Case: EEOC v. ARMSTRONG WORLD INDUSTRIES, INC.

1:99-cv-07829 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 2, 1999

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In December 1999, the Chicago Office of the EEOC filed this lawsuit against Armstrong World Industries, Inc. in the U.S. District Court for the Northern District of Illinois. We do not have a copy of the complaint; therefore the exact allegations involved are unknown. However, it appears from the Opinion that the complaint alleged the defendant failed to promote the complainant to a plant manager position from her floating manager position based upon her sex, female. In February 2000, the defendant successfully motioned for a change of venue, transferring the lawsuit to the U.S. District Court for the Central District of Illinois. Following some hearings and discovery, the defendant's motion for summary judgment was granted in February 2002 when plaintiff failed to show defendant did not, at the time of its promotion decision, honestly believe the reason given for not interviewing and not promoting the complainant.

Summary Authors

David Friedman (11/26/2007)

People


Judge(s)

Bernthal, David G. (Illinois)

Guzman, Ronald A. (Illinois)

McCuskey, Michael Patrick (Illinois)

Attorneys(s) for Plaintiff

Carson, June Wallace (Illinois)

Hendrickson, John C. (Illinois)

Kamp, Jean P. (Illinois)

Spence, Keith L (Illinois)

Attorneys(s) for Defendant

Berner, Eileen B (Illinois)

Gelb, Aaron R. (Illinois)

Jepson, Edward C. Jr. (Illinois)

Judge(s)

Bernthal, David G. (Illinois)

Guzman, Ronald A. (Illinois)

McCuskey, Michael Patrick (Illinois)

Attorneys(s) for Plaintiff

Carson, June Wallace (Illinois)

Hendrickson, John C. (Illinois)

Kamp, Jean P. (Illinois)

Spence, Keith L (Illinois)

Attorneys(s) for Defendant

Berner, Eileen B (Illinois)

Gelb, Aaron R. (Illinois)

Jepson, Edward C. Jr. (Illinois)

Documents in the Clearinghouse

Document

Docket

EEOC v. Armstrong World Industries, Inc.

June 20, 2000 Docket

Docket [Transferred]

EEOC v. Armstrong World Industries, Inc.

U.S. District Court for the Central District of Illinois

June 2, 2003 Docket
27

Opinion

EEOC v. Armstrong World Industries, Inc.

U.S. District Court for the Central District of Illinois

185 F.Supp.2d 932

Feb. 15, 2002 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT (no summonses issued). Case referred to Mag. Judge David G. Bernthal (SK, ilcd) (Entered: 06/13/2000)

Dec. 3, 1999
6

ANSWER by defendant Armstrong World Ind; jury demand (SK, ilcd) (Entered: 06/13/2000)

Feb. 1, 2000

ORIGINAL FILE, certified copy of transfer order, and docket sheet received from NDIL (case #99-CV-7829); document #s 2-5, 7, 8 and 9 received; docket mailed to all counsel advising of new case number for Danville/Urbana Division is 00-2157. Case referred to Mag. Judge David G. Bernthal (SK, ilcd) (Entered: 06/13/2000)

June 12, 2000
10

ORDER by Mag. Judge David G. Bernthal. Rule 16 Scheduling Conference set for 7/19/00 at 1:45 pm before U S District Judge Michael P McCuskey and U S Magistrate Judge David G Bernthal at the U S Courthouse, 201 S Vine, Urbana, IL. (cc: all counsel w/R16 handouts) (SK, ilcd) (Entered: 06/16/2000)

June 16, 2000
11

PROPOSED DISCOVERY PLAN filed by plaintiff EEOC, defendant Armstrong World Ind (MT, ilcd) (Entered: 07/11/2000)

July 11, 2000

MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Pursuant to Atty Jepson and Atty Spence's request, the Rule 16 conference scheduled for 7/19/00 at 1:45 will be converted from personal appearance to telephone. The Court will initiate the call. All other directives in this Court's 6/16/00 Order remain in force. All counsel notified by telephone this date. (cc: all counsel) (SLJ, ilcd) (Entered: 07/14/2000)

July 14, 2000

MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held at 1:45 on 7/19/00 before the Honorable Michael P. McCuskey and the Honorable David G. Bernthal. Appearance of pla by Keith Spence and Jean Kamp. Appearance of dft by Eileen Berner. Court approved Parties proposed discovery plan. Discovery deadlines and hearing dates set. Estimated length of jury trial is 5 days. Option to consent to Magistrate Judge offered. Alternative dispute resolution discussed. Written Order incorporating deadlines and hearing dates to be entered. (cc: all counsel) (SLJ, ilcd) (Entered: 07/19/2000)

July 19, 2000
12

DISCOVERY ORDER entered by Mag. Judge David G. Bernthal. The ddl for amendment of pleadings and joining additional parties is 11/1/00. Pla to disclose experts and provide expert reports by 12/1/00. Pla to make any such experts available for deposition by 2/1/00. Dft to disclose experts and provide expert reports by 1/5/01. Dft to make any such experts available for deposition by 2/1/01. Discovery is limited as follows: (a) A maximum of 25 interrogatories by each party to any other party. (b) A maximum of 10 depositions by pla and 10 by dft. All discovery, including deposition of experts, to be completed by 2/1/01 . The ddl for filing case dispositive motions is 2/8/01 . Responses thereto shall be filed by 3/2/01, and replies by 3/16/01. This matter is scheduled for final pretrial conference at 4:00 on 8/17/01 by personal appearance and set for jury selection and jury trial at 9:30 on 8/27/01 before the Honorable Michael P. McCuskey sitting in Urbana. Case is Number 5 on the Court calendar. (cc: all counsel) (SLJ, ilcd) (Entered: 07/21/2000)

