Case: EEOC v. Allstate Insurance Co

2:01-cv-07042 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 27, 2001

Closed Date: Oct. 31, 2018

Clearinghouse coding complete

Case Summary

On December 27, 2001, the Equal Employment Opportunity Commission filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The lawsuit alleged that Allstate sought to convert all of its employee-agents into independent contractors. Employee-agents were informed that they would all be terminated by June 30, 2000. However, if employees signed a broad release, they could continue working for Allstate as independent contractors. The release encompassed all claims und…

On December 27, 2001, the Equal Employment Opportunity Commission filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The lawsuit alleged that Allstate sought to convert all of its employee-agents into independent contractors. Employee-agents were informed that they would all be terminated by June 30, 2000. However, if employees signed a broad release, they could continue working for Allstate as independent contractors. The release encompassed all claims under the Age Discrimination and Employment Act (ADEA) (29 U.S.C. §§ 621 et seq.), and the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.), and Title VII. The EEOC alleged that requiring employees to sign these agreements constituted retaliation in violation of the ADA, ADEA, and Title VII and interference, coercion, and intimidation in violation of the ADA. The EEOC filed this lawsuit on behalf of approximately 300 persons who had filed charges with the EEOC. The EEOC sought declaratory relief that the release was invalid.

The case was assigned to Judge Gerald J. Pappert.

On February 6, 2002, Judge Pappert granted the parties' joint motion to consolidate the case with Romero v. Allstate, a private lawsuit that also alleged the issue of retaliation as well as numerous other challenges to company reorganization actions. Judge John Fullam presided over the newly consolidated case.

Both parties submitted motions for summary judgment. On March 30, 2004, Judge Fullam entered a declaratory judgment, holding, in part, that the releases were voidable so long as the employees tendered back all benefits received in connection with signing those releases. The plaintiffs filed a timely motion for reconsideration challenging only the propriety of the “tender back” requirement imposed by the Court. While that reconsideration motion was still pending, Allstate filed a second motion for summary judgment in December of 2005, as to all of the plaintiffs' underlying causes of action. That motion remained undecided until March 2007, when the plaintiffs asked the court to reassign its case to a different judge because of Judge Fullam's failure act on numerous pending motions. Right after the plaintiffs made this request, Judge Fullam announced his intentions to reverse his original finding as to the validity of the Releases. Ultimately, on June 20, 2007, Judge Fullam held that he erred in his 2004 Declaratory Judgment and vacated that decision. He further granted summary judgment in Allstate's favor on the entirety of the plaintiffs' actions in Romero v. Allstate and in EEOC v. Allstate.

On November 26, 2007, the plaintiffs appealed this ruling to the United States Court of Appeals for the Third Circuit. Reviewing the history of this case, the Third Circuit noted that Plaintiffs had not received the benefit of full discovery as to issues regarding the validity of the Releases, and determined that these issues were dispositive as to the rest of the plaintiffs' claims. The court went on to vacate the district court's order and remand for further proceedings consistent with the opinion. 344 F. App'x 785.

On January 29, 2010, after remand from the Court of Appeals in Romero, the three cases were reassigned to Judge Ronald L. Buckwalter. Plaintiffs filed a Motion to Amend the Complaint in Romero and, on July 28, 2010, this Court granted the requested leave, resulting in the filing of the Second Amended Complaint.

Consistent with the Third Circuit's mandate, this court then permitted discovery to proceed in bifurcated fashion, with the parties limited to discovery only on the validity of the release. During approximately the next three years, the parties engaged in this targeted discovery and related motion practice. On September 12, 2012, the court consolidated Romero and EEOC v. Allstate for administrative purposes. It is not clear from the docket or the court's summary of the procedural history how the 2012 consolidation differs from the 2002 consolidation. 1 F.Supp.3d 319. In compliance with the court's scheduling order, the parties began filing summary judgment motions in early April 2013.

The individual plaintiffs and Defendants Allstate and Edward Liddy, the former President and CEO of Allstate, filed cross-motions for summary judgment. On February 27, 2014, Judge Ronald Buckwalter ultimately denied the cross-motions and determined that genuine issues of material fact remained as to whether the release was knowingly and voluntarily signed. 2014 WL 796005.

On March 13, 2014, Judge Buckwalter ruled on the remaining motions for summary judgment that the EEOC and Allstate had filed. He found that there was no genuine issue of material fact, holding that the release did not constitute a substantive violation of the anti-retaliation provisions set forth in any federal anti-discrimination law at issue. Accordingly, Judge Buckwalter granted Allstate's motion and denied the EEOC's, ultimately dismissing the EEOC's action in its entirety. 3 F.Supp.3d 313.

The EEOC appealed and the case was assigned to Judges Thomas Hardiman, Anthony Scircica, and Maryanne Barry on the Third Circuit. On March 26, 2015, writing for the court, Judge Hardiman affirmed Judge Buckwalter's ruling. 778 F.3d 444.

On May 23, 2014, the plaintiffs from the Romero cases filed a motion for class certification with respect to four issues in the litigation. On October 6, 2014, Judge Buckwalter denied the motion for class certification, finding that issue certification would be unmanageable. 52 F.Supp.3d 715.

On February 26, 2015, the Romero plaintiffs sought leave to file a Third Amended Complaint in order to add 368 employee-agents as named plaintiffs. On April 21, 2015, the court granted the plaintiffs' motion.

From June 1, 2015 to June 17, 2015, the court conducted its first trial in the matter. The jury decided exclusively the issue of whether ten of the plaintiffs knowingly and voluntarily signed the release of claims that Allstate used. The jury found that, as to eight of the Plaintiffs, the Release was not knowingly and voluntarily signed, but, as to the remaining two Plaintiffs, the Release had been knowingly and voluntarily signed. These remaining plaintiffs then asserted two defenses -- "unclean hands" and "unconscionability." Because these are equitable defenses, the court, rather than the jury, had to decide whether the defenses were applicable. On January 28, 2016, Judge Buckwalter concluded that the defenses were not applicable. Judge Buckwalter retired from serving as an active judge and Judge Pappert subsequently took control of the case. On February 10, 2016, Judge Pappert entered an order upholding Judge Buckwalter's findings as to the defenses but noted that this finding would not apply to any of the subsequent trials on the matter. 158 F.Supp.3d 369.

Only July 28, 2015, defendants Allstate and Liddy filed motions to dismiss the third amended complaint and complaints of two intervenors. On November 12, 2015, Judge Buckwalter held that the plaintiffs' state law claims were barred by doctrines of "tender back" and "ratification" and thus granted the defendants' motion to dismiss as to the state law claims. The plaintiffs immediately filed motions for reconsideration which Judge Pappert granted. 170 F.Supp.3d 779.

The plaintiffs moved to amend Judge Buckwalter's January 28 finding and Judge Pappert's February 10 order. On April 12, 2016, the case was reassigned to Judge Mark A. Kearney. On May 3, 2016, Judge Kearney determined that there was no basis for modifying Judge Buckwalter's findings. However, he ordered that Judge Pappert's order be amended to reflect the parties' agreement that the release was unenforceable as to state law claims (the court had already found the agreement unenforceable as to federal law claims). 2016 WL 2595102.

Allstate contested the jury verdict for the eight plaintiffs and filed a motion for judgment as a matter of law or, in the alternative, a motion for a new trial. On May 4, 2016, Judge Kearney denied the motions, writing that a careful review of the record showed that the verdict was proper and that no prejudicial error occurred. 2016 WL 2619853.

On July 6, 2016, Judge Kearney denied defendants Allstate and Liddy's motions to dismiss the third amended complaint, finding that the complaint stated valid claims under ERISA and the ADEA. 2016 WL 3654265.

Allstate filed a motion for partial summary judgment on certain ERISA claims and breach of fiduciary duty claims. On November 22, 2016, Judge Kearney granted in part and denied in part the defendants' motion, allowing plaintiffs to proceed on certain ERISA claims. 2016 WL 6876307.

The court ordered the plaintiffs to proceed to trial by dividing common federal questions into two separate phases. Phase I would address certain ERISA questions and Phase II would address any remaining common federal questions. Following the Phase I bench trial, the court concluded that Allstate's policies functioned as an unlawful "cutback" of employee benefits with respect to certain plaintiffs. On April 27, 2017, the court ordered that Allstate disclose to plaintiffs the benefits they would have received the benefit of their early retirement subsidy. If the plaintiffs would have received the benefit, then those plaintiffs will proceed to individual trials. 2017 WL 1508879.

