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 attorneys, see: https://www.courtlistener.com/docket/5138899/parties/eeoc-v-allstate-insurance/


Judge(s)
Attorney for Plaintiff

Acosta, Marisel (Pennsylvania)

Becker, Lily G. (Pennsylvania)

BELLI, ANDREW J. (Pennsylvania)

Attorney for Defendant

AUDET, WILLIAM M. (Pennsylvania)

Bellacosa, Peter A. (New York)

Expert/Monitor/Master/Other
Attorney for Plaintiff

Acosta, Marisel (Pennsylvania)

Becker, Lily G. (Pennsylvania)

BELLI, ANDREW J. (Pennsylvania)

Berman, Matthew (New York)

BERMAN, STEVE W. (Pennsylvania)

BODNER, BRUCE (Pennsylvania)

Coler, Susan M (Minnesota)

COUSOUNIS, JAMES P. (Pennsylvania)

DAVIS, MICHAEL L. (Pennsylvania)

Edge, Dawn M (Pennsylvania)

Ercole, Brian M. (Florida)

Flores, Iris Santiago (Pennsylvania)

FRIEDMAN, SUSAN R. (Pennsylvania)

GIRIFALCO, SANDRA A. (Pennsylvania)

Gold, Sidney L. (Pennsylvania)

Gorbey, Jaqueline (Pennsylvania)

Gorman, John V. (Pennsylvania)

GREGONLINE, LEONARD (Pennsylvania)

Griffiths, Bruce V. (New Jersey)

HATTAWAY, RAYMOND (Pennsylvania)

HOGAN, JOHN (Pennsylvania)

HOGAN, WILLIAM (Pennsylvania)

Johnson, Robert G. (Missouri)

JR., DAVID W. (Pennsylvania)

Kane, Sara W. (New York)

KARLAN, DENNIS (Pennsylvania)

KAUFMAN, HOWARD J. (Pennsylvania)

Lieder, Michael D. (District of Columbia)

Marston, David W Jr. (Pennsylvania)

MATTINGLY, DONALD (Pennsylvania)

MCCRARY, DONALD (Pennsylvania)

Meehan, Coleen M. (Pennsylvania)

METCALFE, PHILLIP N. (Pennsylvania)

Miller, C. Felix (Missouri)

MILLER, CARL FELIX (Pennsylvania)

MORGAN, JOYCE (Pennsylvania)

MORGAN, JAMES (Pennsylvania)

MUNLEY, JAMES C. (Pennsylvania)

MURTHA, WILLIAM (Pennsylvania)

MYERS, MICHAEL DAVID (Pennsylvania)

Osborne, Thomas W. (District of Columbia)

Postol, Lawrence P. (Pennsylvania)

PURTLE, BRIAN (Pennsylvania)

Quinn, William P. Jr. (Pennsylvania)

QUINN, KEVIN C. (Pennsylvania)

RANDAZZO, CHARLES (Pennsylvania)

RESNER, EDWARD (Pennsylvania)

RIGGINS, DONALD (Pennsylvania)

RODRIGUEZ, LISA J. (Pennsylvania)

Roney, K. Catherine (Pennsylvania)

SCHNEIDER, THOMAS (Pennsylvania)

SEEGER, CHRISTOPHER A. (Pennsylvania)

Signorille, Mary E. (District of Columbia)

SOWARD, LYNN (Pennsylvania)

SPEARS, ARTHUR SPEARS (Pennsylvania)

STAVOLA, NICHOLAS (Pennsylvania)

SULLIVAN, BRIEN (Pennsylvania)

SULLIVAN, CHRISTOPHER (Pennsylvania)

SUTTER, ROBERT (Pennsylvania)

TARRIER, WILLIAM (Pennsylvania)

VALENTE, MICHAEL (Pennsylvania)

Valli, Robert J (New York)

Walsh, James P. (Pennsylvania)

WATKINS, RUBY (Pennsylvania)

WEAVER, GARY (Pennsylvania)

Weller, Paul D. (Pennsylvania)

Wilson, Michael (District of Columbia)

Wolf, Daniel (District of Columbia)

WOLGEMUTH, KIRK L. (Pennsylvania)

Zevnik, Paul A. (Pennsylvania)

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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

2:01-cv-03894

Docket [PACER - Consolidated Case]

Romero v. Allstate

Oct. 31, 2018

Oct. 31, 2018

Docket

2:15-cv-03047

Docket

Anzivine v. Allstate Insurance Company

Oct. 31, 2018

Oct. 31, 2018

Docket
134

2:01-cv-03894

Memorandum and Order

Romero v. Allstate Insurance Company

March 30, 2004

March 30, 2004

Order/Opinion

2004 WL 692231

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

Docket

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

Last updated Dec. 20, 2024, 4:08 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. No filing fee. (mic) Modified on 01/03/2002 (Entered: 12/31/2001)