July 21, 2000
13

MOTION by defendant Armstrong World Ind to extend dates in discovery order (SLJ, ilcd) (Entered: 01/12/2001)

Jan. 12, 2001

MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A motion hearing regarding the pending Defendant's Motion to extend dates in discovery order [13-1] is scheduled at 9:30 1/31/01 by telephone conference call. The Court will initiate the call. (cc: all counsel) (SLJ, ilcd) (Entered: 01/16/2001)

Jan. 16, 2001

MINUTE-ENTRY: by Mag. Judge David G. Bernthal; hearing held re dft's motion to extend dates in discovery order [13-1] with no appearance by pla and with appearance by atty Edward C Jepson Jr for dft. Court grants motion to extend dates in discovery order [13-1]. Discovery ddl extended to 5/1/01 and motion filing ddl for filing case dispositive motions extended to 5/8/01 . Atty Jepson advised of settlement conference options (cc: all counsel). (KM, ilcd) (Entered: 01/31/2001)

Jan. 31, 2001
14

MOTION by defendant Armstrong World Ind to extend time for filing dispositive motions until 5/22/01 . (KM, ilcd) (Entered: 04/24/2001)

April 24, 2001

ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time for filing dispositive motions until 5/22/01 [14-1]; Mtn filing ddl extended to 5/22/01 (cc: all counsel). (KM, ilcd) (Entered: 04/30/2001)

April 30, 2001
15

ATTORNEY APPEARANCE of Aaron R Gelb for defendant (KW, ilcd) (Entered: 05/22/2001)

May 22, 2001
16

MOTION by defendant for summary judgment (KW, ilcd) (Entered: 05/22/2001)

May 22, 2001
17

MEMORANDUM IN SUPPORT of motion for summary judgment [16-1] by defendant (KW, ilcd) (Entered: 05/22/2001)

May 22, 2001
18

STATEMENT OF FACTS ( undispute) by defendant in support of motion for summary judgment [16-1] (KW, ilcd) (Entered: 05/22/2001)

May 22, 2001
19

UNOPPOSED MOTION by plaintiff EEOC to extend time for additional 14 days to file its response to dft's motion for summary judgment (KM, ilcd) (Entered: 06/05/2001)

June 5, 2001

ENDORSED ORDER on its face by Judge Michael P. McCuskey granting unopposed motion to extend time for additional 14 days to file its response to dft's motion for summary judgment [19-1]; response ddl re motion for summary judgment [16-1] reset to 6/26/01 (cc: all counsel). (KM, ilcd) (Entered: 06/06/2001)

June 6, 2001
20

MEMORANDUM IN OPPOSITION to motion for summary judgment [16-1] by plaintiff EEOC (KM, ilcd) (Entered: 06/27/2001)

June 26, 2001
21

RESPONSE by plaintiff EEOC to dft's statement of undisputed facts [18-1] (KM, ilcd) (Entered: 06/27/2001)

June 26, 2001
22

STATEMENT OF FACTS (undisputed) by plaintiff EEOC in support of memorandum in opposition to dft's motion for summary judgment [20-1] (KM, ilcd) (Entered: 06/27/2001)

June 26, 2001
24

RESPONSE by defendant Armstrong World Ind to Pla EEOC's Stmt of Additional Undisputed Facts [22-1] (SLJ, ilcd) (Entered: 07/06/2001)

July 6, 2001
25

REPLY by defendant Armstrong World Ind to response to motion for summary judgment [16-1] (MT, ilcd) (Entered: 07/06/2001)

July 6, 2001

MINUTE-ENTRY: by Judge Michael P. McCuskey. On the Court's own motion, the final pretrial conference set for 4:00, 8/17/01 and the jury trial set to begin at 9:30 on 8/27/01 are VACATED and will be reset pending ruling on the motion for summary judgment presently before the Court. (cc: all counsel) (SLJ, ilcd) (Entered: 07/11/2001)

July 11, 2001
26

LETTER to Judge McCuskey with attachments. (KM, ilcd) (Entered: 10/10/2001)

Oct. 9, 2001
27

ORDER by Judge Michael P. McCuskey granting motion for summary judgment [16-1]. Judgment is entered in favor of dft and against pla. Case terminated. The parties shall be responsible for their own court costs. See written Order (cc: all counsel). (KM, ilcd) (Entered: 02/15/2002)

Feb. 15, 2002
28

JUDGMENT in a civil case entered (cc: all counsel) (KM, ilcd) (Entered: 02/15/2002)

Feb. 15, 2002

ARCHIVES FILE sent to FRC, Chicago on 05/23/03, Accession No. 021 03 0128 Box No. 29 of 44 Location 791324 - 791367 (MT, ilcd) (Entered: 06/03/2003)

June 2, 2003

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 2, 1999

Closing Date: 2002

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

Armstrong World Industries, Inc. (Kankakee, IL), 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

Retaliation

Discrimination-area:

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits