Case: EEOC v. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 109 and CITY OF NEWARK

2:98-cv-00339 | U.S. District Court for the Southern District of Ohio

Filed Date: March 31, 1998

Closed Date: March 22, 2001

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Case Summary

In March 1998, the Cleveland District Office filed this lawsuit against the International Association of Firefighters, Local 109 alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. Following discovery and the impleader of the City of Newark, Ohio, the EEOC's motion for summary judgment was denied and the defendant's motion for summary judgment was granted. Judgment for the defendant was entered in August 2000. The EEOC appealed the decision to the Court of Appeals for the Sixth Circuit in October 2000. The appeal was dismissed in March 2001.

Summary Authors

David Friedman (3/10/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13838431/parties/eeoc-v-iaff/

Judge(s)

Graham, James L. (Ohio)

Attorney for Plaintiff

Besser, Howard R (Ohio)

Sargent, John DeVore (Ohio)

Attorney for Defendant

Arnett, Henry Allen (Ohio)

Goddard, Richard P (Ohio)

Judge(s)

Graham, James L. (Ohio)

Attorney for Plaintiff

Besser, Howard R (Ohio)

Sargent, John DeVore (Ohio)

Attorney for Defendant

Arnett, Henry Allen (Ohio)

Goddard, Richard P (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:98-cv-00339	Docket (PACER) EEOC v. IAFF, et al	June 21, 2007	June 21, 2007 Docket
49 2:98-cv-00339	Opinion and Order EEOC v. International Association of Firefighters Local 109	Aug. 18, 2000	Aug. 18, 2000 Order/Opinion 2000 WL 33739179
60 2:98-cv-00339	Order EEOC v. International Association of Firefighters Local 109	Oct. 4, 2001	Oct. 4, 2001 Order/Opinion 2001 WL 1854317

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	March 2022	April 1, 2022 https://cris.tau.ac.il/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13838431/eeoc-v-iaff/

Last updated Nov. 3, 2026, 9:48 p.m.