Dec. 27, 2001

Dec. 27, 2001

PACER

Special Case Management Track. (mic)

Dec. 27, 2001

Dec. 27, 2001

PACER

Demand for jury trial by PLAINTIFF E.E.O.C. (mic)

Dec. 27, 2001

Dec. 27, 2001

PACER

Summons(es) issued Forwarded to: Counsel 01/02/02/am (mic)

Dec. 27, 2001

Dec. 27, 2001

PACER

JOINT MOTION by DEFENDANT ALLSTATE INSURANCE, MOVANT GEORGE R. ROMERO, et al TO CONSOLIDATE CASES, MEMORANDUM, CERTIFICATE OF SERVICE. (SEE PAPER NO. 29 IN 01-CV-3894). (rv) Modified on 01/02/2002

Dec. 28, 2001

Dec. 28, 2001

PACER
2

First Amended Complaint by PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (mbh) (Entered: 02/05/2002)

Feb. 4, 2002

Feb. 4, 2002

PACER
3

ORDER THAT THE JOINT MOTION TO CONSOLIDATE IS GRANTED ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/6/02 ENTERED AND COPIES MAILED AND FAXED. (mbh) (Entered: 02/06/2002)

Feb. 6, 2002

Feb. 6, 2002

PACER
4

MOTION by DEFENDANT ALLSTATE INSURANCE COMPANY TO DISMISS FIRST AMENDED COMPLAINT, CERTIFICATE OF SERVICE. (mbh) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

PACER
5

Affidavit of: BILL TONER re: served summons and complaint upon Nancy Armstrong on behalf of DEFENDANT ALLSTATE INSURANCE COMPANY. Served by: Personal Service on 2/7/02. (mbh) (Entered: 02/12/2002)

Feb. 11, 2002

Feb. 11, 2002

PACER

Consolidated Member Case. Lead Case Number: 01 cv 7042. (mbh)

Feb. 20, 2002

Feb. 20, 2002

PACER

Memorandum by PLAINTIFF E.E.O.C. in opposition to DEFENDANT'S MOTION TO DISMISS, Certificate of Service. (rv)

Feb. 25, 2002

Feb. 25, 2002

PACER
6

MEMORANDUM AND ORDER THAT ALLSTATE'S MOTIONS TO DISMISS ARE DENIED WITHOUT PREJUDICE TO A PROPERLY SUPPORTED MOTION FOR SUMMARY JUDGMENT IF APPROPRIATE. THE MOTION OF DEFENDANT EDWARD M. LIDDY TO DISMISS FOR LACK OF PERSONAL JURISDICTION IS DENIED WITHOUT PREJUDICE ( SIGNED BY JUDGE JOHN P. FULLAM ) 3/1/02 ENTERED AND COPIES MAILED AND FAXED. (mbh) (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
7

Answer to Complaint by DEFENDANT ALLSTATE INSURANCE COMPANY, Certificate of Service. (mbh) (Entered: 03/12/2002)

March 11, 2002

March 11, 2002

PACER

ISSUE JOINED. (mbh)

March 11, 2002

March 11, 2002

PACER

Appearance of IRIS SANTIAGO-FLORES for PLAINTIFF E.E.O.C., Withdrawal of Appearance of Bruce V. Griffith for PLAINTIFF, Certificate of Service. (cdd)

July 19, 2002

July 19, 2002

PACER

Memorandum by PLAINTIFF E.E.O.C. in support of THE ROMERO PLAINTIFFS' MOTION TO DISMISS DEFENDANT ALLSTATE'S COUNTERCLAIMS, Certificate of Service. (See paper no. 55 in 01-cv-3894). (rv)

Aug. 7, 2002

Aug. 7, 2002

PACER
8

STIPULATION AND PROTECTIVE ORDER RE: GOVERNING PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION ( SIGNED BY JUDGE JOHN P. FULLAM ) 9/27/02 ENTERED AND COPY MAILED TO R. JOHNSON. (cdd) (Entered: 09/27/2002)

Sept. 26, 2002

Sept. 26, 2002

PACER

Certain documents governed by Protective Order, see paper #8. (cdd)

Sept. 26, 2002

Sept. 26, 2002

PACER

JOINT MOTION by DEFENDANT ALLSTATE INSURANCE, MOVANT GEORGE R. ROMERO, et al TO EXTEND CLASS CERTIFICATION BRIEFING SCHEDULE BY 7 DAYS, CERTIFICATE OF SERVICE. (SEE PAPER NO. 80 IN 01-CV-3894). (rv)

Feb. 7, 2003

Feb. 7, 2003

PACER
9

ORDER THAT UPON CONSIDERATION OF THE PARTIES' JOINT MOTION TO EXTEND CLASS CERTIFICATION BRIEFING SCHEDULE BY 7 DAYS, IT IS HEREBY ORDERED THAT: THE PARTIES SHALL SUBMIT THEIR FINAL CLASS CERTIFICATION BRIEFS ON OR BEFORE 2/25/03 ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/12/03 ENTERED AND COPIES MAILED. (cdd) (Entered: 02/12/2003)

