Case: EEOC v. FOOT LOCKER SPECIALTY INC (f/k/a VENATOR GROUP SPECIALTY INC f/k/a F W WOOLWORTH CO INC)

1:99-cv-04758 | U.S. District Court for the Southern District of New York

Filed Date: July 1, 1999

Closed Date: Nov. 4, 2002

Clearinghouse coding complete

Case Summary

The New York Office of the EEOC filed this action in the District Court for the Southern District of New York. The Defendant was Foot Locker Specialty, Inc., a nationwide shoe and sporting apparel retailer. The controversy involved the alleged practice of the Defendant to fire workers over the age of 40 and subsequently replace them with younger workers. The lawsuit was filed in July 1999 and was resolved by consent decree in November 2002. The Defendant filed numerous motions for summary ju…

The New York Office of the EEOC filed this action in the District Court for the Southern District of New York. The Defendant was Foot Locker Specialty, Inc., a nationwide shoe and sporting apparel retailer. The controversy involved the alleged practice of the Defendant to fire workers over the age of 40 and subsequently replace them with younger workers. The lawsuit was filed in July 1999 and was resolved by consent decree in November 2002. The Defendant filed numerous motions for summary judgment and partial summary judgment, one of which was granted in part. However the court declined to grant the Defendant summary judgment based upon the statute of limitations, EEOC v. Venator Group, Specialty, Inc., 88 Fair Empl. Prac. Cas. (BNA) 157 (S.D.N.Y. 2002). The complainants were awarded $3.5 million. The decree was to last for three years, but just prior to the date when it was set to expire the court extended its reach, stating that the "Decree will not expire until the Court rules that the process has been completed with moneys disbursed in an equtable manner, and with any safeguards the Court deems necessary to assure the fairness of the distribution."

Summary Authors

Keri Livingston (7/7/2007)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment v. Foot Locker Specialt, et al

Nov. 10, 2005 Docket
105

Memorandum Order [Regarding Defendant's Motion for Summary Judgment]

EEOC v. Venator Group Specialty Inc

2002 WL 181709

Feb. 5, 2002 Order/Opinion
125

Consent Decree

EEOC v. Foot Locker Specialty Inc

Nov. 1, 2002 Settlement Agreement

EEOC Press Release

EEOC v. Foot Locker Specialty Inc

No Court

Nov. 15, 2002 Press Release

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ USA (jp) (Entered: 07/08/1999)

July 1, 1999

Magistrate Judge Kevin N. Fox is so Designated. (jp) (Entered: 07/08/1999)

July 1, 1999
2

INITIAL PRETRIAL CONFERNCE NOTICE; counsel are directed to appear in courtroom 14C at 500 Pearl Street on 9/27/99 at 4:15 p.m., for a pretrial conference with the Court for the purpose of discussing settlement, exploring contemplated motions, stipulating facts, narrowing issues, arranging a discovery schedule, and setting a date for trial. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 07/16/1999)

July 15, 1999
3

ANSWER to Complaint by Venator Group (Attorney Francis X. Dee). Received in the Office of the Clerk, U.S. District Court, SDNY, on 8/31/99. (jp) (Entered: 09/02/1999)

Sept. 2, 1999
4

RULE 1.9 CERTIFICATE filed by Venator Group (jp) (Entered: 09/02/1999)

Sept. 2, 1999
5

STIPULATION and ORDER, the time within which EEOC may serve its responses to deft's first request for production of documents and deft's first set of interrogatories to pltff, is extended to 11/3/00 . ( signed by Judge Allen G. Schwartz ) (sn) (Entered: 01/19/2000)

Jan. 18, 2000
6

STIPULATION and ORDER; that the time within which Venator Group may serve its responses to Plainitff's First Interrogatories to dft. Venator Group, Specialty, Inc. is extended to an including 12/17/99 ; plaintiff's First Request for Production of Documents to dft. Venator Group, Specialty, Inc.. be extended to and including 12/17/99 . ( signed by Judge Allen G. Schwartz ) (pl) (Entered: 01/19/2000)

Jan. 19, 2000

Deadline(s) updated: Pltff's request for production of documents of deft Venator Group, Speciality, Inc. due for 12/17/99 . (kg) (Entered: 01/20/2000)

Jan. 19, 2000
8

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 3/27/00 at 10:00 AM. (sn) (Entered: 07/10/2000)