Docket for: EEOC v. IAFF

ECF Number	Date	Description	Link
1	March 31, 1998	COMPLAINT (referred to Mag. Judge Terence P. Kemp ) () (bw) (Entered: 04/01/1998)	RECAP
2	April 20, 1998	MOTION by defendant to extend time until 6-8-98 to answer () (bw) (Entered: 04/22/1998)	RECAP
3	April 24, 1998	ORDER by Mag. Judge Terence P. Kemp granting defts motion to extend time until 6-8-98 to answer [2-1] (cc: all counsel) ( no pgs: 1) (bw) (Entered: 04/27/1998)	RECAP
4	May 19, 1998	NOTICE setting this action for Preliminary PTC 2:30 6/30/98 (cc: all counsel) (bw) (Entered: 05/20/1998)	RECAP
5	June 8, 1998	THIRD-PARTY COMPLAINT: by defendant IAFF against City of Newark, Ohio (bw) (Entered: 06/09/1998)	RECAP
6	June 8, 1998	ANSWER by defendant IAFF (bw) (Entered: 06/09/1998)	RECAP
7	June 30, 1998	ANSWER by third-party defendant City of Newark (bw) (Entered: 06/30/1998)	RECAP
8	July 6, 1998	MEMORANDUM OF FIRST PRETRIAL CONFERENCE ORDER by Mag. Judge Terence P. Kemp ; Preliminary pretrial conf was held on 6/30/98 ; discovery cutoff ddl set for 2/28/98 ;mtn filing ddl set for 3/31/98 ( no pgs: 4) (cc: all counsel) (bw) (Entered: 07/06/1998)	RECAP
9	Aug. 5, 1998	MOTION by plaintiff for order extending the deadline for file an amended complaint until 11-2-98 () (bw) (Entered: 08/05/1998)	RECAP
10	Aug. 10, 1998	NOTICE Settlement conference set at 9:00 on 9/22/98 (cc: all counsel) (bw) (Entered: 08/12/1998)	RECAP
11	Aug. 11, 1998	ORDER re: settlement conference by Mag. Judge Terence P. Kemp (cc: all counsel) () (bw) (Entered: 08/12/1998)	RECAP
12	Aug. 12, 1998	ORDER by Mag. Judge Terence P. Kemp ext time for filing an amended complaint to 11-2-98. (cc: all counsel) () (bw) (Entered: 08/13/1998)	RECAP
13	Aug. 21, 1998	MOTION by third-party defendant Newark City of to dismiss 3rd pty complaint (bw) (Entered: 08/25/1998)	RECAP
14	Sept. 11, 1998	AGREED ORDER by Mag. Judge Terence P. Kemp: ext time until 9-21-98 for 3rd pty pltf to respnd to the 3rd pty complaint. (cc: all counsel) () (bw) (Entered: 09/14/1998)	RECAP
15	Sept. 21, 1998	NOTICE Settlement conference rescheduled to 10:00 10/14/98 (cc: all counsel) (bw) (Entered: 09/21/1998)	RECAP
	Sept. 25, 1998	ATTORNEY SUBSTITUTION: terminating attorney Howard R Besser for EEOC and substituting attorney John DeVore Sargent (per call from Mr Besser not a document) (bw) (Entered: 09/25/1998)	PACER
	Sept. 25, 1998	ATTORNEY SUBSTITUTION: terminating attorney Howard R Besser for EEOC and substituting attorney John DeVore Sargent (per call from Mr Besser not a document) (bw)
16	Oct. 8, 1998	STIPULATION of the dismissal of the third-party complaint [5-1] (bw) (Entered: 10/13/1998)	RECAP
17	Oct. 30, 1998	MOTION by plaintiff to file first amended complaint instanter () (bw) (Entered: 11/02/1998)	RECAP
18	Dec. 7, 1998	ORDER by Mag. Judge Terence P. Kemp granting motion to file first amended complaint instanter [17-1] (cc: all counsel) () (bw) (Entered: 12/07/1998)	RECAP
19	Dec. 7, 1998	AMENDED COMPLAINT by plaintiff EEOC; jury demand adding City of Newark Ohio (bw) (Entered: 12/07/1998)	RECAP
20	Dec. 15, 1998	ANSWER by defendant IAFF () (bw) (Entered: 12/15/1998)	RECAP
21	Dec. 21, 1998	MOTION by plaintiff EEOC to strike certain of deft defenses () (bw) (Entered: 12/21/1998)	RECAP
22	Dec. 23, 1998	ORDER by Judge James L. Graham dismissing the 3rd party complaint and parties to pay own costs (cc: all counsel) ( no pgs: 1) (bw) (Entered: 12/23/1998)	RECAP
23	Dec. 23, 1998	NOTICE by plaintiff of taking depositions of Mark Brown, Phil Burgess, Thomas Wheeler, John Clouse, Thomas O'Brien, James Hurst, William Spurgeon, Gerald Baumgartner and Gregory Keefe (bw) (Entered: 12/24/1998)	RECAP
24	Dec. 28, 1998	ANSWER by Newark City of (no pgs: 4) (wh) (Entered: 12/30/1998)	RECAP
25	Jan. 11, 1999	AGREED ORDER by Mag. Judge Terence P. Kemp ext time until 1-25-99 for deft to respond to the motion to strike (cc: all counsel) () (bw) (Entered: 01/12/1999)	RECAP
26	Jan. 25, 1999	RESPONSE by defendant to motion to strike certain of deft defenses [21-1] () (bw) (Entered: 01/26/1999)	RECAP
27	Feb. 8, 1999	JOINT MOTION by plaintiff & defendant to extend discovry and motion cut off dates () (bw) (Entered: 02/09/1999)	RECAP
28	Feb. 10, 1999	Stipulation and ORDER by Mag. Judge Terence P. Kemp: ext time for pltf to reply by 2-12-99. (cc: all counsel) () (bw) (Entered: 02/11/1999)	RECAP
29	Feb. 11, 1999	ORDER by Mag. Judge Terence P. Kemp granting motion to extend discovry and motion cut off dates [27-1] ; Discovery ddl extended to 4/10/99 ; Mtn filing ddl extended to 5/31/99 (cc: all counsel) () (seal) (Entered: 02/11/1999)	RECAP
30	Feb. 16, 1999	REPLY by plaintiff to response to motion to strike certain of deft defenses [21-1] () (bw) (Entered: 02/17/1999)	RECAP
31	March 1, 1999	ORDER by Judge James L. Graham denying pltfs motion to strike certain of deft defenses [21-1] (cc: all counsel) ( no pgs: 1) (bw) (Entered: 03/01/1999)	RECAP
32	March 15, 1999	NOTICE by plaintiff of taking deposition of William Spurgeon and Gregory Keefe on 3-18-99,3-30-99 and 4-6-99 () (bw) (Entered: 03/16/1999)	RECAP
33	March 17, 1999	NOTICE OF TRIAL: Final Pretrial Conference set for 9:30 on 8/27/99 ; Trial set for 9:00 on 9/27/99 (cc: all counsel) () (bw) (Entered: 03/17/1999)	RECAP
34	March 24, 1999	NOTICE by plaintiff of taking deposition of Gregry Keefe on 4-6 & 4-7-99 () (bw) (Entered: 03/25/1999)	RECAP
35	April 26, 1999	NOTICE by plaintiff of taking deposition of Scott Sanders on 4-27-99 () (bw) (Entered: 04/27/1999)	RECAP
36	May 19, 1999	AGREED PROTECTIVE ORDER by Judge James L. Graham : (cc: all counsel) () (bw) (Entered: 05/19/1999)	RECAP
	May 27, 1999	ATTORNEY APPEARANCE for plaintiff EEOC by Howard R Besser (not a document per telephone call 5/26/99) (bw) (Entered: 05/27/1999)	PACER
	May 27, 1999	ATTORNEY APPEARANCE for plaintiff EEOC by Howard R Besser (not a document per telephone call 5/26/99) (bw)
37	June 1, 1999	MOTION by plaintiff EEOC for summary judgment with Memo in Support and Declarations () (sln) (Entered: 06/01/1999)	RECAP
38	June 1, 1999	MOTION by defendant IAFF for summary judgment () (bw) (Entered: 06/02/1999)	RECAP
39	June 21, 1999	RESPONSE by defendant to motion for summary judgment [37-1] () (bw) (Entered: 06/21/1999)	RECAP
40	June 28, 1999	RESPONSE by plaintiff EEOC to motion for summary judgment [38-1] () (sh) (Entered: 06/28/1999)	RECAP
41	July 8, 1999	REPLY by defendant to response to motion for summary judgment [38-1] (no pgs: 10) (wh) (Entered: 07/09/1999)	RECAP
42	July 8, 1999	APPENDIX of depo experts & depo exhibits cited by defendant re motion reply [41-1] (wh) (Entered: 07/09/1999)	RECAP
	July 8, 1999	Deposition of Anita Stickle (4 envelopes) (wh) (Entered: 07/09/1999)	PACER
	July 8, 1999	Deposition of Anita Stickle (4 envelopes) (wh)
43	July 9, 1999	MOTION by plaintiff to extend time to serve second declaration of Earl Whittington () (bw) (Entered: 07/12/1999)	RECAP
44	July 9, 1999	REPLY by plaintiff to response to motion for summary judgment [37-1] () (bw) (Entered: 07/12/1999)	RECAP
45	July 12, 1999	MOTION by plaintiff to file a second declaration of Earl Whittington () (bw) (Entered: 07/14/1999)	RECAP