Feb. 11, 2003

Feb. 11, 2003

PACER

Memorandum by PLAINTIFF E.E.O.C. in support of Class Certification, Certificate of Service. (original paper filed in 01-3894) (cdd)

March 12, 2003

March 12, 2003

PACER
10

Document filed under seal. Appendix of Exhibits in Support of Defendant's Motion for Summary Judgment. (cdd) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

PACER
11

MOTION by DEFENDANT ALLSTATE INSURANCE FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE. (cdd) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

PACER
16

MOTION by PLAINTIFF E.E.O.C. FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY, MEMORANDUM, CERTIFICATE OF SERVICE. (see 01-3894) (cdd) Modified on 05/02/2003 Additional attachment(s) added on 5/27/2003 (fh, ). (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

PACER

Document filed under seal pursuant to Protective Order. Appendix of Exhibits in Support of Plaintiff's Motion for Partial Summary Judgment as to Liability. (see 01-3894) (cdd) Modified on 05/02/2003

May 2, 2003

May 2, 2003

PACER
14

STIPULATION & ORDER THAT THE DEADLINE FOR PLAINTIFF'S RESPONSE TO DEFENDANT ALLSTATE'S MOTION FOR SUMMARY JUDGMENT IS EXTENDED TO 5/16/03. ( SIGNED BY JUDGE JOHN P. FULLAM ) 5/8/03 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

PACER
15

STIPULATION AND ORDER THAT DEFENDANT ALLSTATE INSURANCE COMPANY SHALL HAVE UNTIL AND INCLUDING 6/2/03 TO FILE ITS RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY, ETC. ( SIGNED BY JUDGE JOHN P. FULLAM ) 5/16/03 ENTERED AND COPIES MAILED FAXED. (cdd) Additional attachment(s) added on 5/27/2003 (fh, ). (Entered: 05/16/2003)

May 15, 2003

May 15, 2003

PACER

Memorandum by PLAINTIFF E.E.O.C. in opposition to Defendant's MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (cdd)

May 16, 2003

May 16, 2003

PACER
17

MOTION BY JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS-KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON FOR PARTIAL SUMMARU JUDGMENT AS TO COUNTS I AND IV, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE. (ORIGINAL PLEADING FILED IN 01-CV-3894, PAPER NO. 93).(rv, ) (Entered: 05/27/2003)

May 23, 2003

May 23, 2003

PACER
18

RESPONSE filed by ALLSTATE INSURANCE COMPANY to EEOC's MOTION FOR PARTIAL SUMMARY JUDGMENT, Certificate of Service. (cdd, ) (Entered: 06/03/2003)

June 2, 2003

June 2, 2003

PACER
19

Reply Memorandum in Support filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION to Its Motion for Partial Summary Judgment as to Liability, Certificate of Service. (cdd, ) Additional attachment(s) added on 6/16/2003 (ldb, ). (Entered: 06/13/2003)

June 13, 2003

June 13, 2003

PACER
20

REPLY filed by ALLSTATE INSURANCE COMPANY to Plaintiff Equal Employment Opportunity Commission's Response to AllState's Motion For Summary Judgment, Certificate of Service. (cdd, ) (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

PACER
21

MOTION FILED BY ALLSTATE INSURANCE COMPANY FOR PROTECTIVE ORDER AND STAY OF DISCOVERY SUBJECT TO THE DISPOSITION OF PENDING MOTIONS FOR CLASS CERTIFICATION AND SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (see original document, paper #101, in 01-3894)(cdd, ) Additional attachment(s) added on 6/24/2003 (ldb, ). (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

PACER
22

Praecipe by ALLSTATE INSURANCE COMPANY to Substitute Table of Authorities to Defendants' Response to Romero Plaintiffs' Motion for Partial Summary Judgment, Certificate of Service.(cdd, ) (Entered: 06/27/2003)

June 26, 2003

June 26, 2003

PACER
23

Praecipe by ALLSTATE INSURANCE COMPANY to Attach the Certification of Compliance with Local Rule 26.1(f) to DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY SUBJECT TO DISPOSITION OF PENDING MOTIONS FOR CLASS CERTIFICATION AND SUMMARY JUDGMENT, Certificate of Service (rv, ) Additional attachment(s) added on 7/15/2003 (ldb, ). (Entered: 07/03/2003)

July 3, 2003

July 3, 2003

PACER
24

Memorandum filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION in Opposition to Defendants' Motion for Protective Order and Stay of Discovery, Certificate of Service. (see original document, paper #107, in 01-3894) (cdd, ) (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