July 10, 2000
9

NOTICE OF MOTION by Venator Group; for an order admitting pro hac vice Irving L. Hurwitz, Esq., as attny for deft, Venator Group Speciality, Inc. ; Return date not indicated. (lf) (Entered: 11/08/2000)

Nov. 6, 2000
10

AFFIDAVIT of Patrick G. Brady by Venator Group in support of [9-1] motion for an order admitting pro hac vice Irving L. Hurwitz, Esq., as attny for deft, Venator Group Speciality, Inc. . (lf) (Entered: 11/08/2000)

Nov. 6, 2000
11

AFFIDAVIT of Irving L. Hurwitz by Venator Group in support of [9-1] motion for an order admitting pro hac vice Irving L. Hurwitz, Esq., as attny for deft, Venator Group Speciality, Inc. (lf) (Entered: 11/08/2000)

Nov. 6, 2000
12

ORDER granting [9-1] motion for an order admitting pro hac vice Irving L. Hurwitz, Esq., as attny for deft, Venator Group Speciality, Inc. A copy of this Order shall be served upon counsel of record within 7 days from the date hereof . ( signed by Judge Allen G. Schwartz ); Copies mailed. (Forwarded to Attorney Admissions Clerk) (sn) (Entered: 11/13/2000)

Nov. 13, 2000
13

Supplemental AFFIDAVIT of Irving L Hurwitz by Venator Group in support of [9-1] motion for an order admitting pro hac vice Irving L. Hurwitz, Esq., as attny for deft, Venator Group Speciality, Inc. (djc) (Entered: 11/22/2000)

Nov. 21, 2000
14

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Disputes (signed by Judge Allen G. Schwartz ) Referred to Magistrate Judge Kevin Nathaniel Fox. (lam) (Entered: 11/30/2000)

Nov. 29, 2000
15

Memo-Endorsement on letter addressed to Judge Schwartz from Michael B. Ranis, dated 11/22/00; reset discovery due for 3/1/01 . ( signed by Judge Allen G. Schwartz ); Copies mailed. (pl) (Entered: 12/01/2000)

Nov. 30, 2000

Status Conference held before Magistrate Judge Kevin Nathaniel Fox. (kw) (Entered: 01/09/2001)

Dec. 15, 2000
16

ORDER, by 12/21/00, pltff shall serve reports of its two experts on liability; by 1/12/01, pltff shall serve reponses in full to deft's 3rd Set of Interrogatories to pltff; by 1/16/01, pltff shall serve all responses from individuals to deft's Written Questions, and Pltff shall not be permitted to pursue any claims on behalf of nay individual for whom responses to such Written Questions have not been served by that date; by 1/26/01, pltff shall serve its expert report on damages; by 2/1/01, deft shall serve its rebuttal expert reports on liability; by 2/13/01, deft shall serve its rebuttal expert report on damages; by 2/15/01, pltff shall serve any reply expert report to deft's rebuttal expert on liability on the issue of statistical analysis. The Court declines to rule at this time on the issue of whether pltff should be ordered to produce questionnaires, as well as the responses thereto, served by pltff on former employees of deft during 1999, pending the parties' attempts at informal resolution of this issue. If the parties cannot resolve this issue informally, either party may bring this issue to the Court's attention for resolution. ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (sac) (Entered: 01/08/2001)

Jan. 5, 2001
17

Letter filed by Equal Employment addressed to Mag. Judge Fox from Michael B. Ranis, dated 1/09/01, re: in response to the Court's Order received by the EEOC on 1/4/01; docket as per chambers. (lf) (Entered: 01/22/2001)

Jan. 22, 2001
18

Letter filed by Venator Group addressed to Mag. Judge Fox from Francis X. Dee, dated 1/16/01, re: in opposition to Pltff EEOC's 1/9/01 letter requesting that the Court reconsider that portion of the Order, dated 12/28/00 requiring pltff to serve all responses from individuals to deft's written questions by 1/16/01, and preventing pltff from pursuing any claims on behalf of any individual for whom responses to such written questions have not been served by that date; docket as per chambers; (lf) (Entered: 01/22/2001)

Jan. 22, 2001
19

ORDER; pltff has requested, in a writing dated 1/9/01, that the Court reconsider so much of its Order dated 12/28/00, as required pltff to provide deft w/ certain questionnaire responses on or before 1/16/01 and, further, limited the universe of complainants to those persons whose questionnaires had been processed by pltff and delivered to deft on or before 1/16/01; pltff's application for reconsideration is denied ; ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (lfa) (Entered: 01/23/2001)

