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

Clearinghouse coding complete

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)

Documents in the Clearinghouse

Document

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

2000 WL 33739179, 2000 U.S.Dist.LEXIS 21958

Aug. 18, 2000

Aug. 18, 2000

Order/Opinion
60

2:98-cv-00339

Order

EEOC v. International Association of Firefighters Local 109

2001 WL 1854317, 2001 U.S.Dist.LEXIS 23732

Oct. 4, 2001

Oct. 4, 2001

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (referred to Mag. Judge Terence P. Kemp ) () (bw) (Entered: 04/01/1998)

March 31, 1998

March 31, 1998

2

MOTION by defendant to extend time until 6-8-98 to answer () (bw) (Entered: 04/22/1998)

April 20, 1998

April 20, 1998

3

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)

April 24, 1998

April 24, 1998

4

NOTICE setting this action for Preliminary PTC 2:30 6/30/98 (cc: all counsel) (bw) (Entered: 05/20/1998)

May 19, 1998

May 19, 1998

5

THIRD-PARTY COMPLAINT: by defendant IAFF against City of Newark, Ohio (bw) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

6

ANSWER by defendant IAFF (bw) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

8

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)

July 6, 1998

July 6, 1998

9

MOTION by plaintiff for order extending the deadline for file an amended complaint until 11-2-98 () (bw) (Entered: 08/05/1998)

Aug. 5, 1998

Aug. 5, 1998

10

NOTICE Settlement conference set at 9:00 on 9/22/98 (cc: all counsel) (bw) (Entered: 08/12/1998)

Aug. 10, 1998

Aug. 10, 1998

11

ORDER re: settlement conference by Mag. Judge Terence P. Kemp (cc: all counsel) () (bw) (Entered: 08/12/1998)

Aug. 11, 1998

Aug. 11, 1998

12

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)

Aug. 12, 1998

Aug. 12, 1998

13

MOTION by third-party defendant Newark City of to dismiss 3rd pty complaint (bw) (Entered: 08/25/1998)

Aug. 21, 1998

Aug. 21, 1998

14

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)

Sept. 11, 1998

Sept. 11, 1998

15

NOTICE Settlement conference rescheduled to 10:00 10/14/98 (cc: all counsel) (bw) (Entered: 09/21/1998)

Sept. 21, 1998

Sept. 21, 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)

Sept. 25, 1998

Sept. 25, 1998

16

STIPULATION of the dismissal of the third-party complaint [5-1] (bw) (Entered: 10/13/1998)

Oct. 8, 1998

Oct. 8, 1998

17

MOTION by plaintiff to file first amended complaint instanter () (bw) (Entered: 11/02/1998)

Oct. 30, 1998

Oct. 30, 1998

18

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)

Dec. 7, 1998

Dec. 7, 1998

19

AMENDED COMPLAINT by plaintiff EEOC; jury demand adding City of Newark Ohio (bw) (Entered: 12/07/1998)

Dec. 7, 1998

Dec. 7, 1998

20

ANSWER by defendant IAFF () (bw) (Entered: 12/15/1998)

Dec. 15, 1998

Dec. 15, 1998

21

MOTION by plaintiff EEOC to strike certain of deft defenses () (bw) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

22

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)

Dec. 23, 1998

Dec. 23, 1998

23

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)

Dec. 23, 1998

Dec. 23, 1998

25

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)

Jan. 11, 1999

Jan. 11, 1999

26

RESPONSE by defendant to motion to strike certain of deft defenses [21-1] () (bw) (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

27

JOINT MOTION by plaintiff & defendant to extend discovry and motion cut off dates () (bw) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

28

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)

Feb. 10, 1999

Feb. 10, 1999

29

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)

Feb. 11, 1999

Feb. 11, 1999

30

REPLY by plaintiff to response to motion to strike certain of deft defenses [21-1] () (bw) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

31

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)

March 1, 1999

March 1, 1999

32

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)

March 15, 1999

March 15, 1999

33

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)

March 17, 1999

March 17, 1999

34

NOTICE by plaintiff of taking deposition of Gregry Keefe on 4-6 & 4-7-99 () (bw) (Entered: 03/25/1999)