PACER
25

Plaintiff'S Reply to Defendants' Consolidated Response to Plaintiffs' Motion to Compel Discovery and Request for Reference of Discovery to Magistrate Judge and Reply to Plaintiff's Opposition to Defendants' Motion for Protective Order and Stay of Discovery filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (See 01-3894, Paper No. 112). (ar, ) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

PACER
26

NOTICE of Hearing:HEARING ON PENDING MOTIONS SET FOR 9/15/2003, 10:00 A.M. IN COURTROOM 15-A BEFORE THE HONORABLE JOHN P. FULLAM. (rbh) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

PACER
27

Memorandum filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION in Opposition to Defendants' Motion for Summary Judgment as to Released Claims, Certificate of Service. (see original document, paper #119, in 01-3894) (cdd, ) (Entered: 09/05/2003)

Sept. 5, 2003

Sept. 5, 2003

PACER
28

Minute Entry for proceedings held before Judge JOHN P. FULLAM : Motions Hearing held on 9/15/03, Court Reporter: ESR. Counsel for parties address court RE: various Motions. CAV (cdd, ) (Entered: 09/16/2003)

Sept. 15, 2003

Sept. 15, 2003

PACER
29

TRANSCRIPT of Motion Hearing held on 9/15/03 before Judge JOHN P. FULLAM. Court Reporter: C. Sampson. (ORIGINAL PLEADING FILED IN CASE NO. 01-3894, PAPER NO. 7042). (rv, ) (Entered: 09/23/2003)

Sept. 22, 2003

Sept. 22, 2003

PACER
30

MEMORANDUM AND ORDER THAT CIVIL ACTION NO. 01-6764 IS DISMISSED WITH PREJUDICE. IN ALL OTHER RESPECTS, DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED. THE MOTIONS FOR SUMMARY JUDGMENT FILED BY PLAINTIFFS IN CIVIL ACITON NO. 01-3894 AND CIVIL ACTION 01-7042 ARE GRANTED. TO THE EXTENT OF THE DECLARATORY JUDGMENT BEING ENTERED AS A SEPARATE DOCUMENT. PLAINTIFFS' MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM IS GRANTED. DEFENDANT'S COUNTERCLAIM IS DISMISSED WITH PREJUDICE. DEFENDANT'S MOTION FOR LEAVE TO FILE AN AMENDED COUNTERCLAIM IS DISMISSED AS MOOT. EXCEPT AS SET FORTH IN THIS ORDER, ALL PENDING MOTIONS ARE DISMISSED. . SIGNED BY JUDGE JOHN P. FULLAM ON 3/30/04. 3/31/04 ENTERED AND COPIES MAILED AND FAXED. (SEE CASE 01-3894, PAPER #134)(mar, ) (Entered: 03/31/2004)

March 30, 2004

March 30, 2004

PACER
31

ORDER OF DECLARATORY JUDGMENT THAT THE RELEASES SIGNED BY THE FORMER EMPLOYEE-AGENTS OF ALLSTTE INSURANCE COMPANY PURSUANT TO THE "PREPARING FOR THE FUTURE" REORGANIZATION PLAN ARE VOIDABLE AT THE OPTION OF THE PERSONS WHO SIGNED THE RELEASES, ETC. (SEE CASE #01-3894, PAPER #135). SIGNED BY JUDGE JOHN P. FULLAM ON 3/30/04. 3/31/04 ENTERED AND COPIES MAILED.(mar, ) (Entered: 03/31/2004)

March 30, 2004

March 30, 2004

PACER
32

MOTION FOR CLARIFICATION OR IN THE ALTERNATIVE, RECONSIDERATION OF THE ORDER OF 03/30/04 AND TO AMEND DECLARATORY JUDGMENT FILED BY PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 Memorandum# 2 Proposed Order) (SANTIAGO-FLORES, IRIS) Modified on 4/15/2004 (np). (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

PACER
33

Request for a Status Conference and Scheduling Order filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(SANTIAGO-FLORES, IRIS) Modified on 4/15/2004 (np). (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

PACER
34

RESPONSE filed by ALLSTATE INSURANCE COMPANY to Plaintiff Equal Employment Opportunity Commission's Motion for Clarification or Reconsideration. (cdd, ) Additional attachment(s) added on 5/3/2004 (cdd, ). (Entered: 04/29/2004)

April 28, 2004

April 28, 2004

PACER
35

PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION'S Reply Memorandum in Support of its 32 MOTION for Clarification or in the Alternative Reconsideration of the Order of March 30, 2004 and to Amend Declaratory Judgment, Certificate of Service. (SANTIAGO-FLORES, IRIS) Modified on 5/7/2004 (fh) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

PACER
36

DEFENDANT'S MOTION FOR LEAVE TO FILE A SURREPLY TO PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION'S MOTION FOR CLARIFICATION OR RECONSIDERATION FILED BY ALLSTATE INSURANCE COMPANY,CERTIFICATE OF SERVICE. (SURREPLY ATTACHED) (Attachments: # 1 Certificate of Service# 2 Exhibit 1 - Surreply)(ac, ) (Entered: 05/12/2004)

May 11, 2004

May 11, 2004

PACER
37

Substitution of Counsel Attorney filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (EDGE, DAWN) Modified on 10/19/2004 (np). (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
38

ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE SURREPLY TO EEOC'S MOTION FOR CLARIFICATION OR RECONSIDERATION IS GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 3/11/2005. 3/11/2005 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.(mbh, ) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

PACER
39

Surreply to Plaintiff's Motion for Clarification or Reconsideration filed by DEFENDANT ALLSTATE INSURANCE COMPANY. (mbh, ) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

PACER
40

NOTICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION of Supplemental Authority in Further Support of Plaintiffs' Motion for Reconsideration, Certificate of Service. (SANTIAGO-FLORES, IRIS) Modified on 4/18/2005 (np). (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

PACER
41

Withdrawal of Attorney Dawn M. Edge with Entry of Appearance of Iris Santiago-Flores filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (SANTIAGO-FLORES, IRIS) Modified on 10/7/2005 (np). (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
42

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FILED BYALLSTATE INSURANCE COMPANY,MEMORANDUM, CERTIFICATE OF SERVICE. (SEE 01-3894, PAPER NO. 148) (Attachments: # 1 Memorandum# 2 Certificate of Service# 3 Proposed Order)(ac, ) (Entered: 12/08/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
43

Praecipe to substitute filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, declaration, certificate of service. (See Case 01-3894, Paper #149) (mac, ) (Entered: 12/09/2005)

Dec. 8, 2005

Dec. 8, 2005

PACER
44

STIPULATION AND ORDER THAT PLAINTIFFS IN CIVIL ACTION 01-3894 AND PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION IN CIVIL ATION NO. 01-7042 SHALL HAVE UNTIL FRIDAY, JANUARY 6, 2006, TO FILE THEIR RESPECTIVE MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSTION TO DEFENDANTS' MOTIO FOR SUMMARY JUDGMENT. SIGNED BY JUDGE JOHN P. FULLAM ON 12/19/05. 12/19/05 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS.(ac, ) Additional attachment(s) added on 12/22/2005 (ac, ). (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
45

Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (See 01-3894, Paper No. 154) (FILED UNDER SEAL) (ac, ) (Entered: 01/09/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
46

Declaration of Mark A. Amadeo (See 01-3894, Paper No. 155) (FILED UNDER SEAL). (ac, ) (Entered: 01/09/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
47

Defendant's Consolidated Reply to Plaintiff's and EEOC's Opposition to Defendants' Motion for Summary Judgment filed by ALLSTATE INSURANCE COMPANY, Certificate of Service.(See Case 01-3894, Paper #156) (mac, ) (Entered: 02/03/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
48

ORDER THAT THE MOTION FOR LEAVE TO FILE A MEMORANDUM RESPONDING TO THE NEW ARGUMENTS ADVANCED FOR THE FIRST TIME IN THE CONSOLIDATED REPLY IS GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 02/22/06 2/23/06 ENTERED AND COPIES MAILED AND FAXED.(mac, ) (Entered: 02/23/2006)

Feb. 22, 2006

Feb. 22, 2006

PACER
49

MOTION for Leave to File Memorandum in Response to Defendants' Consolidated Reply filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Memorandum in Support with Certificate of Service. (Attachments: # 1 Memorandum in Support# 2 Proposed Order# 3 Exhibit A--Plaintiff EEOC's Memorandum Responding to Defendant's New Arguments in its Consolidated Reply)(SANTIAGO-FLORES, IRIS) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
50

ORDER THAT THE MOTION FOR LEAVE TO FILE A MEMORANDUM RESPONDING TO THE NEW ARGUMENTS ADVANCED FOR THE FIRST TIME IN THE CONSOLIDATED REPLY IS GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 6/12/06.6/13/06 ENTERED AND COPIES MAILED AND FAXED. (mac, ) (Entered: 06/13/2006)

June 12, 2006

June 12, 2006

PACER
51

Memorandum responding to Defendants' new arguments in its consolidated reply filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, certificate of service. (mac, ) (Entered: 06/14/2006)

June 12, 2006

June 12, 2006

PACER
52

Defts' Opposition to Plffs' Motion to Compel Discovery and Request for Referral of Discovery Matters to a Magistrate Judge by ALLSTATE INSURANCE COMPANY, Cert of Serv. (See paper #165 in 01-3894) (Attachments: # 1) (jmp, ) (Entered: 08/01/2006)

July 31, 2006

July 31, 2006

PACER
53

NOTICE by ALLSTATE INSURANCE COMPANY Defendant's Response to Plaintiffs' Notice of Supplemental Authority (MENAPACE, KATHERINE) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
54