Jan. 22, 2001

Discovery conference held before Magistrate Judge Kevin Fox. (kw) (Entered: 02/09/2001)

Jan. 22, 2001
21

MEMORANDUM OF LAW by Equal Employment in support of its appeal of a January 19 order by Mag. Judge Fox. (pl) (Entered: 02/06/2001)

Feb. 2, 2001
22

AFFIDAVIT of Michael B. Ranis by Equal Employment Re: Appeal of Order by Mag. Judge Fox submitted on 2/1/01. (pl) (Entered: 02/06/2001)

Feb. 2, 2001
20

Memo-Endorsement on letter addressed to Mag Judge Fox from Francis X. Dee, dated 1/29/01, granting deft's request for an extension of time, until 2/15/01, in which to serve its rebuttal expert report to the EEOC's expert report pertaining to management practices ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (cd) (Entered: 02/06/2001)

Feb. 5, 2001
23

Memo-Endorsement on letter addressed to Judge Schwartz from Francis X. Dee, dated 2/13/01; approving deft Venator Group, Inc.'s intent to file its papers in opposition to pltff's appeal from the 1/19/01 Order of Mag. Judge Fox, by 2/16/01 . ( signed by Judge Allen G. Schwartz ); Copies mailed. (sn) (Entered: 02/16/2001)

Feb. 15, 2001
24

AFFIDAVIT of Patrick G. Brady by Venator Group in opposition to pltff's appeal from the Order of Mag. Judge Fox, dated 1/19/01. (sn) (Entered: 02/21/2001)

Feb. 16, 2001
25

MEMORANDUM OF LAW by Venator Group in opposition to pltff's appeal from the 1/19/01 Order of the Hon. Kevin Nathaniel Fox. (sn) (Entered: 02/21/2001)

Feb. 16, 2001
27

Memo-Endorsement on letter addressed to Judge Schwartz from Francis X. Dee, dated 3/2/01; granting counsel for deft's request that the pretrial conference be adjourned until 3/26/01; and that the deadline for submission of the parties' joint final pretrial order be extended until 3/26/01 . ( signed by Judge Allen G. Schwartz ); Copies mailed. (sn) (Entered: 03/08/2001)

March 8, 2001
28

MEMORANDUM ORDER, for the foregoing reasons, the Court affirms the conclusions set forth in Judge Fox's 12/28/00 Order, and denial of EEOC's reconsideration motion on 1/19/01 ; however, in light of the recent extension of the discovery deadline to the end of 3/01, the Court directs that all individuals whose questionnaire responses have been served upon deft by the date of this Order be considered claimants in this action ( signed by Judge Allen G. Schwartz ); Copies mailed. (cd) Modified on 03/14/2001 (Entered: 03/14/2001)

March 13, 2001
29

Memo-Endorsement on letter addressed to Judge Schwartz from Michael B. Ranis, dated 03/23/01; reset submission of the joint pre-trial order and jury instructions due for 4/9/01 (signed by Judge Allen G. Schwartz ); Copies mailed. (djc) (Entered: 03/26/2001)

March 26, 2001
30

NOTICE OF MOTION (filed on service date) by Equal Employment; for an order to bifurcate trial into Stage I and Stage II proceedings ; w/ attch. Memorandum in support; Return date: not indicated. (pl) (Entered: 04/17/2001)

April 12, 2001
31

NOTICE OF MOTION (filed on service date) by Equal Employment; for an order in limine to introduce evidence regarding inaccuracies in dft.'s Computerized Data ; Return date: not indicated. (pl) (Entered: 04/17/2001)

April 12, 2001
32

NOTICE OF MOTION (filed on service date) by Equal Employment; for an order to amend the Expert Report of Dr. Janice Madden ; Return date: not indicated. (pl) (Entered: 04/17/2001)

April 12, 2001
33

EEOC's PROPOSED VERDICT SHEET (pl) (Entered: 04/17/2001)

April 12, 2001
34

Proposed Voir Dire Questions by Venator Group (pl) (Entered: 04/17/2001)

April 12, 2001
35

Defendant's Proposed Verdict Sheet (pl) (Entered: 04/17/2001)

April 12, 2001
36

Proposed Jury Charges on substantive Law by Venator Group (pl) (Entered: 04/17/2001)

April 12, 2001
37

Proposed Jury Instructions by Equal Employment (pl) (Entered: 04/17/2001)

April 12, 2001
38

Plaintiff EEOC's Voir Dire Questions (pl) (Entered: 04/17/2001)

April 12, 2001
39

Joint Proposed Jury Charges by Equal Employment, Venator Group (pl) (Entered: 04/17/2001)

April 12, 2001
41

Joint Pretrial Order (pl) (Entered: 04/17/2001)

April 12, 2001
42

JOINT PRETRIAL ORDER filed by the parties. ( signed by Judge Allen G. Schwartz ) (jp) (Entered: 04/18/2001)

April 17, 2001
43

ORDER, that by 5/3/01, the parties shall submit to the Court one copy of each transcript, slated to be used at trial, in which the disputed testimony appears ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (lam) (Entered: 04/25/2001)

April 24, 2001
44

MEMORANDUM OF LAW by Venator Group in opposition to [31-1] motion for an order in limine to introduce evidence regarding inaccuracies in dft.'s Computerized Data . (cd) (Entered: 05/03/2001)

May 1, 2001
45

AFFIDAVIT of Patrick G. Brady by Venator Group in opposition to [31-1] motion for an order in limine to introduce evidence regarding inaccuracies in dft.'s Computerized Data (cd) (Entered: 05/03/2001)

May 1, 2001
46

NOTICE OF MOTION (FILED ON SERVICE DATE) by Venator Group purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to certain individual claimants for whom defts did not receive signed, sworn responses to deft's written questions by 3/12/01 . No return date indicated. (Rec'd in night deposit box 5/8/01 7:09 PM) (sn) Modified on 05/11/2001 (Entered: 05/11/2001)

May 8, 2001
47

AFFIDAVIT of Patrick G. Brady by Venator Group in support of [46-1] motion for an order granting partial summary judgment in favor of deft with respect to certain individual claimants for whom defts did not receive signed, sworn responses to deft's written questions by 3/12/01. (sn) (Entered: 05/11/2001)

May 8, 2001
48

MEMORANDUM OF LAW by Venator Group in support of [46-1] motion for an order granting partial summary judgment in favor of deft with respect to certain individual claimants for whom defts did not receive signed, sworn responses to deft's written questions by 3/12/01. (sn) (Entered: 05/11/2001)

May 8, 2001
49

RULE 56.1 STATEMENT filed by Venator Group, in support of deft's motion for partial summary judgment with respect to certain individual claimants. (sn) Modified on 05/11/2001 (Entered: 05/11/2001)

May 8, 2001
50

NOTICE OF MOTION (FILED ON SERVICE DATE) by Venator Group purs. to Rule 56 of the F.R.C.P. for an order granting partial summary judgment in favor of deft dismissing all claims as to defts Edwin Alemany, Clarence Emanuel, Federico Grimany, Cornelius Guider, Wayne Hanson, Francis Lobasso, Jr., and Donald Russell ; or alternatively, to sever their claims . No return date indicated. (Rec'd in night deposit box 5/8/01 7:01 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
51

AFFIDAVIT of Patrick G. Brady by Venator Group in support of [50-1] motion purs. to Rule 56 of the F.R.C.P. for an order granting partial summary judgment in favor of deft dismissing all claims as to defts Edwin Alemany, Clarence Emanuel, Federico Grimany, Cornelius Guider, Wayne Hanson, Francis Lobasso, Jr., and Donald Russell; [50-2] motion to sever their claims. (Rec'd in night deposit box 5/8/01 7:02 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
53

MEMORANDUM OF LAW by Venator Group in support of [50-1] motion purs. to Rule 56 of the F.R.C.P. for an order granting partial summary judgment in favor of deft dismissing all claims as to defts Edwin Alemany, Clarence Emanuel, Federico Grimany, Cornelius Guider, Wayne Hanson, Francis Lobasso, Jr., and Donald Russell; [50-2] motion to sever their claims. (Rec'd in night deposit box 5/8/01 7:02 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
54

RULE 56.1 STATEMENT filed by Venator Group, in support of deft's motion for partial summary judgment with respect to certain individual store manager claimants. (Rec'd in night deposit box 5/8/01 7:02 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
55

NOTICE OF MOTION (FILED ON SERVICE DATE) by Venator Group purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination . No return date indicated. (Rec'd in night deposit box 5/8/01 6:56 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
56