On the same day that the court released its Phase I findings of law and fact, the court granted Allstate's motion for partial summary judgment on ADEA disparate impact claims and certain ERISA claims that were a part of Phase II of the trial. All remaining Phase II issues, including the plaintiffs' ADEA disparate treatment claims, were inappropriate for common resolution and needed to be tried individually. Accordingly, Judge Kearney closed Phase II of the trial. 251 F.Supp.3d 867.

Allstate filed another motion for partial summary judgment on the eight agents residing in the Eastern District of Pennsylvania who were scheduled for trial. Allstate specifically sought summary judgment on the breach of contract and breach of fiduciary duty claims. Judge Kearney found that there were unresolved factual questions relating to the "tender back" requirement that precluded summary judgment. Accordingly, Judge Kearney denied Allstate's motion on September 5, 2017, and ordered that the cases proceed to trial. 2017 WL 3881215.

On the same day, Judge Kearney granted one of Allstate's other motions for summary judgment. There, Allstate claimed that the group of six plaintiffs bringing age discrimination complaints failed to file complaints with the EEOC, thereby failing to satisfy the administrative exhaustion requirement. Judge Kearney agreed with Allstate, granted the motion for summary judgment, and dismissed the six plaintiffs' claims. 2017 WL 3881217.

On January 29, 2018, Judge Kearney ruled on another one of Allstate's motions for partial summary judgment. In this motion, Allstate asserted that they was no factual dispute as to whether they unlawfully retaliated against several plaintiffs. Judge Kearney granted the motion in part and denied the motion in part. Specifically, he granted summary judgment on plaintiffs' claims that Allstate's counterclaims violated the anti-retaliation provisions of ADEA and ERISA. He denied summary judgment on five plaintiffs' additional claims of retaliation. 2018 WL 627116.

On May 22, 2018, Judge Kearney again ruled an Allstate motion for partial summary judgment. In this motion, Allstate alleged that twelve plaintiffs' claims were barred by Pennsylvania's statute of limitations. Judge Kearney disagreed and denied Allstate's motion, finding the statute of limitations was tolled per a Congressional mandate. 2018 WL 2325405.

On May 30, 2018, 369 plaintiffs voluntarily dismissed their suits because they had reached a settlement agreement with the defendants. The voluntary dismissal had no bearing on the 28 remaining plaintiffs. On June 13, 2018, five additional plaintiffs reached a settlement. On August 17, 2018, another nine plaintiffs settled with the defendants, leaving 16 remaining plaintiffs.

On September 19, 2018, Allstate filed another motion for summary judgment on the remaining plaintiffs' claims. On September 20, 2018, eleven additional plaintiffs settled with the defendants. The following day, two additional plaintiffs reached a settlement, leaving three plaintiffs remaining.

On October 31, 2018, the remaining plaintiffs settled, thereby leading Judge Kearney to dismiss the case in its entirety. All settlement agreements between the plaintiffs and defendants appear to be private and confidential.

Summary Authors

Hope Brinn (5/3/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5138899/parties/eeoc-v-allstate-insurance/


Judge(s)

Buckwalter, Ronald Lawrence (Pennsylvania)

Fullam, John Patrick (Pennsylvania)

Kearney, Mark A. (Pennsylvania)

Pappert, Gerald John (Pennsylvania)

Attorneys(s) for Plaintiff

Acosta, Marisel (Pennsylvania)

Becker, Lily G. (Pennsylvania)

Berman, Matthew (New York)

Coler, Susan M (Minnesota)

Edge, Dawn M (Pennsylvania)

Ercole, Brian M. (Florida)

Judge(s)

Buckwalter, Ronald Lawrence (Pennsylvania)

Fullam, John Patrick (Pennsylvania)

Kearney, Mark A. (Pennsylvania)

Pappert, Gerald John (Pennsylvania)

Attorneys(s) for Plaintiff

Acosta, Marisel (Pennsylvania)

Becker, Lily G. (Pennsylvania)

Berman, Matthew (New York)

Coler, Susan M (Minnesota)

Edge, Dawn M (Pennsylvania)

Ercole, Brian M. (Florida)

Flores, Iris Santiago (Pennsylvania)

Gold, Sidney L. (Pennsylvania)

Gorbey, Jaqueline (Pennsylvania)

Gorman, John V. (Pennsylvania)

Griffiths, Bruce V. (New Jersey)

Johnson, Robert G. (Missouri)

Kane, Sara W. (New York)

Lieder, Michael D. (District of Columbia)

Marston, David W Jr. (Pennsylvania)

Meehan, Coleen M. (Pennsylvania)

Miller, C. Felix (Missouri)

Osborne, Thomas W. (District of Columbia)

Quinn, William P. Jr. (Pennsylvania)

Roney, K. Catherine (Pennsylvania)

Signorille, Mary E. (District of Columbia)

Valli, Robert J (New York)

Walsh, James P. (Pennsylvania)

Weller, Paul D. (Pennsylvania)

Wilson, Michael (District of Columbia)

Wolf, Daniel (District of Columbia)

Zevnik, Paul A. (Pennsylvania)

Attorneys(s) for Defendant

Bellacosa, Peter A. (New York)

Borchard, Brian (Illinois)

Carron, Anna (Illinois)

Cognato, Christopher T. (Pennsylvania)

Costello, Mary K. (Pennsylvania)

Deiger, Stephanie K. (Pennsylvania)

Field, Eric (District of Columbia)

Fowkes, Scott W. (Illinois)

Godfrey, Richard Cartier (Illinois)

Heinz, Jordan Mitchell (Illinois)

Karis, Hariklia (Illinois)

Katchen, Katherine M. (Pennsylvania)

King, Christopher Qualley (Illinois)

Langel, John B. (Pennsylvania)

Livingston, Donald R. (District of Columbia)

Mannino, Edward F. (Pennsylvania)

McManus, Elizabeth (Pennsylvania)

O'Connor, Benjamin (Illinois)

Park, Jane S. (Illinois)

Peel, Drew G.A. (Illinois)

Smylie, Sallie Gamble (Illinois)

Stupar, Jenna (Illinois)

Teslik, W. Randolph (District of Columbia)

Trout Perez, Tia T. (District of Columbia)

Tsonis, Gregory (Illinois)

Welch, Donna M. (Illinois)

Zolner, Erica (New York)

Other Attorney(s)

Bobbitt, Jonathan L. (Tennessee)

Doto, Steven H. (New Jersey)

Gilbert, Justin S. (Tennessee)

Mulcahey, John M. (Pennsylvania)

Munley, Julia (Pennsylvania)

Nealon, Katie (Pennsylvania)

Popper, Howard D. (Pennsylvania)

Salonus, Jessica F. (Tennessee)

Vagnini, James A (New York)

Walker, Michael D. (Pennsylvania)

Yatvin, Alan L. (Pennsylvania)

Documents in the Clearinghouse

Document

04-02161

General Docket

Romero v. Allstate Corp

U. S. Court of Appeals for the Third Circuit

May 24, 2005

May 24, 2005

Docket

08-01122

Docket - Court of Appeals

Romero v. Allstate Ins Co

U. S. Court of Appeals for the Third Circuit

March 17, 2008

March 17, 2008

Docket

2:01-cv-07042

Docket [PACER]

E.E.O.C. v. Allstate

Feb. 10, 2016

Feb. 10, 2016

Docket

2:01-cv-06764

Docket [PACER - Consolidated Case]

Romero v. The Allstate Corporation

Sept. 21, 2018

Sept. 21, 2018

Docket

5:15-cv-01049

Docket

Abell v. Allstate Insurance Company

Sept. 21, 2018

Sept. 21, 2018

Docket

2:15-cv-03047

Docket

Anzivine v. Allstate Insurance Company

Oct. 31, 2018

Oct. 31, 2018

Docket

2:01-cv-03894

Docket [PACER - Consolidated Case]

Romero v. Allstate

Oct. 31, 2018

Oct. 31, 2018

Docket
134

2:01-cv-03894

Memorandum and Order

Romero v. Allstate Insurance Company

2004 WL 692231

March 30, 2004

March 30, 2004

Order/Opinion

2:01-cv-07042

Court Rules Allstate's Threats of Retaliation are Illegal

EEOC v. Allstate

No Court

April 2, 2004

April 2, 2004

Press Release
54

2:01-cv-07042

2:01-cv-03894

2:01-cv-06764

Order [Denying Plaintiff's Motion for Reconsideration]

Romero v. Allstate Insurance Co.