ORDER THAT PLAINTIFFS' MOTION FOR RECONSIDERATION IN 01-3894, PLAINTIFFS' MOTION FOR CLARIFICATION OR IN THE ALTERNATIVE RECONSIDERATION OF THE ORDER OF MARCH 30, 2004 AND TO AMEND DECLARATORY JUDGMENT IN 01-7042 ARE DENIED. SIGNED BY JUDGE JOHN P. FULLAM ON 01/16/07.01/16/07 ENTERED AND COPIES E-MAILED, MAILED. COPIES FAXED BY CHAMBERS.(mac, ) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
55

Memorandum of Law in Support of MOTION for Approval of Proposed Class Notice to Release and Holdout Class and Request for Status Conference filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Memorandum in Support.(SANTIAGO-FLORES, IRIS) Modified on 3/14/2007 (np). (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

PACER
56

MEMORANDUM AND ORDER THAT COUNSEL MAY, WITHIN 20 DAYS, FILE MEMORANDA ADDRESSING ISSUES WHICH THIS COURT MAY HAVE OVERLOOKED IN REACHING THE TENTATIVE CONCLUSIONS EXPRESSED ABOVE, AND ADDITIONAL ARGUMENTS TENDING TO SHOW THAT THE SCOTT AND ISBELL COURT OF APPEALS DECISION WERE INCORRECT. ANY SUCH ADDITIONAL MEMORANDA SHOULD NOT EXCEED 10 PAGES IN LENGTH. SIGNED BY JUDGE JOHN P. FULLAM ON 03/21/07. 03/22/07 ENTERED AND COPIES MAILED, E-MAILED. COPIES FAXED BY CHAMBERS 03/21/07(mac, ) (Entered: 03/22/2007)

March 21, 2007

March 21, 2007

PACER
57

STIPULATION AND ORDER THAT BY AGREEMENT OF COUNSEL FOR THE PARTIES, DEFENDANTS SHALL HAVE UNTIL FRIDAY, APRIL 6, 2007, BY WHICH TO FILE THEIR RESPONSES TO PLAINTIFFS' MOTIONS. SIGNED BY JUDGE JOHN P. FULLAM ON 3/28/07. 3/29/07 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 7/20/2007 (mac, ). (Entered: 03/29/2007)

March 28, 2007

March 28, 2007

PACER
58

STIPULATION AND ORDER THAT THE PARTIES AGREE THAT THE ACTIONS THAT THE COURT TAKES PURSUANT TO THE MEMORANDUM AND ORDER MAY EFFECT ANY EVENTUAL RULING ON PLAINTIFFS' MOTIONS. ACCORDINGLY, THE PARTIES REQUEST THAT DEFENDANTS NOT BE REQUIRED TO MAKE ANY RESPONSE TO PLAINTIFFS' MOTIONS UNTIL AT LEAST TEN(10) DAYS AFTER THE COURT ENTERS A FORM OF ORDER THAT EFFECTUATES THE TENTATIVE RULINGS SET FORTH IN THE MEMORANDUM AND ORDER. NO RESPONSE TO PLAINTIFFS' MOTIONS NEED BE FILED UNTIL FURTHER ORDER OF THIS COURT. SIGNED BY JUDGE JOHN P. FULLAM ON 4/5/07. 4/6/07 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 5/23/2007 (nda, ). (Entered: 04/06/2007)

April 5, 2007

April 5, 2007

PACER
59

Memorandum filed by Defendants in Response to Court's March 21, 2007 Memorandum and Order re 56 Order, by ALLSTATE INSURANCE COMPANY, CERTIFICATE OF SERVICE. (Attachments: # 1 Text of Proposed Order Proposed Memorandum and Order) (KATCHEN, KATHERINE) Modified on 4/11/2007 (afm, ). (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

PACER
60

Plaintiffs' Consolidated Memorandum submitted pursuant to the Court's Memorandum and Order dated March 21, 2007 filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, certificate of service. (FILED UNDER SEAL) (See case no. 01-3894, paper no. 178) (mac, ) (Entered: 04/11/2007)

April 10, 2007

April 10, 2007

PACER
61

MOTION to Withdraw as Attorney filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Certificate of Service.(SANTIAGO-FLORES, IRIS) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
62

ORDER THAT THE MOTION TO WITHDRAW ROBERT G. JOHNSON AS COUNSEL FOR PLAINTIFF IS GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 6/5/07.6/5/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS.(mac, ) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