46	July 14, 1999	NOTICE of filing deposition of Anita Stickle by defendant () (bw) (Entered: 07/15/1999)	RECAP
47	Aug. 25, 1999	ORDER by Judge James L. Graham vacating [33-1] trial notice -Final pretrial conf VACATED 9:30 8/27/99 -Trial VACATED 9:00 9/27/99 -pending ruling on x-MSJ (cc: all counsel) (no pgs: 1) (wh) (Entered: 08/26/1999)	RECAP
48	Feb. 29, 2000	ORDER by Judge James L. Graham granting motion to file a second declaration of Earl Whittington [45-1], granting motion to extend time to serve second declaration of Earl Whittington [43-1] (cc: all counsel) ( no pgs: 1) (bw) (Entered: 02/29/2000)	RECAP
49	Aug. 18, 2000	ORDER by Judge James L. Graham denying motion for summary judgment [37-1] by plaintiff EEOC, granting motion for summary judgment [38-1] by defendant IAFF directing judgment to enter in favor of the defendant and dismissing case (cc: all counsel) ( no pgs: 57) (bw) (Entered: 08/18/2000)	RECAP
50	Aug. 18, 2000	JUDGMENT ENTERED: (cc: all counsel) ( no pgs: 1) (bw) (Entered: 08/18/2000)	RECAP
	Sept. 20, 2000	Remark depositions destroyed (bw) (Entered: 09/20/2000)	PACER
	Sept. 20, 2000	Remark depositions destroyed (bw)
51	Oct. 16, 2000	NOTICE OF APPEAL by plaintiff EEOC from Dist. Court decision [50-1] of 08/18/00 ( no pgs: 3) (sln) (Entered: 10/16/2000)	RECAP
	Oct. 16, 2000	APPEAL FEE WAIVED (sln) (Entered: 10/16/2000)	PACER
	Oct. 16, 2000	APPEAL NOTIFICATION issued CA. (sln) (Entered: 10/16/2000)	PACER
	Oct. 16, 2000	APPEAL FEE WAIVED (sln)
	Oct. 16, 2000	APPEAL NOTIFICATION issued CA. (sln)
	Oct. 23, 2000	RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 00-4308 (sln) (Entered: 10/24/2000)	PACER
	Oct. 23, 2000	RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 00-4308 (sln)
52	March 22, 2001	ORDER OF USCA 6th: dismissing the appeal [51-1] () (bw) (Entered: 03/23/2001)	RECAP
53	April 4, 2001	Bill of costs submitted by defendant IAFF () (bw) (Entered: 04/05/2001)	RECAP
54	April 4, 2001	MOTION by defendant for attorney fees () (bw) (Entered: 04/05/2001)	RECAP
55	April 30, 2001	RESPONSE by plaintiff to motion for attorney fees [54-1] () (bw) (Entered: 05/01/2001)	RECAP
56	April 30, 2001	RESPONSE by plaintiff to [53-1] the bill of costs (bw) (Entered: 05/01/2001)	RECAP
57	May 10, 2001	RESPONSE by defendant to Bill of Costs (bw) (Entered: 05/11/2001)	RECAP
58	May 10, 2001	REPLY by defendant to response to motion for attorney fees [54-1] () (bw) (Entered: 05/11/2001)	RECAP
59	May 16, 2001	COSTS taxed in the amount of $ 976.50 with Clerk's memo (cc: all counsel) ( no pgs: 2) (sh) (Entered: 05/16/2001)	RECAP
60	Oct. 4, 2001	ORDER by Judge James L. Graham denying defts motion for attorney fees [54-1] (cc: all counsel) ( no pgs: 9) (bw) (Entered: 10/04/2001)	RECAP
	June 21, 2007	File located in Chicago: Accession No. 021 06 0166; Location No. 864910- 865207; Box 45 of 298 (bam) (Entered: 06/21/2007)	PACER
	June 21, 2007	File located in Chicago: Accession No. 021 06 0166; Location No. 864910- 865207; Box 45 of 298 (bam)

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Case Details

State / Territory:

Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 31, 1998

Closing Date: March 22, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

City of Newark

International Association of Firefighters, Local 109

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Ohio 2:98-cv-00339

U.S. Court of Appeals for the Sixth Circuit 00-04308

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 109 and CITY OF NEWARK, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/8020/ (last updated 3/10/2008).