Case: EEOC v. Museum of Modern Art

U.S. Court of Appeals for the Second Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (No Fees Due - U.S.A.). (em) (Entered: 01/06/1998)

Magistrate Judge Dolinger is so Designated. (em) (Entered: 01/06/1998)

Magistrate Judge Dolinger is so Designated. (em)

ORDER, regarding scheduling and initial pretrial conference ( signed by Judge Lewis A. Kaplan ); Copies mailed (cd) (Entered: 01/16/1998)

SCHEDULING ORDER: joinder of additional parties - 4/9/98; amendment of pleadings - 4/9/98; completion of all discovery - 6/9/98; service of summary judgment motions - 7/9/98; filing of pretrial order, proposed jury instructions and requested voir dire questions -- case ready for trial - 7/9/98 ( signed by Judge Lewis A. Kaplan ); Copies mailed (sac) (Entered: 03/11/1998)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlment. ( signed by Judge Lewis A. Kaplan ) Referred to Magistrate Judge Michael H. Dolinger. (kw) (Entered: 03/12/1998)

Rule 1.9 certificate filed by Museum of Modern Art (djc) (Entered: 03/20/1998)

ANSWER to Complaint by Museum of Modern Art (Attorney Christopher J. Collins); by attorney Christopher J. Collins for defendant Museum of Modern Art (djc) (Entered: 03/20/1998)

Before Mag Judge Dolinger; Pre-trial conference held (cd) (Entered: 05/04/1998)

Before Mag Judge Dolinger; Pre-trial conference held (cd)

Filed Memo-Endorsement on letter to Judge Kaplan from Andree M. Peart dated 05/07/98, reset discovery due for 6/30/98 ; reset pretrial order due for 8/30/98 ; reset summary judgment motion filing deadline for 8/30/98 ; the Court did not authorize suspension of discovery ( signed by Judge Lewis A. Kaplan) (djc) (Entered: 05/08/1998)

NOTICE OF MOTION by Museum of Modern Art; pursuant to Rule 56(e) of the FRCP, for summary judgment ; with Deposition(s) in support attached (filed in the night deposit on 8/31/98 at 11:59 p.m.) (ae) Modified on 09/02/1998 (Entered: 09/02/1998)

MEMORANDUM OF LAW by Museum of Modern Art in support of [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (filed in the night deposit on 8/31/98 at 11:59 p.m.) (ae) (Entered: 09/02/1998)

Rule 56.1 statement filed by Museum of Modern Art (filed in the night deposit on 8/31/98 at 11:59 p.m.) (ae) (Entered: 09/02/1998)

JOINT PRETRIAL ORDER filed. ( signed by Judge Lewis A. Kaplan ) (kw) (Entered: 09/04/1998)

Filed Memo-Endorsement on letter to Judge Kaplan from Andree M. Peart dated 9/14/98, plaintiff's response to motion reset to 9/16/98 for [8-1] motion pursuant to 56(e) of the FRCP, for summary judgment ( signed by Judge Lewis A. Kaplan ) (kw) (Entered: 09/16/1998)

MEMORANDUM by E.E.O.C. in opposition to [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (ls) (Entered: 09/17/1998)

REPLY MEMORANDUM by Museum of Modern Art re: [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (cd) (Entered: 09/24/1998)

SUPPLEMENTAL AFFIDAVIT in support of C. Collins by Museum of Modern Art Re: [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (cd) (Entered: 09/24/1998)

ORDER, set oral argument for 11:30 2/22/99 (signed by Judge Lewis A. Kaplan); Copies mailed. (ri) (Entered: 02/09/1999)

ORDER; denying [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment. ( signed by Judge Lewis A. Kaplan ); Copies mailed (jp) (Entered: 02/26/1999)

Settlement conference held (sl) (Entered: 03/08/1999)

Settlement conference held (sl)

NOTICE OF MOTION by Museum of Modern Art in limine, for an order preventing pltff from introducing, at trial, any purported evidence concerning the possible adverse effect of MoMA's alleged discrimination on Jeffrey Allen's HIV condition or T Cell count, any evidence concerning Allen's belief, opinion or concern about such an effect, and a handwritten chart prepared by Allen which, along with other notations by Allen, purports to track his T Cell Count . Return date 3/23/99. Deft's Memorandum in support attached. (emil) (Entered: 03/25/1999)

Proposed Jury Instructions by Museum of Modern Art (emil) (Entered: 03/25/1999)

Proposed Voir Dire Questions by Museum of Modern Art (emil) (Entered: 03/25/1999)

OPPOSITION BRIEF by Museum of Modern Art re: [18-1] motion in limine, for an order preventing pltff from introducing, at trial, any purported evidence concerning the possible adverse effect of MoMA's alleged discrimination on Jeffrey Allen's HIV condition or T Cell count, any evidence concerning Allen's belief, opinion or concern about such an effect, and a handwritten chart prepared by Allen which, along with other notations by Allen, purports to track his T Cell Count (emil) (Entered: 03/26/1999)

Jury trial held before Judge Kaplan on 3/23/99. (sac) (Entered: 03/30/1999)

Jury trial held before Judge Kaplan on 3/23/99. (sac)

Jury trial continues. (sac) (Entered: 03/30/1999)

Jury trial continues. (sac)

Jury trial continues. (sac) (Entered: 03/30/1999)

Jury trial continues. (sac)

Jury trial held & concluded before Judge Kaplan on 3/26/99. Jury Verdict for the deft. (sac) (Entered: 03/30/1999)

Jury trial held & concluded before Judge Kaplan on 3/26/99. Jury Verdict for the deft. (sac)

JUDGMENT. The complaint is dismissed. (signed by Judge Lewis A. Kaplan); Mailed copies and notice of right to appeal. Entered on 04/01/99 (djc) (Entered: 04/01/1999)

Case closed (djc) (Entered: 04/01/1999)

Case closed (djc)

Transcript of record of proceedings filed before Judge Lewis A. Kaplan for dates of February 24, 1999 at 4:45 P.M. (sn) (Entered: 04/13/1999)

NOTICE OF APPEAL by E.E.O.C. ; from [22-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Christopher J. Collins . (dt) (Entered: 05/28/1999)

Notice of appeal and certified copy of docket to USCA: [24-1] appeal by E.E.O.C. ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 05/28/1999)

Notice of appeal and certified copy of docket to USCA: [24-1] appeal by E.E.O.C. ; Copy of notice of appeal sent to District Judge. (dt)

Transcript of record of proceedings before Judge Kaplan filed for dates of 3/23-26/99 (jp) (Entered: 06/02/1999)

True Copy of Order from the USCA as to E.E.O.C. RE: [24-1] appeal by E.E.O.C. . Notice of motion for voluntary dismissal of appeal. It is hereby ordered that the motion be and it hereby is granted. (99-6137) Karen Greve Milton, USCA. (as) (Entered: 07/28/1999)