PACER
63

ORDER THAT THE FOLLOWING MOTIONS ARE GRANTED: DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOCUMENTS NOS. 148 AND 150 IN 01-3894); PLAINTIFFS' MOTION FOR LEAVE TO FILE (DOCUMENTS NOS. 166 AND 179 IN 01-3894); DEFENDANTS' MOTION TO DISMISS (DOCUMENT NO. 29 IN 01-6764); DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCUMENT NO. 42 IN 01-7042). THE FOLLOWING MOTIONS ARE DENIED: DEFENDANTS' MOTION FOR ATTORNEY FEES (DOCUMENT NO. 21 IN 01-6764) PLAINTIFFS' MOTION FOR RECONSIDERATION OF DISMISSAL OF EMPLOYEE DEFINITION AMENDMENT CLAIM (DOCUMENT NO. 31 IN 01-6764). ALL OTHER PENDING MOTIONS ARE DISMISSED AS MOOT. COUNSEL MAY SUBMIT WITHIN 20 DAYS OF THE DATE OF THIS ORDER ANY ISSUES THAT MUST BE RESOLVED BEFORE THE CASE-FILES ARE CLOSED. SIGNED BY JUDGE JOHN P. FULLAM ON 06/20/07. 06/20/07 ENTERED AND COPIES MAILED, E-MAILED. COPIES FAXED BY CHAMBERS.(mac, ) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

PACER

NOTICE of Docketing Record on Appeal from USCA re : Notice of Appeal,, filed by DONALD L. TRGOVICH, JAMES T. BEVER, TIMOTHY WEISMAN, JAMES P. PILCHAK, CRAIG K. CREASE, PAUL R. COBB, LARRY H. LANKFORD, SR., THOMAS A. KEARNEY, DWIGHT ENGLISH, SYLVIA CREWS-KELLY, PAUL L. SHIRLEY, RONALD W. HARPER, CHRISTOPHER L. PERKINS, RICHARD S. WANDNER, RICHARD A. CARRIER, JAMES E. MOOREHEAD, JOHN W. WITTMAN, RICHARD E. PETERSON, MICHAEL P. KEARNEY, RALPH J. WOLVERTON, ANTHONY T. WIKTOR, DAVID C. LAWSON, GENE R. ROMERO, DOUGLAS F. GAFNER, REBECCA R. MASLOWSKI, NATHAN R. LITTLEJOHN, II, CRAIG A. MILLISON. USCA Case Number 07-4460. (See Case No. 01-3894) (mac, )

Nov. 30, 2007

Nov. 30, 2007

PACER
64

Disclosure Statement Form filed by ALLSTATE INSURANCE COMPANY, certificate of service. (See Case 01-3894, Paper No. 188)(mac, ) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
65

Disclosure Statement Form filed by THE ALLSTATE CORPORATION, certificate of service. (See Case 01-3894, Paper #189)(mac, ) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
66

NOTICE OF APPEAL as to 63 Order on Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Gov't Copies to Judge, Clerk USCA, Appeals Clerk and IRIS SANTIAGO FLORES, Certificate of Service. (SANTIAGO FLORES, IRIS) Modified on 1/14/2008 (nd). (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
67

Clerk's Notice to USCA re 66 Notice of Appeal, : (mac, ) (Additional attachment(s) added on 1/14/2008: # 1 Clerk's Notice) (mac, ). (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER

NOTICE of Docketing Record on Appeal from USCA re 66 Notice of Appeal, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. USCA Case Number 08-1122. (md)

Jan. 17, 2008

Jan. 17, 2008

PACER
68

Copy of TPO Form re 66 Notice of Appeal, : (ap, ) (Entered: 02/01/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER

Record Complete for Purposes of Appeal re 66 Notice of Appeal, (om, )

Feb. 11, 2008

Feb. 11, 2008

PACER
69

ORDER of USCA that by this Court that the Order of the District Court entered on June 20, 2007, be and the same is hereby VACATED and this matter is REMANDED for further proceedings. All of the above in accordance with the Opinion of this Court. Each party to bear its own costs. (ti, ) (Entered: 08/13/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
70

ORDER THAT THE CLERK RANDOMLY REASSIGN THE ABOVE ACTIONS FROM THE CALENDAR OF THE HONORABLE JOHN P. FULLAM TO ANOTHER JUDGE.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/28/2010. 1/29/2010 ENTERED AND COPIES MAILED, E-MAILED.(ap, ) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
71

ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE JOHN P. FULLAM TO HONORABLE RONALD L. BUCKWALTER FOR ALL FURTHER PROCEEDINGS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/29/2010. 1/29/2010 ENTERED AND COPIES MAILED, E-MAILED.(ap, ) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
72

ORDER THAT A STATUS CONFERENCE IS SCHEDULED FOR 2/17/2010 11:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE RONALD L. BUCKWALTER.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/9/2010. 2/9/2010 ENTERED AND COPIES MAILED, E-MAILED.(ap, ) (Entered: 02/09/2010)

Feb. 9, 2010

Feb. 9, 2010

PACER
73

Proposed Case Management Plan and Stipulation by ALLSTATE INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order)(KATCHEN, KATHERINE) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
74