AFFIDAVIT of Patrick G. Brady by Venator Group in support of [55-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination. (Rec'd in night deposit box 5/8/01 6:57 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
57

MEMORANDUM OF LAW by Venator Group in support of [55-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination. (Rec'd in night deposit box 5/8/01 6:57 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
58

RULE 56.1 STATEMENT filed by Venator Group, in support of deft's motion for partial summary judgment as to pltff's pattern and practice claim. (Rec'd in night deposit box 5/8/01 6:57 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
59

NOTICE OF MOTION (FILED ON SERVICE DATE) by Venator Group purs. to Rule 56 of the F.R.C.P., for an order granting summary judgment in favor of deft with respect to pltff's complaint, in its entirety, as barred by the applicable 90-day statute of limitations, 29 U.S.C. Sec. 626(e) . No return date indicated.. (Rec'd in night deposit box 5/8/01 7:05 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
60

AFFIDAVIT of Patrick G. Brady by Venator Group in support of [59-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting summary judgment in favor of deft with respect to pltff's complaint, in its entirety, as barred by the applicable 90-day statute of limitations, 29 U.S.C. Sec. 626(e). (Rec'd in night deposit box 5/8/01 7:06 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
61

MEMORANDUM OF LAW by Venator Group in support of [59-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting summary judgment in favor of deft with respect to pltff's complaint, in its entirety, as barred by the applicable 90-day statute of limitations, 29 U.S.C. Sec. 626(e). (Rec'd in night deposit box 5/8/01 7:06 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
62

RULE 56.1 STATEMENT filed by Venator Group, in support of deft's motion for summary judgment dismissing the complaint in its entirety as barred by the applicable 90-day statute of limitations. (Rec'd in night deposit box 5/8/01 7:06 PM) (sn) (Entered: 05/11/2001)

May 8, 2001
63

NOTICE OF MOTION by Venator Group for an order, granting deft's motion in limine regarding certain evidentiary issues, and precluding pltff from introducing lay opinion testimony that deft's actions were motivated by age consideration; precluding pltff from introducing as exhibits in its case in chief any expert reports; precluding pltff from introducing as exhibits in its case-in-chief any responses to deft's written questions, or any charges of discrimination ; Return date not indicated. (rec'd in the night deposit box on 5/15/01 at 7:41 p.m.) (sac) Modified on 05/18/2001 (Entered: 05/18/2001)

May 15, 2001
64

MEMORANDUM OF LAW by Venator Group in support of [63-1] motion for an order, granting deft's motion in limine regarding certain evidentiary issues, and precluding pltff from introducing lay opinion testimony that deft's actions were motivated by age consideration; precluding pltff from introducing as exhibits in its case in chief any expert reports; precluding pltff from introducing as exhibits in its case-in-chief any responses to deft's written questions, or any charges of discrimination. (rec'd in the night deposit box on 5/15/01 at 7:41 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
65

NOTICE OF MOTION by Venator Group for an order, precluding the testimony or reports of the EEOC's proposed Human Resources Management expert, Thomas A. Mahoney ; Return date not indicated. (sac) (Entered: 05/18/2001)

May 15, 2001
66

MEMORANDUM OF LAW by Venator Group in support of [65-1] motion for an order, precluding the testimony or reports of the EEOC's proposed Human Resources Management expert, Thomas A. Mahoney. (rec'd in the night deposit box on 5/15/01 at 7:32 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
67

AFFIDAVIT of Partick G. Brady by Venator Group in support of [65-1] motion for an order, precluding the testimony or reports of the EEOC's proposed Human Resources Management expert, Thomas A. Mahoney. (rec'd in the night deposit box on 5/15/01 at 7:32 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
68

NOTICE OF MOTION by Venator Group for an order, precluding ptlff from presenting at trial the testimony and reports of pltff's statistical and economic damages expert, Janice Fanning Madden, Ph.D. ; Return date not indicated. (rec'd in the night deposit box on 5/15/01 at 7:35 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
69

MEMORANDUM OF LAW by Venator Group in support of [68-1] motion for an order, precluding ptlff from presenting at trial the testimony and reports of pltff's statistical and economic damages expert, Janice Fanning Madden, Ph.D. (rec'd in the night deposit box on 5/15/01 at 7:35 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
70