Jan. 16, 2007

Jan. 16, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5138899/eeoc-v-allstate-insurance/

Last updated Aug. 1, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION ( Filing fee $ 400 receipt number PPE121867.), filed by EDWARD RESNER, PAUL GILLIHAN, BRIAN PURTLE, CEBIE EDWARDS, THOMAS SCHNEIDER, CHARLES CADY, JOHN DINEEN, LAWRENCE ANZIVINE, DONALD MCCRARY, GERALD FLORES, DONALD FRANCHINO, ROBERT SUTTER, LYNN SOWARD, JAMES MORGAN, WILLIAM MURTHA, DONALD RIGGINS, JOYCE MORGAN, WILLIAM HOGAN, RUBY WATKINS, ROBERT GEBLER, JAMES GREGG, BENNY CHUNN, DONALD MATTINGLY, GARY WEAVER, NICHOLAS STAVOLA, MICHAEL VALENTE, ARTHUR SPEARS, III, NICHOLAS COSTANZO, WILLIAM FARR, CHRISTOPHER SULLIVAN, CHARLES RANDAZZO, VIRGINIA GANGE, WILLIAM TARRIER, DAVID GROSSNICKLAUS, JAMES BANNON, CHRISTOPHER CHALLENDER, DENNIS KARLAN, LARRY HALL, JOSEPH DI BLASI, JOHN HOGAN, BRIEN SULLIVAN, JAMES SHUMAKER, LEONARD GREGONLINE, THOMAS HAWKINS, JOSEPH ECKERT, RAYMOND HATTAWAY, BRUCE BONDS.(jmv, ) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

135

MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/27/14. 2/28/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, )

Feb. 27, 2014

Feb. 27, 2014

RECAP
136

ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED; ALLSTATE'S MOTION FOR SUMMARY JUDGMENT IS DENIED; AND DEFENDANT LIDDY'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/27/14. 2/28/14 ENTERED AND COPIES MAILED AND E-MAILED. (ti, )

Feb. 27, 2014

Feb. 27, 2014

RECAP

Summons Issued as to ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Forwarded To: 3 Origs mailed to counsel on 6/1/15 (jmv, ) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

DEMAND for Trial by Jury by LAWRENCE ANZIVINE, JAMES BANNON, BRUCE BONDS, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR, GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN, JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, LYNN SOWARD, ARTHUR SPEARS, III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTE, RUBY WATKINS, GARY WEAVER. (jmv, ) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

137

MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/13/14. 3/13/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, ) Modified on 3/13/2014 (ti, ).

March 13, 2014

March 13, 2014

RECAP
3

MOTION for Pro Hac Vice filed by LAWRENCE ANZIVINE.filed by Sidney L. Gold, Esquire on behalf of Sara Wyn Kane, Esquire on behalf of all Plaintiffs.(GOLD, SIDNEY).($40 Fee Paid, Receipt #PPE124892). Modified on 7/27/2015 (ahf, ). (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

138

ORDER THAT THE EEOC'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 124 OF CIV. A. NO. 01-7042) IS DENIED. ALLSTATE'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 369 OF CIV. A. NO. 01-3894) IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF ALLSTATE AND AGA INST THE EEOC ON THE ENTIRETY OF THE EEOC'S AMENDED COMPLAINT (CIV. A. NO. 01-7042). CIVIL ACTION NUMBER 01-7042 IS CLOSED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/13/14. 3/13/14 ENTERED AND COPIES MAILED AND E-MAILED. (ti, ) Modified on 3/13/2014 (ti, ).

March 13, 2014

March 13, 2014

RECAP
139

MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/14. 4/7/14 ENTERED AND COPIES MAILED, E-MAILED.(ti, )

April 7, 2014

April 7, 2014

RECAP
4

MOTION for Pro Hac Vice on behalf of Applicant Robert J. Valli, Jr. Esquire on behalf of all Plaintiffs filed by LAWRENCE ANZIVINE..(GOLD, SIDNEY).($40 Fee Paid, Receipt #PPE124892). Modified on 7/27/2015 (ahf, ). (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

5

ORDER THAT THE APPLICATION OF JAMES ALDO VAGNINI TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/22/15. 6/22/15 ENTERED AND COPIES MAILED, E−MAILED AND MAILED TO UNREPS.(jl, ) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

140

ORDER THAT ALLSTATE'S MOTION FOR RECONSIDERATION IS DENIED. PLAINTIFFS' MOTION FOR RECONSIDERATION IS GRANTED AND THE COURT CLARIFIES THAT ITS 2/27/2014 MEMORANDUM AND ORDER DENYING THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT AS TO THE RELEASE DOES NOT OPERATE TO ADJUDICATE ANY ASPECT OF PLAINTIFFS' UNDERLYING BREACH OF CONTRACT CLAIMS. ALLSTATE'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/14. 4/7/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, )

April 7, 2014

April 7, 2014

RECAP
6

ORDER THAT THE APPLICATION OF SARA WYN KANE TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/22/15. 6/22/15 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

145

MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/6/14. 10/6/14 ENTERED AND COPIES MAILED, E-MAILED.(ti, )

Oct. 6, 2014

Oct. 6, 2014

RECAP
7

ORDER THAT THE APPLICATION OF ROBERT VALLI, JR TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/30/15. 6/30/15 ENTERED AND COPIES MAILED, E−MAILED, MAILED TO UNREPS.(jl, ) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

146

ORDER THAT THE MOTION FOR CLASS CERTIFICATION IS DENIED; AND THE MOTION TO STRIKE THE DECLARATION OF MARTIN H. REDISH IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/6/14. 10/6/14 ENTERED AND COPIES MAILED, E-MAILED.(ti, )

Oct. 6, 2014

Oct. 6, 2014

RECAP
8

AMENDED COMPLAINT against ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, filed by EDWARD RESNER, PAUL GILLIHAN, BRIAN PURTLE, CEBIE EDWARDS, THOMAS SCHNEIDER, CHARLES CADY, JOHN DINEEN, LAWRENCE ANZIVINE, DONALD MCCRARY, GERALD FLORES, DONALD FRANCHINO, ROBERT SUTTER, LYNN SOWARD, JAMES MORGAN, WILLIAM MURTHA, DONALD RIGGINS, JOYCE MORGAN, WILLIAM HOGAN, RUBY WATKINS, ROBERT GEBLER, JAMES GREGG, BENNY CHUNN, DONALD MATTINGLY, GARY WEAVER, NICHOLAS STAVOLA, MICHAEL VALENTE, ARTHUR SPEARS, III, NICHOLAS COSTANZO, WILLIAM FARR, CHRISTOPHER SULLIVAN, CHARLES RANDAZZO, VIRGINIA GANGE, WILLIAM TARRIER, DAVID GROSSNICKLAUS, JAMES BANNON, CHRISTOPHER CHALLENDER, DENNIS KARLAN, LARRY HALL, JOSEPH DI BLASI, JOHN HOGAN, BRIEN SULLIVAN, JAMES SHUMAKER, LEONARD GREGONLINE, THOMAS HAWKINS, JOSEPH ECKERT, RAYMOND HATTAWAY, BRUCE BONDS, JURY DEMAND, CERTIFICATE OF SERVICE.(jl, ) (Entered: 11/27/2015)

Nov. 27, 2015

Nov. 27, 2015

9

MOTION for Pro Hac Vice for Matthew Berman, Esquire filed by LAWRENCE ANZIVINE, JAMES BANNON, BRUCE BONDS, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR, GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN.Order, COS.(GOLD, SIDNEY) Modified on 12/31/2015 (jl, ). (PPE133032 $40.00) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

10

ORDER THAT THE APPLICATION OF MATTHEW BERMAN TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/8/15. 12/8/15 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

11

ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE RONALD L. BUCKWALTER TO HONORABLE GERALD J. PAPPERT FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 1/25/16. 1/25/16 ENTERED AND COPIES MAILED TO UNREPS, E−MAILED.(jl, ) Modified on 1/28/2016 (jaa, ). (VACATED PER ORDER 1/26/16.) (Entered:

Jan. 25, 2016

Jan. 25, 2016

13

ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE RONALD L. BUCKWALTER TO HONORABLE GERALD J. PAPPERT FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 2/1/16. 2/1/16 ENTERED AND COPIES MAILED TO UNREPS, E−MAILED.(jl, ) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

14

ORDER THAT THE COURT'S ORDER DOCKETED IN 15−2602,ECF 28 IS HEREBY VACATED. IN ADDITION THE AMENDED COMPLAINT DOCKETED IN 01−3894, ECF NO.832 AND 15−2602 IS STRICKEN; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/31/16. 3/31/16 ENTERED AND E−MAILED.(jl, ) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

15

ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE GERALD J. PAPPERT TO THE CALENDAR OF THE HONORABLE MARK A. KEARNEY FOR ALL FURTHER PROCEEDINGS. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 4/11/2016. 4/12/2016 ENTERED AND COPIES E−MAILED.(ahf) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