March 24, 1999

March 24, 1999

35

NOTICE by plaintiff of taking deposition of Scott Sanders on 4-27-99 () (bw) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

36

AGREED PROTECTIVE ORDER by Judge James L. Graham : (cc: all counsel) () (bw) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

ATTORNEY APPEARANCE for plaintiff EEOC by Howard R Besser (not a document per telephone call 5/26/99) (bw) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

37

MOTION by plaintiff EEOC for summary judgment with Memo in Support and Declarations () (sln) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

38

MOTION by defendant IAFF for summary judgment () (bw) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

39

RESPONSE by defendant to motion for summary judgment [37-1] () (bw) (Entered: 06/21/1999)

June 21, 1999

June 21, 1999

40

RESPONSE by plaintiff EEOC to motion for summary judgment [38-1] () (sh) (Entered: 06/28/1999)

June 28, 1999

June 28, 1999

41

REPLY by defendant to response to motion for summary judgment [38-1] (no pgs: 10) (wh) (Entered: 07/09/1999)

July 8, 1999

July 8, 1999

Deposition of Anita Stickle (4 envelopes) (wh) (Entered: 07/09/1999)

July 8, 1999

July 8, 1999

43

MOTION by plaintiff to extend time to serve second declaration of Earl Whittington () (bw) (Entered: 07/12/1999)

July 9, 1999

July 9, 1999

44

REPLY by plaintiff to response to motion for summary judgment [37-1] () (bw) (Entered: 07/12/1999)

July 9, 1999

July 9, 1999

45

MOTION by plaintiff to file a second declaration of Earl Whittington () (bw) (Entered: 07/14/1999)

July 12, 1999

July 12, 1999

46

NOTICE of filing deposition of Anita Stickle by defendant () (bw) (Entered: 07/15/1999)

July 14, 1999

July 14, 1999

47

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)

Aug. 25, 1999

Aug. 25, 1999

48

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)

Feb. 29, 2000

Feb. 29, 2000

49

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)

Aug. 18, 2000

Aug. 18, 2000

50

JUDGMENT ENTERED: (cc: all counsel) ( no pgs: 1) (bw) (Entered: 08/18/2000)

Aug. 18, 2000

Aug. 18, 2000

Remark depositions destroyed (bw) (Entered: 09/20/2000)

Sept. 20, 2000

Sept. 20, 2000

51

NOTICE OF APPEAL by plaintiff EEOC from Dist. Court decision [50-1] of 08/18/00 ( no pgs: 3) (sln) (Entered: 10/16/2000)

Oct. 16, 2000

Oct. 16, 2000

APPEAL FEE WAIVED (sln) (Entered: 10/16/2000)

Oct. 16, 2000

Oct. 16, 2000

APPEAL NOTIFICATION issued CA. (sln) (Entered: 10/16/2000)

Oct. 16, 2000

Oct. 16, 2000

RECEIPT OF USCA APPEAL NUMBER - Number Assigned: 00-4308 (sln) (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

52

ORDER OF USCA 6th: dismissing the appeal [51-1] () (bw) (Entered: 03/23/2001)

March 22, 2001

March 22, 2001

53

Bill of costs submitted by defendant IAFF () (bw) (Entered: 04/05/2001)

April 4, 2001

April 4, 2001

54

MOTION by defendant for attorney fees () (bw) (Entered: 04/05/2001)

April 4, 2001

April 4, 2001

55

RESPONSE by plaintiff to motion for attorney fees [54-1] () (bw) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

56

RESPONSE by plaintiff to [53-1] the bill of costs (bw) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

58

REPLY by defendant to response to motion for attorney fees [54-1] () (bw) (Entered: 05/11/2001)

May 10, 2001

May 10, 2001

59

COSTS taxed in the amount of $ 976.50 with Clerk's memo (cc: all counsel) ( no pgs: 2) (sh) (Entered: 05/16/2001)

May 16, 2001

May 16, 2001

60

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)

Oct. 4, 2001

Oct. 4, 2001

File located in Chicago: Accession No. 021 06 0166; Location No. 864910- 865207; Box 45 of 298 (bam) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

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

City of Newark (Newark, Ohio), Private Entity/Person

International Association of Firefighters, Local 109 (Newark, OH), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits