Table of Authorities# 3 Affidavit Eugene D. Ulterino# 4 Exhibit Exhibits to Affidavit of E. Ulterino# 5 Affidavit R. Metras# 6 Exhibit Exhibits to Metras Affidavit)(Ulterino, Eugene) (Entered: 09/03/2004)

2 Memorandum in Support In Support of Motion to Dismiss

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3 Appendix Table of Authorities

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4 Affidavit Eugene D. Ulterino

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5 Exhibit Exhibits to Affidavit of E. Ulterino

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6 Affidavit R. Metras

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7 Exhibit Exhibits to Metras Affidavit

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Sept. 3, 2004

Sept. 3, 2004

PACER
34

MOTION SCHEDULING ORDER re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Eastman Kodak Co., 33 MOTION to Dismiss filed by Eastman Kodak Co. ORDERED, that the motion to dismiss [#33] will be held in abeyance until the motion to disqualify counsel [#31] is decided at which time the Court will issue a separate motion scheduling order.Signed by Hon. Charles J. Siragusa on 9/16/04. (KAR, ) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER
35

NOTICE by Eastman Kodak Co. of Removal of Counsel (Ulterino, Eugene) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

PACER
36

AMENDED DOCUMENT by Eastman Kodak Co.. Amendment to 35 Notice (Other) Refiled with attorney signature. (Ulterino, Eugene) (Entered: 09/28/2004)

Sept. 28, 2004

Sept. 28, 2004

PACER
37

MEMORANDUM in Opposition re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP as local counsel filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
38

DECLARATION signed by Robert D. Hooks re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibits A through F filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
39

DECLARATION signed by W. Stephen Tierney re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibits A through C filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
40

DECLARATION signed by Andrew J. Ryan re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibit A filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
41

DECLARATION signed by William P. Smith, Jr. re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibit A filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
42

DECLARATION signed by William G. Bauer re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
43

DECLARATION signed by Donald W. O'Brien, Jr. re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams with Exhibit A filed by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (O'Brien, Donald) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
44

CERTIFICATE OF SERVICE by Gladys Alston, Courtney Davis, Employees Committed for Justice, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams re 37 Memorandum in Opposition to Motion,, 43 Declaration,,, 38 Declaration,,, 39 Declaration,,, 40 Declaration,,, 41 Declaration,,, 42 Declaration,, (O'Brien, Donald) (Entered: 10/01/2004)

Oct. 1, 2004

Oct. 1, 2004

PACER
45

RESPONSE in Support re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Eastman Kodak Co.. (Attachments: # 1 Affidavit Reply Declaration of E. Ulterino# 2 Affidavit Reply Declaration of B. O'Connor# 3 Affidavit Reply Declaration of D. Skivington# 4 Affidavit Reply Declaration of J. Leverone)(Ulterino, Eugene) (Entered: 10/12/2004)

2 Affidavit Reply Declaration of E. Ulterino

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3 Affidavit Reply Declaration of B. O'Connor

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4 Affidavit Reply Declaration of D. Skivington

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5 Affidavit Reply Declaration of J. Leverone

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Oct. 12, 2004

Oct. 12, 2004

PACER
46

CERTIFICATE OF SERVICE by Eastman Kodak Co. re 45 Response in Support of Motion, (Ulterino, Eugene) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

PACER
47

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Motion Hearing held on 10/22/2004 re 31 MOTION to Disqualify Counsel Woods Oviatt Gilman LLP filed by Eastman Kodak Co., Motion argued. Court reserves decision. (digital recording.) (LMD, ) (Entered: 10/26/2004)

Oct. 22, 2004

Oct. 22, 2004

PACER
48

ORDER Scheduling Conference set for 2/3/2005 at 09:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 12/22/2004. (RO) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
49

ORDER granting 31 Motion to Disqualify Counsel. . Signed by Judge Jonathan W. Feldman on 12/27/04. (BJB, ) (Entered: 12/27/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
50

MOTION SCHEDULING ORDER re 33 MOTION to Dismiss filed by Eastman Kodak Co. Responses due by 2/25/2005. Replies due by 3/25/2005. Oral Argument set for 4/14/2005 03:00 PM before Hon. Charles J. Siragusa. Signed by Hon. Charles J. Siragusa on 1/25/05. (KAR, ) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