16

ORDER THAT THE COURT SHALL HOLD A RULE 16 TRIAL SCHEDULING CONFERENCE AND ORAL ARGUMENT ON PENDING MOTIONS ON 4/28/16 AT 4:00 P.M.; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/15/16. 4/15/16 ENTERED AND MAILED TO UNREP, E−MAILED.(jl, ) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

17

ORDER THAT THESE MATTERS ARE CONSOLIDATED FOR ADMINISTRATIVE PURPOSES. THE CLERK SHALL DOCKET ALL FILINGS ON THESE CONSOLIDATED MATTERS UNDER CIVIL ACTION NUMBER 01−3894; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/18/16. 4/18/16 ENTERED AND E−MAILED, MAILED TO UNREP.(jl, ) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

18

ORDER THAT COUNSEL SHALL FILE ONE BRIEF NOT EXCEEDING 10 PAGES ON OR BEFORE 4/27/16. COMMON ISSUES OF FACT AND LAW UNDER ERISA EXISTING FOR EACH PLAINTIFF. PROPOSALS FOR PROMPTY COMPLETING DISCOVERY ON ALL ISSUES AND TRYING THE COMMON ERISA ISSUES AND THEN, SIMILIAR TO MULTI DISTRICT LITIGATION. REFERRAL OF ALL DISCOVERY ISSUES AND REGULAR SETTLEMENT CONFERENCES TO MAGISTRATE JUDGE MARILYN HEFLEY; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/18/16. 4/19/16 ENTERED AND COPIES MAILED TO UNREPS, E−MAILED.(jl, ) (Entered: 04/19/2016)

April 18, 2016

April 18, 2016

19

MOTION for Pro Hac Vice of Donald R. Livingston filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Affidavit, Certificate of Service.(KATCHEN, KATHERINE) Modified on 4/28/2016 (jl, ). (PPE139472 $40.00) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

20

MOTION for Pro Hac Vice of Peter A. Bellacosa filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Affidavit, Certificate of Service.(KATCHEN, KATHERINE) Modified on 4/28/2016 (jl, ). (PPE139472 $40.00) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

21

MOTION for Pro Hac Vice of Sallie G. Smylie, P.C. filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Affidavit, Certificate of Service.(KATCHEN, KATHERINE) Modified on 4/28/2016 (jl, ). (PPE139472 $40.00) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

22

MOTION for Pro Hac Vice of Richard C. Godfrey, P.C. filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Affidavit, Certificate of Service.(KATCHEN, KATHERINE) Modified on 4/28/2016 (jl, ). (PPE139472 $40.00) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

23

MOTION for Pro Hac Vice of Hariklia Karis, P.C. filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Affidavit, Certificate of Service.(KATCHEN, KATHERINE) Modified on 4/28/2016 (jl, ). (PPE139472 $40.00) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

24

ORDER THAT THE MOTION OF SALLIE G. SMYLIE TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/29/16. 4/29/16 ENTERED AND COPIES MAILED, E−MAILED AND MAILED TO UNREP.(jl, ) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

25

ORDER THAT THE MOTION OF HARIKLIA KARIS TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/29/16. 4/29/16 ENTERED AND COPIES MAILED, E−MAILED AND MAILED TO UNREP.(jl, ) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

26

ORDER THAT THE MOTION OF DONALD LIVINGSTON TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/29/16. 4/29/16 ENTERED AND COPIES MAILED, E−MAILED AND MAILED TO UNREP.(jl, ) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

27

ORDER THAT THE MOTION OF RICHARD C. GODFREY TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/29/16. 4/29/16 ENTERED AND COPIES MAILED, E−MAILED AND MAILED TO UNREP.(jl, ) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

28

ORDER THAT THE MOTION OF PETER A. BELLACOSA TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/29/16. 4/29/16 ENTERED AND COPIES MAILED, E−MAILED AND MAILED TO UNREP.(jl, ) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

29

Minute Entry for MOTION HEARING held on 4/28/16, before Judge HEFFLEY. Court Reporter/Transcriber ESR. (jl, ) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

30

ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/2/16. 5/2/16 ENTERED AND COPIES MAILED, E−MAILED AND MAILED TO UNREP.(jl, ) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

31

Minute Entry for FINAL PRETRIAL CONFERENCE held on 11/30/16, before Judge KEARNEY. (FILED IN ERROR). (jl, ) Modified on 12/2/2016 (fb). (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

32

ORDER THAT PLAINTIFFS' MOTIONS TO SUBSTITUTE (ECF DOC. NOS. 1089, 1090, 1091, 1092, 1093, 1094) ARE GRANTED WITHOUT OBJECTION SUBJECT TO THE DEFENDANTS' ABILITY TO CHALLENGE SPECIFIC RELIEF IN THE INDIVIDUAL CASES WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF THE ORIGINAL PLAINTIFF. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/18/17. 4/18/17 ENTERED AND E−MAILED.(JL) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

33

Minute Entry for Settlement Conference held on 2/13/18, before Judge Heffley. Court Reporter/Transcriber ESR. (fdc, ) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

34

ORDER THAT PLAINTIFFS COUNTER−STATEMENT OF UNDISPUTED FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 1586) IS STRICKEN AND PLAINTIFFS SHALL FILE A PROPERLY NUMBERED COUNTER−STATEMENT OF UNDISPUTED MATERIAL FACTS NO LATER THAN 10/23/18 AND DEFENDANTS MAY RESPOND TO PLAINTIFFS PROPERLY NUMBERED COUNTER−STATEMENT OF UNDISPUTED FACTS IN OPPOSITION TO SUMMARY JUDGMENT NO LATER THAN 10/25/18. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/22/18. 10/22/18 ENTERED AND COPIES MAILED TO UNREP AND E−MAILED.(rf, ) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

168

MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/16. 1/28/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, )

Jan. 28, 2016

Jan. 28, 2016

RECAP
169

ORDER THAT THE FOLLOWING MOTIONS ARE DENIED WITHOUT PREJUDICE, DEFENDANTS' MOTION TO BAR AND EXCLUDE REFERENCES; ALLSTATE'S MOTION TO BAR AND EXCLUDE; ALLSTATE'S MOTION TO EXCLUDE EVIDENCE AND ARGUMENT; ALLSTATE'S MOTION TO BAR AN D EXCLUDE REFERENCES; ALLSTATE'S MOITON TO EXCLUDE SALES ORGANIZATION; ALLSTATE'S MOTION TO PRECLUDE; ALLSTATE'S MOTION TO BAR AND PRECLUDE ANY REFERENCES; ALLSTATE'S MOTION TO EXCLUDE HEARSAY; ALLSTATE'S MOTION TO PRECLUDE T ESTIMONY; ALLSTATE'S MOTION TO BAR AND EXCLUDE EVIDENCE; ALLSTATE'S MOTION TO BAR EVIDENCE; ALLSTATE'S MOTION TO BAR AND PRECLUDE EVIDENCE; ALLSTATE'S MOTION TO SEQUESTER; ALLSTATE'S MOTION TO BAR AND EXCLUDE REFERENCES; ALLS TATE'S MOTION TO BAR AND EXCLUDE; ALLSTATE'S MOTION TO PRECLUDE PLAINTIFFS; ALLSTATE'S MOTION TO PRECLUDE PLAINTIFFS FROM ARGUING; ALLSTATE'S MOTION TO RENEW ITS MOTIONS; ALLSTATE'S MOTION TO MODIFY STATEMENT; PLAINTIFFS' ; RENEWED MOTION IN LIMINE TO COMPEL; PLAINTIFFS' RENEWED MOTION TO PRECLUDE TESTIMONY; AND PLAINTIFFS' MOTION TO AMEND. THE FOLLOWING MOTIONS ARE DENIED AS MOOT, ALLSTATE'S MOTION TO DISMISS; DEFENDANT EDWARD M. LIDDY'S MOTION TO DISMISS; ALLSTATE'S MOTION FOR LEAVE TO FILE REPLY BRIEFS; AND PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/16. 1/28/16 ENTERED AND COPIES MAILED, E-MAILED. (ti, )

Jan. 28, 2016

Jan. 28, 2016

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 27, 2001

Closing Date: Oct. 31, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The EEOC filed this suit, though the case was consolidated with those brought by private plaintiffs who were agents at Allstate.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Allstate Insurance Corporation (Northbrook), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Retaliation

Discrimination-area:

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

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

National origin discrimination

Race discrimination

Religion discrimination

Sex discrimination

EEOC-centric:

Direct Suit on Merits

Private Suit Related / Consolidated with EEOC Suit