CASE MANAGEMENT ORDER THAT PURSUANT TO THE STIPULATION OF THE PARTIES AND BASED UPON THE RECORD, THE COURT HEREBY ENTERS THE FOLLOWED OUTLINED HEREIN.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/10. 4/8/10 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

PACER
75

STIPULATION re 74 Order, re: extension of time to file motion to compel by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 6/11/2010 (nd, ). (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
76

STIPULATED ORDER THAT PARTIES MUST FILE ANY DISCOVERY MOTIONS CONCERNING PLAINTIFFS' DOCUMENT REQUESTS BY MONDAY, JUNE 14, 2010; THE PARTIES CONTINUE TO ENGAGE IN MEET AND CONFER EFFORTS IN AN ATTEMPT TO RESOLVE DEFENDANTS' DISCOVERY OBJECTIONS, AND THE PLAINTIFF SHALL HAVE UP TO AND INCLUDING JUNE 25, 2010 TO FILE A MOTION TO COMPEL WITH RESPECT TO THE PLAINTIFFS' DOCUMENT REQUESTS.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/14/2010. 6/15/2010 ENTERED AND COPIES MAILED AND E-MAILED.(kp, ) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
77

STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 7/23/2010 IN WHICH TO FILE THEIR OPPOSITION IN RESPONSE TO PLAINTIFFS' MOTION. PLAINTIFFS SHALL HAVE UNTIL 8/13/2010 IN WHICH TO FILE ANY REPLY BRIEF IN SUPPORT TO PLAINTIFFS' MOTION. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/19/10. 7/20/10 ENTERED AND COPIES MAILED, E-MAILED. (ti, ) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
78

Response in Opposition to Plaintiffs' Motion to Compel Documents Related to the Release in Accordance with the Court's April 7, 2010 Case Management Order by ALLSTATE INSURANCE COMPANY, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 Sealed, # 7 Exhibit 5 Sealed, # 8 Exhibit 6 Sealed, # 9 Exhibit 7 Sealed, # 10 Exhibit 8 Sealed, # 11 Exhibit 9 Sealed, # 12 Exhibit 10 Selaed, # 13 Exhibit 11 Sealed, # 14 Exhibit 12 Sealed, # 15 Exhibit 13 Sealed, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17 Sealed, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20) (KATCHEN, KATHERINE) Modified on 7/26/2010 (lisad, ). (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

PACER
79

STIPULATION AND ORDER THAT PLAINTIFFS SHALL HAVE UNTIL 11/10/10 TO FILE AN OPPOSITION BRIEF TO DEFENDANTS' MOTION TO STAY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/1/10. 11/2/10 ENTERED AND COPIES MAILED, E-MAILED. (ti, ) (Entered: 11/02/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER
80

STIPULATION AND ORDER FOR EXTENSION OF TIME WITH COURT APPROVAL SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/15/10. 11/16/10 ENTERED AND COPIES MAILED, E-MAILED. (ti, ) (Entered: 11/16/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
81

STIPULATION AND ORDER THAT BY 12/6/2010, MR. LIDDY SHALL PROVIDE SEPARATE, VERIFIED ANSWERS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES DIRECTED TO THE VALIDITY OF THE RELEASE; AND PLAINTIFFS VOLUNTARILY WITHDRAW, WITHOUT PREJUDICE TO RE-FILE AT A LATER DATE, IF NECESSARY, THEIR SECOND MOTION TO COMPEL 231 AS TO MR. LIDDY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/23/10. 11/23/10 ENTERED AND COPIES MAILED, E-MAILED. (ti, ) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
82

STIPULATION AND ORDER THAT ALLSTAE WILL SERVE ITS AMENDED AND SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS BY 12/7/2010. ALLSTATE'S SUPPLEMENTAL INTERROGATORY RESPONSES WILL TAKE PLACE ON 12/9/2010. BY 12/10/2010, PARTIES SHALL SUBMIT, IN WRITING, A JOINT STIPULATION AND ORDER CONCERNING THE SCHEDULE FOR ALLSTATE TO PRODUCE DOCUMENTS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/29/10. 11/29/10 ENTERED AND COPIES MAILED AND E-MAILED. (ti, ) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
83

MOTION for Pro Hac Vice of Jordan M. Heinz filed by ALLSTATE INSURANCE COMPANY.Certificate of Service.(KATCHEN, KATHERINE)(FEE PAID PPE035673) Modified on 1/18/2011 (kk, ). (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

PACER
84

MOTION for Pro Hac Vice of Erica Zolner filed by ALLSTATE INSURANCE COMPANY.Certificate of Service.(KATCHEN, KATHERINE) (FEE PAID PPE035673) (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

PACER
85

ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF ATTORNEY JORDAN M. HEINZ for ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/13/2011. 1/14/2011 ENTERED AND COPIES MAILED, E-MAILED.(kk, ) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Disability Rights

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):

Private Plaintiff

EEOC 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

Available 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/Misc.:

Retaliation

Discrimination Area:

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