PACER
51

ORDER re 34 Order,, 50 Order,, Set Deadlines/Hearings. Ordered that the Court's Amended Motion Scheduling order (#50) entered on January 27, 2005, and its Motion Scheduling Order (#34) entered on September 16, 2004, are rescinded. Signed by Hon. Charles J. Siragusa on 2/1/05. (KAR, ) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
52

ORDER finding as moot 19 Motion to Appoint Counsel. Signed by Judge Jonathan W. Feldman on 2/3/2005. (RO) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
53

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 2/3/2005. (RO) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
54

MOTION to Vacate the Magistrate Referral by Eastman Kodak Co.. (Attachments: # 1 Affidavit of E. Ulterino in Support of Motion to Vacate Magistrate Referral# 2 Exhibit A-G to E. Ulterino Affidavit in Support of Motion to Vacate Magistrate Referral# 3 Memorandum in Support of Motion to Vacate Magistrate Referral# 4 Certificate of Service of Motion to Vacate Magistrate Referral)(Ulterino, Eugene) (Entered: 02/09/2005)

2 Affidavit of E. Ulterino in Support of Motion to Vacate Magistrate Referral

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3 Exhibit A-G to E. Ulterino Affidavit in Support of Motion to Vacate Magistrate R

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4 Memorandum in Support of Motion to Vacate Magistrate Referral

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5 Certificate of Service of Motion to Vacate Magistrate Referral

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Feb. 9, 2005

Feb. 9, 2005

PACER
55

TRANSCRIPT of Proceedings held on 2/3/05 before Judge Jonathan W. Feldman. Court Reporter: Executype Office Services. 51 pages. (BJB, ) (Entered: 02/15/2005)

Feb. 15, 2005

Feb. 15, 2005

PACER
56

Minute Entry for proceedings held before Judge Charles J. Siragusa : Appearances: William T. Coleman appears for the plaintiff. Eugene Ulterino appears for the defendant.Matter on for oral argument on defendant motion to vacate magistrate referral (54). Court will issue a written decision in 30 days.(Court Reporter Karen Winter.) (MSH, ) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

PACER
68

MEMORANDUM IN OPPOSITION re 33 MOTION to Dismiss by Courtney Davis, Employees Committed for Justice, Gladys Alston, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (Attachments: # 1 Declaration of William T. Coleman)(BJB, )received from Intake this date (Entered: 04/07/2005)

2 Declaration of William T. Coleman

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Feb. 17, 2005

Feb. 17, 2005

PACER
57

NOTICE of Appearance by Judith Ann Biltekoff on behalf of Employees Committed for Justice (Biltekoff, Judith) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
58

MEMORANDUM in Opposition re 33 MOTION to Dismiss Portions of Plaintiff's Amended Complaint filed by Employees Committed for Justice. (Biltekoff, Judith) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
59

DECLARATION re 58 Memorandum in Opposition to Motion filed by Employees Committed for Justice, Employees Committed for Justice filed by Employees Committed for Justice, Employees Committed for Justice. (Attachments: # 1 # 2 # 3)(Biltekoff, Judith) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
60

CERTIFICATE OF SERVICE by Employees Committed for Justice re 58 Memorandum in Opposition to Motion (Biltekoff, Judith) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
61

MEMORANDUM IN OPPOSITION re 58 Memorandum in Opposition to Motion TABLE OF AUTHORITIES by Employees Committed for Justice. (Biltekoff, Judith) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
62

AMENDED DOCUMENT by Employees Committed for Justice. Amendment to 59 Declaration, Amended to add signature of local counsel. (Biltekoff, Judith) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
63

CONTINUATION OF EXHIBITS by Courtney Davis, Employees Committed for Justice, Gladys Alston, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. to 62 Amended Document filed by Courtney Davis, Employees Committed for Justice, Gladys Alston, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (Attachments: # 1 Continuation of Exhibits (Part 2)# 2 Continuation of Exhibits (Part 3))(BJB, ) (Entered: 03/01/2005)

2 Continuation of Exhibits (Part 2)

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3 Continuation of Exhibits (Part 3)

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Feb. 28, 2005

Feb. 28, 2005

PACER
64

DECISION AND ORDER denying 54 Motion to Vacate. Signed by Judge Charles J. Siragusa on 3/4/05. (KAR, ) (Entered: 03/04/2005)

March 4, 2005

March 4, 2005

PACER
65

REPLY/RESPONSE to re 58 Memorandum in Opposition to Motion, 59 Declaration,, 33 MOTION to Dismiss Portions of Plaintiffs' Amended Complaint filed by Eastman Kodak Co.. (Ulterino, Eugene) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

PACER
66

ORDER of clarification. Signed by Hon. Jonathan W. Feldman on 04cv6098. (BJB, ) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

PACER
67

STIPULATION AND ORDER of Confidentiality. Signed by Hon. Jonathan W. Feldman on 4/4/05. (BJB, ) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

PACER
69

MOTION for Limited Admission Pro Hac Vice by Eastman Kodak Co..(Ulterino, Eugene) (Entered: 04/26/2005)

April 26, 2005

April 26, 2005

PACER
70

EXHIBIT A (DECLARATION signed by Judith Harris) to 69 MOTION for Limited Admission Pro Hac Vice filed by Eastman Kodak Co.. (Ulterino, Eugene) (Entered: 04/26/2005)

April 26, 2005

April 26, 2005

PACER
71

ORDER granting 69 Motion for Limited Admission Pro Hac Vice of Judith E. Harris, Esq. and directing the filing fee of $75 to be paid to Clerk, U.S. District Court. Signed by Judge Jonathan W. Feldman on 4/27/2005. (LMD, ) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

PACER
72

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Motion Hearing held on 4/28/2005 re 33 MOTION to Dismiss filed by Eastman Kodak Co., Court reserves decision. (Court Reporter Karen Winter.) (LMD, ) (Entered: 04/29/2005)

April 28, 2005

April 28, 2005

PACER
73

MEMORANDUM/BRIEF post argument memorandum/brief in further oppositoon to defendant's motion to dismiss by Employees Committed for Justice. (Biltekoff, Judith) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

PACER
74

CERTIFICATE OF SERVICE by Employees Committed for Justice re 73 Memorandum/Brief (Biltekoff, Judith) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

PACER
75

REPLY/RESPONSE to re 73 Memorandum/Brief Post-Argument Reply filed by Eastman Kodak Co.. (Attachments: # 1 Affidavit of Eugene Ulterino in further support of motion to dismiss# 2 Exhibit A to Eugene Ulterino Affidavit# 3 Exhibit B to Eugene Ulterino Affidavit)(Ulterino, Eugene) (Entered: 05/20/2005)

2 Affidavit of Eugene Ulterino in further support of motion to dismiss

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3 Exhibit A to Eugene Ulterino Affidavit

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4 Exhibit B to Eugene Ulterino Affidavit

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May 20, 2005

May 20, 2005

PACER
76

ORDER denying 33 Motion to Dismiss and setting supplemental pleading deadline to 10/10/2005. Signed by Judge Jonathan W. Feldman on 9/29/05. (BJB, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

PACER
77

AMENDED COMPLAINT Second against Eastman Kodak Co., filed by Employees Committed for Justice.(Biltekoff, Judith) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
78

CERTIFICATE OF SERVICE by Employees Committed for Justice re 77 Amended Complaint Second (Biltekoff, Judith) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
79

(DUPLICATE)CERTIFICATE OF SERVICES RE: 80 ANSWER to Amended Complaint by Eastman Kodak Co.. (Attachments: # 1 Certificate of Service (Jill K. Schultz))(Schultz, Jill) Modified on 10/17/2005 (BJB, ). (Entered: 10/14/2005)

2 Certificate of Service (Jill K. Schultz)

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Oct. 14, 2005

Oct. 14, 2005

PACER
80

ANSWER to Amended Complaint by Eastman Kodak Co..(Schultz, Jill) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

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81

REQUEST for Admission of Coleman to appear Pro Hac Vice by Employees Committed for Justice.(Biltekoff, Judith) Modified on 11/10/2005 (TO, ). (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
82

CERTIFICATE OF SERVICE by Employees Committed for Justice re 81 Request for Admissions of William T. Coleman, III Pro Hac Vice (Biltekoff, Judith) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
83

REQUEST for Admission of Carson to appear Pro Hac Vice by Employees Committed for Justice.(Biltekoff, Judith) Modified on 11/10/2005 (TO, ). (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
84

CERTIFICATE OF SERVICE by Employees Committed for Justice re 83 Request for Admissions of Shanon J. Carson Pro Hac Vice (Biltekoff, Judith) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
85

REQUEST for Admission of Ablo to appear Pro Hac Vice by Employees Committed for Justice.(Biltekoff, Judith) Modified on 11/10/2005 (TO, ). (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
86

CERTIFICATE OF SERVICE by Employees Committed for Justice re 85 Request for Admissions of Selim Ablo Pro Hac Vice (Biltekoff, Judith) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
87

REQUEST for Admission of Whinston to appear Pro Hac Vice by Employees Committed for Justice.(Biltekoff, Judith) Modified on 11/10/2005 (TO, ). (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
88

CERTIFICATE OF SERVICE by Employees Committed for Justice re 87 Request for Admissions of Stephen A. Whinston Pro Hac Vice (Biltekoff, Judith) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

PACER
89

ORDER granting [81, 83, 85, 87] Motion (Request) for Leave to Appear for William T. Coleman, Shanon J. Carson, Selim Ablo and Stephen A. Whinston. Signed by Judge Jonathan W. Feldman on 11/21/2005. (RO) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
90

REQUEST for Admissions by Employees Committed for Justice. (Attachments: # 1 Affidavit of chavers Pro Hac Vice# 2 Affidavit of Judith A. Biltekoff for Pro Hac Vice of Chavers# 3 Proposed Order Pro Hac Vice of Chavers# 4 Certificate of Service)(Biltekoff, Judith) (Entered: 11/30/2005)

2 Affidavit of chavers Pro Hac Vice

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3 Affidavit of Judith A. Biltekoff for Pro Hac Vice of Chavers

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4 Proposed Order Pro Hac Vice of Chavers

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5 Certificate of Service

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Nov. 30, 2005

Nov. 30, 2005

PACER
91

MOTION for Leave to Appear Pro Hac Vice Clayborne Chavers, Esq. by Employees Committed for Justice. (Attachments: # 1 Affidavit Chavers for Pro HAc Vice# 2 Declaration of Judith A. Biltekoff for Chavers Pro Hac Vice# 3 Proposed Order for Chavers Pro HAc Vice# 4 Certificate of Service)(Biltekoff, Judith) (Entered: 12/01/2005)

2 Affidavit Chavers for Pro HAc Vice

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3 Declaration of Judith A. Biltekoff for Chavers Pro Hac Vice

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4 Proposed Order for Chavers Pro HAc Vice

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5 Certificate of Service

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Dec. 1, 2005

Dec. 1, 2005

PACER
92

ORDER granting 91 Motion for Leave to Appear for Clayborne Chavers. Signed by Judge Jonathan W. Feldman on 12/5/2005. (RO) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
93

ORDER Proposed Order setting forth discovery deadlines and procedures due by 12/19/2005. Replies due by 2/17/2006. Responses due by 2/17/2006. Oral Argument set for 2/24/2006 at 10:00 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 12/5/2005. (RO) (Entered: 12/06/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
94

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 12/5/2005. Scheduling order to be submitted. (digital recording.) (LMD, ) (Entered: 12/13/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
95

TRANSCRIPT of Proceedings (Rule 16 Conference) held on December 5, 2005 before Judge Jonathan W. Feldman. Court Reporter: Executype Office Services. 94 Pages + 12 Index Pages. (SMO, ) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

PACER
96

DISCOVERY PLAN by Eastman Kodak Co..(Calihan, Robert) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
98

DISCOVERY PLAN ORDER . Signed by Hon. Jonathan W. Feldman on 12/20/05. (BJB, ) (Entered: 12/23/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
97

CERTIFICATE OF SERVICE by Eastman Kodak Co. re 96 Discovery Plan (Calihan, Robert) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

PACER
99

TRANSCRIPT of Proceedings (Motion hearing) held on April 28, 2005 before Judge Jonathan W. Feldman. Court Reporter: Karen J. Winter. 69 Pages + 6 Index Pages. (SMO, ) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
100

DISCOVERY ORDER . Signed by Hon. Jonathan W. Feldman on 1/13/06. (BJB, ) (Entered: 01/18/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
101

STIPULATION Letter regarding agreement to postpone motion practice and request for telephonic status conference by Eastman Kodak Co.. (Calihan, Robert) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
102

DISREGARD THIS ENTRY AS IT WAS DOCKETED INTO WRONG CASE. Minute Entry for proceedings held before Judge Jonathan W. Feldman : Settlement Conference held on 1/24/2006. Settlement reached and placed on record. (Digital Recording.) Modified on 1/25/2006 (RO). (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
103

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Telephone Conference held on 2/3/2006. (RO) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
104

NOTICE of Appearance by Jules L. Smith on behalf of all plaintiffs (Attachments: # 1 Certificate of Service)(Smith, Jules) (Entered: 02/07/2006)

2 Certificate of Service

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Feb. 7, 2006

Feb. 7, 2006

PACER
105

STIPULATION AND ORDER CONCERNING THE PRESERVATION OF RECORDS. Signed by Hon. Jonathan W. Feldman on 2/21/06. (BJB, ) (Entered: 02/24/2006)

Feb. 21, 2006

Feb. 21, 2006

PACER
106

AMENDED COMPLAINT, Third against Eastman Kodak Co., filed by Employees Committed for Justice. (Attachments: # 1 Certificate of Service)(Biltekoff, Judith) (Entered: 03/01/2006)

2 Certificate of Service

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March 1, 2006

March 1, 2006

PACER
107

MOTION for Leave to Appear Pro Hac Vice Rebecca Hamburg, Esq. by Employees Committed for Justice. (Attachments: # 1 Certificate of Service)(Biltekoff, Judith) (Entered: 03/10/2006)

2 Certificate of Service

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March 10, 2006

March 10, 2006

PACER
108

Defendant's ANSWER to Amended Complaint by Eastman Kodak Co.. (Attachments: # 1 Certificate of Service)(Calihan, Robert) (Entered: 03/15/2006)

2 Certificate of Service

View on PACER

March 15, 2006

March 15, 2006

PACER
109

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Telephone Status Conference held on 3/16/2006. (RO) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

PACER
110

AFFIDAVIT of Service for Subpoenas served on Rochester NAACP c/o Joseph Brown; Mr. Joseph Brown; Lena M. Kieliszak and Cynthia M. Kyle, filed by Courtney Davis, Employees Committed for Justice, Gladys Alston, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams. (Smith, Jules) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

PACER
111

CERTIFICATE OF SERVICE by Courtney Davis, Employees Committed for Justice, Gladys Alston, Cynthia Gayden, Robert Gibson, Jannie Nesmith, Noralean Pringle, Carrie Rice, Maria Scott, Olin Singletary, Edna Williams re 110 Affidavit of Service, of Subpoenas served upon Rochester NAACP c/o Mr. Joseph Brown, Mr. Joseph Brown, Lena M. Kieliszak and Cynthia M. Kyle (Smith, Jules) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

PACER
112

ORDER granting 107 Motion for Leave to Appear Pro Hac Vice as to Rebecca Hamburg. Signed by Judge Jonathan W. Feldman on 3/23/06. (BJB, ) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

PACER
113

STIPULATION AND ORDER regarding non-party discovery. Signed by Hon. Jonathan W. Feldman on 3/29/06. (BJB, ) (Entered: 03/30/2006)

March 29, 2006

March 29, 2006

PACER
114

MOTION for Protective Order by Eastman Kodak Co.. (Attachments: # 1 Memorandum in Support # 2 Affidavit of Robert Calihan# 3 Exhibit A to D to Calihan Aff# 4 Exhibit E to I to Calihan Aff# 5 Exhibit J to L to Calihan Aff# 6 Affidavit of Greg Duncan# 7 Exhibit A to Duncan Aff# 8 Affidavit of Catherine Volk# 9 Exhibit A to Volk Aff# 10 Affidavit of Mary Frances Winters# 11 Errata A & B to Winters Aff)(Calihan, Robert) (Entered: 04/03/2006)

2 Memorandum in Support

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3 Affidavit of Robert Calihan

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4 Exhibit A to D to Calihan Aff

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5 Exhibit E to I to Calihan Aff

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6 Exhibit J to L to Calihan Aff

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7 Affidavit of Greg Duncan

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8 Exhibit A to Duncan Aff

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9 Affidavit of Catherine Volk

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10 Exhibit A to Volk Aff

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11 Affidavit of Mary Frances Winters

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12 Errata A & B to Winters Aff

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April 3, 2006

April 3, 2006

PACER
115

CONTINUATION OF EXHIBITS by Eastman Kodak Co.. to 114 MOTION for Protective Order Exhibit A to G. Duncan affidavit filed by Eastman Kodak Co.. (Calihan, Robert) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: March 10, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals representing a class of all African-American employees of Eastman Kodak from January 1, 1999 through May 18, 2006

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Eastman Kodak Company (Rochester, Monroe), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1981

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

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

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $21,376,500

Content of Injunction:

Recordkeeping

Provide antidiscrimination training

Post/Distribute Notice of Rights / EE Law

Monitoring

Implement complaint/dispute resolution process

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Retaliation Prohibition

Issues

General:

Pattern or Practice

Discrimination-area:

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black