AFFIDAVIT of Partick G. Brady by Venator Group in support of [68-1] motion for an order, precluding ptlff from presenting at trial the testimony and reports of pltff's statistical and economic damages expert, Janice Fanning Madden, Ph.D. (rec'd in the night deposit box on 5/15/01 at 7:35 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
71

MEMORANDUM OF LAW by Venator Group in opposition to [30-1] motion for an order to bifurcate trial into Stage I and Stage II proceedings. (rec'd in the night deposit box on 5/15/01 at 7:40 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
72

AFFIDAVIT of Patrick G. Brady by Venator Group in opposition to [30-1] motion for an order to bifurcate trial into Stage I and Stage II proceedings. (rec'd in the night deposit box on 5/15/01 at 7:40 p.m.) (sac) (Entered: 05/18/2001)

May 15, 2001
73

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 4/17/01. (gmo) (Entered: 05/31/2001)

May 31, 2001
74

MEMORANDUM OF LAW by Equal Employment in opposition to [55-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination . (cd) (Entered: 06/12/2001)

June 8, 2001
75

MEMORANDUM OF LAW by Equal Employment in opposition to [59-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting summary judgment in favor of deft with respect to pltff's complaint, in its entirety, as barred by the applicable 90-day statute of limitations, 29 U.S.C. Sec. 626(e) . (cd) (Entered: 06/12/2001)

June 8, 2001
76

MEMORANDUM OF LAW by Equal Employment in opposition to [55-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination . (cd) (Entered: 06/12/2001)

June 8, 2001
77

MEMORANDUM OF LAW by Equal Employment in opposition to [59-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting summary judgment in favor of deft with respect to pltff's complaint, in its entirety, as barred by the applicable 90-day statute of limitations, 29 U.S.C. Sec. 626(e) . (cd) (Entered: 06/12/2001)

June 8, 2001
78

AFFIDAVIT of Michael B. Ranis by Equal Employment Re: [77-1] opposition memorandum, [76-1] opposition memorandum, [75-1] opposition memorandum, [74-1] opposition memorandum . (cd) (Entered: 06/12/2001)

June 8, 2001
79

AFFIDAVIT of Michael B. Ranis by Equal Employment Re: [77-1] opposition memorandum, [76-1] opposition memorandum, [75-1] opposition memorandum, [74-1] opposition memorandum . (cd) (Entered: 06/12/2001)

June 8, 2001
80

RULE 56.1 STATEMENT filed by Equal Employment (cd) (Entered: 06/12/2001)

June 8, 2001
82

RULE 56.1 STATEMENT filed by Equal Employment (cd) (Entered: 06/12/2001)

June 8, 2001
83

RULE 56.1 STATEMENT filed by Equal Employment (cd) (Entered: 06/12/2001)

June 8, 2001
84

AFFIDAVIT of Michael Ranis by Equal Employment in support of [83-1] settlement notice . (cd) (Entered: 06/12/2001)

June 8, 2001
86

REPLY MEMORANDUM of LAW by Venator Group in Further Support of [55-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination. (djc) (Entered: 06/20/2001)

June 15, 2001
87

SUPPLEMENTAL AFFIDAVIT of Patrick G. Brady by Venator Group in support of [55-1] motion purs. to Rule 56 of the F.R.C.P., for an granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination (djc) (Entered: 06/20/2001)

June 15, 2001
88

REPLY MEMORANDUM of LAW by Venator Group in Support of [46-1] motion purs. to Rule 56 of the F.R.C.P., for an order granting partial summary judgment in favor of deft with respect to certain individual claimants for whom defts did not receive signed, sworn responses to deft's written questions by 3/12/01 (djc) (Entered: 06/20/2001)

June 15, 2001
89

REPLY MEMORANDUM of LAW by Venator Group re: in Further Support of its Motion for Summary Judgment Dismissing the Complaint as Barred by the Applicable Ninety-day Statute of Limitations. (djc) (Entered: 06/20/2001)

June 15, 2001
90

REPLY MEMORANDUM of LAW by Venator Group in Further Support of Defendants' Motion for Partial Summary Judgment with respect to the Claims of Certain Individual Store Managers; (djc) (Entered: 06/20/2001)

June 15, 2001
91

SUPPLEMENTAL AFFIDAVIT of Peter Clay by Venator Group in support of [55-1] motion purs. to Rule 56 of the F.R.C.P., for an granting partial summary judgment in favor of deft with respect to pltff's complaint, insofar as it alleges that deft engaged in a "Pattern and Practice" of discrimination, [50-1] motion purs. to Rule 56 of the F.R.C.P. for an order granting partial summary judgment in favor of deft dismissing all claims as to defts Edwin Alemany, Clarence Emanuel, Federico Grimany, Cornelius Guider, Wayne Hanson, Francis Lobasso, Jr., and Donald Russell; and to supplement affidavit dated May 7, 2001. (djc) (Entered: 06/20/2001)

June 15, 2001
92

SUPPLEMENTAL AFFIDAVIT of Patrick G. Brady by Venator Group in support of defendants' motion for partial summary judgment with respect to certain individual store manager claims; (djc) (Entered: 06/20/2001)

June 15, 2001
93

RULE 56.1 STATEMENT filed by Venator Group (djc) (Entered: 06/20/2001)

June 15, 2001
85

Memo-Endorsement on letter addressed to Judge Schwartz from Judy Keenan, dated 6/15/01; granting pltff's request for a one week extension until 6/29/01 to respond to [68-1] motion for an order, precluding ptlff from presenting at trial the testimony and reports of pltff's statistical and economic damages expert, Janice Fanning Madden, Ph.D. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 06/18/2001)

June 18, 2001
94

Memo-Endorsement on letter addressed to Judge Schwartz from Francis X. Dee, dated 06/15/01; Plaintiff's Response to motion reset to 6/29/01 for [63-1] motion for an order, granting deft's motion in limine regarding certain evidentiary issues, and precluding pltff from introducing lay opinion testimony that deft's actions were motivated by age consideration; precluding pltff from introducing as in its case in chief any expert reports; precluding pltff from introducing as exhibits in its case-in-chief any responses to deft's written questions, or any charges of discrimination ; (signed by Judge Allen G. Schwartz); Copies mailed. (djc) (Entered: 06/21/2001)

June 18, 2001
96

AFFIDAVIT of Michael B. Ranis by Equal Employment in suppport of EEOC's opposition to [65-1] motion for an order, precluding the testimony or reports of the EEOC's proposed Human Resources Management expert, Thomas A. Mahoney . (rag) (Entered: 06/26/2001)

June 22, 2001
97

MEMORANDUM OF LAW by Equal Employment in opposition to [63-1] motion for an order, granting deft's motion in limine regarding certain evidentiary issues, and precluding pltff from introducing lay opinion testimony that deft's actions were motivated by age consideration; precluding pltff from introducing as exhibits in its case in chief any expert reports; precluding pltff from introducing as exhibits in its case-in-chief any responses to deft's written questions, or any charges of discrimination . (rag) (Entered: 06/26/2001)

June 22, 2001
98

MEMORANDUM OF LAW by Equal Employment in opposition to [65-1] motion for an order, precluding the testimony or reports of the EEOC's proposed Human Resources Management expert, Thomas A. Mahoney . (rag) (Entered: 06/26/2001)

June 22, 2001
99

AFFIDAVIT of Michele J. Le Moal-Gray by Equal Employment in opposition to [68-1] motion for an order, precluding ptlff from presenting at trial the testimony and reports of pltff's statistical and economic damages expert, Janice Fanning Madden, Ph.D. . (rag) (Entered: 06/26/2001)

June 22, 2001
100

DECLARATION of Judy Keenan by Equal Employment in opposition Re: [68-1] motion for an order, precluding ptlff from presenting at trial the testimony and reports of pltff's statistical and economic damages expert, Janice Fanning Madden, Ph.D. (kw) (Entered: 07/02/2001)

June 29, 2001
101

MEMORANDUM OF LAW by Equal Employment in opposition to [68-1] motion for an order, precluding ptlff from presenting at trial the testimony and reports of pltff's statistical and economic damages expert, Janice Fanning Madden, Ph.D. (kw) (Entered: 07/02/2001)

June 29, 2001
103

CERTIFICATE OF SERVICE of dft's Reply Memorandum in further support of it motion to preclude and supplemental Affid. of Patrick G. Brady in supprot of DFt.'s Motion to Preclude as to plaintiff by mail on 7/26/01. (pl) (Entered: 07/30/2001)

July 26, 2001

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: July 1, 1999

Closing Date: Nov. 4, 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

Foot Locker Specialty, Inc., Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3500000

Order Duration: 2002 - 2005

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits