Case: EEOC v. ALLSTATE INSURANCE COMPANY

4:04-cv-01359 | U.S. District Court for the Eastern District of Missouri

Filed Date: Oct. 7, 2004

Closed Date: Jan. 14, 2013

Clearinghouse coding complete

Case Summary

On Oct. 7, 2004, the St. Louis District office of the EEOC brought this suit against Allstate Insurance Company, a major insurance provider, in the U.S. District Court for the Eastern District of Missouri. The complaint alleged that Allstate's rehire policy disproportionately and adversely impacted workers over the age of 40, in violation of the Age Discrimination in Employment Act (ADEA). The EEOC also brought a disparate treatment claim, alleging that Allstate refused to rehire certain former…

On Oct. 7, 2004, the St. Louis District office of the EEOC brought this suit against Allstate Insurance Company, a major insurance provider, in the U.S. District Court for the Eastern District of Missouri. The complaint alleged that Allstate's rehire policy disproportionately and adversely impacted workers over the age of 40, in violation of the Age Discrimination in Employment Act (ADEA). The EEOC also brought a disparate treatment claim, alleging that Allstate refused to rehire certain former employees because of their age. The EEOC sought to permanently enjoin Allstate from discriminating on the basis age against individuals 40 years of age and older. The EEOC also wanted the court to order that Allstate implement policies, practices, and programs providing equal employment opportunities for individuals 40 years of age and older. Finally, the EEOC sought back wages and liquidated damages for adversely affected employees.

In 1999, Allstate implemented a Reorganization Plan, which eliminated all employee-agent positions and terminated the employment contracts of its employee-agents. In connection with the Reorganization Plan, Allstate implemented a rehire moratorium policy in 2000. Under the policy, former employee-agents who were subject to the Reorganization Plan were ineligible for rehire in non-agent positions for a period of one year after their termination, or after all severance benefits had been received. The EEOC alleged that the rehire moratorium policy had disparate impact on former employee-agents who were members of the protected age group and that Allstate engaged in disparate treatment of such members of the protected age group.

Both sides filed motions for partial summary judgment in June 2006, and in October 2006 District Judge E. Richard Webber denied Allstate's motion but granted in part the EEOC's motion. The court held that although no material issue of fact existed as to the EEOC's prima face case of disparate impact, Allstate had provided sufficient evidence that the challenged employment policy was adopted based on reasonable factors other than age. Since the EEOC had the ultimate burden of showing that Allstate's reasons for the policy were unreasonable, and had provided sufficient evidence of unreasonableness, the court held that question was not appropriate for summary judgment. 458 F. Supp. 2d 980 (E.D. Mo. 2006).

In Jan. 2007, Allstate was given leave in the district court to file an interlocutory appeal, at which point the case was stayed pending the result of that appeal. No. 4:04CV01359 ERW, 2007 WL 38675 (E.D. Mo. Jan. 4, 2007). Allstate appealed on two questions of law: (1) whether Allstate’s rehire policy is an “employment policy”

which can be challenged under a disparate impact theory of discrimination; and (2)

whether the statistics proffered by the EEOC and adopted by the district court

establish disparate impact as a matter of law. On June 10, 2008, Eighth Circuit Judge Myron H. Bright answered both questions in the affirmative, holding that Allstate's rehire policy could be challenged under ADEA and that the EEOC's statistical evidence established a prima facie case that the rehire policy had a disparate impact. 528 F.3d 1042 (8th Cir. 2008).

However, on September 8, 2008, the Eighth Circuit granted Allstate's Petition for Rehearing En Banc and vacated the June 10, 2008 judgment. That same day, the Eighth Circuit dismissed the appeal for lack of jurisdiction and the case went back to district court.

After proceedings resumed in the district court, there was additional discovery. On Sept. 11, 2009, the parties filed a joint motion to approve the parties' proposed Stipulated Order resolving all claims in this action. On Sept. 14, 2009, District Judge Webber issued a Stipulated Order containing the terms of the parties' settlement agreement.

With respect to injunctive relief, Allstate agreed that before adopting any new policy limiting the re-employment of former employees whose employment was terminated involuntarily as part of a reorganization or reduction-in-force, it will determine whether such a policy disproportionately affects individuals who are age 40 and above. If the policy does disproportionately impact those 40 or older, Allstate agreed to refrain from implementing the policy until it gives the EEOC 14 days written notice of its implementation, provides a list of reasons for the policy, and gives reasonable opportunity to meet and discuss with the EEOC. Additionally, Allstate agreed that any new policy would comply with the requirements of the ADEA. However, there was no admission of liability by Allstate.

With respect to monetary damages, Allstate agreed to pay a total of $4.5 million to individuals affected by the rehire policy. The settlement agreement required that the EEOC provide notice to all eligible claimants, giving them a chance to comment on or object to the methodology for allocating the $4.5 million settlement fund. The agreement specified that the court would retain jurisdiction over the case for three years.

Following the notice and comment period, Judge Webber issued a Settlement Allocation Order on Dec. 15, 2009. The Settlement Allocation Order approved of the proposed Distribution Plan, stating that it was a fair and reasonable allocation of the monetary relief provided under the Stipulated Order, and rejected all of the claimants' objections.

On Jan. 14, 2010, Judge Webber finalized the settlement. The three year period of the court's jurisdiction passed without further litigation, and the case is now closed.

Summary Authors

Shankar Viswanathan (6/9/2008)

Eva Richardson (10/7/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5510409/parties/equal-employment-opportunity-commission-v-allstate-insurance-company/


Judge(s)

Gans, Michael E. (Missouri)

Webber, E. Richard (Missouri)

Attorneys(s) for Plaintiff

Baran, Andrea G. (Kansas)

Johnson, Robert G. (Missouri)

Kennedy, Melvin D (Missouri)

Miller, C. Felix (Missouri)

Attorneys(s) for Defendant

Coleman, Khara Aisha Ashanti (Illinois)

Godfrey, Richard Cartier (Illinois)

Godsy, Michael M. (Missouri)

Livingston, Donald R. (District of Columbia)

Judge(s)

Gans, Michael E. (Missouri)

Webber, E. Richard (Missouri)

Attorneys(s) for Plaintiff

Baran, Andrea G. (Kansas)

Johnson, Robert G. (Missouri)

Kennedy, Melvin D (Missouri)

Miller, C. Felix (Missouri)

Attorneys(s) for Defendant

Coleman, Khara Aisha Ashanti (Illinois)

Godfrey, Richard Cartier (Illinois)

Godsy, Michael M. (Missouri)

Livingston, Donald R. (District of Columbia)

Oleson, Nathan J. (District of Columbia)

Rucker, Bredale (Illinois)

Smylie, Sallie Gamble (Illinois)

Welch, Donna M. (Illinois)

Documents in the Clearinghouse

Document

4:04-cv-01359

Docket [PACER]

EEOC v. Allstate Insurance Company

Jan. 14, 2010

Jan. 14, 2010

Docket
1-1

4:04-cv-01359

Complaint

EEOC v. Allstate Insurance Company

Oct. 7, 2004

Oct. 7, 2004

Complaint
30

4:04-cv-01359

Order [Denying Motion to Bifurcate Trial and Discovery and granting Motion to Compel]

EEOC vs. Allstate Insurance Company

Aug. 23, 2005

Aug. 23, 2005

Order/Opinion
39

4:04-cv-01359

Stipulation and Order Governing Protection and Exchange of Confidential Material

EEOC v. Allstate Insurance Company

Jan. 23, 2006

Jan. 23, 2006

Order/Opinion
68

4:04-cv-01359

Order [Granting Motion to Compel]

EEOC v. Allstate Insurance Company

Sept. 8, 2006

Sept. 8, 2006

Order/Opinion
70

4:04-cv-01359

Memorandum and Order [Granting Motion for Partial Summary Judgment]

EEOC v. Allstate Insurance Company

458 F.Supp.2d 980

Oct. 19, 2006

Oct. 19, 2006

Order/Opinion

4:04-cv-01359

EEOC Press Release

EEOC v. Allstate Insurance Company

No Court

Oct. 19, 2006

Oct. 19, 2006

Press Release
77

4:04-cv-01359

Memorandum and Order [Granting Defendant's Motion for Interlocutory Appeal]

EEOC v. Allstate Insurance Co.

2007 WL 38675

Jan. 4, 2007

Jan. 4, 2007

Order/Opinion
80

4:04-cv-01359

Order [USCA Granting Petition for Interlocutory Appeal]

Allstate Insurance Company v. EEOC

U. S. Court of Appeals for the Eighth Circuit

March 14, 2007

March 14, 2007

Order/Opinion
88

4:04-cv-01359

Appeal from the United States District Court for the Eastern District of Missouri

Equal Employment Opportunity Commission v. Allstate Insurance Company

U. S. Court of Appeals for the Eighth Circuit

528 F.3d 1042, 2008 WL 2345106

June 10, 2008

June 10, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5510409/equal-employment-opportunity-commission-v-allstate-insurance-company/

Last updated Aug. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
70

MEMORANDUM AND ORDER:... IT IS HEREBY ORDERED that Plaintiff's Motion for Partial Summary Judgment as to Liability, doc.# 42 is GRANTED in part and DENIED in part (see order for details). IT IS FURTHER ORDERED that Defendant's Motion for Partial Summary Judgment, doc.# 52 is DENIED. Signed by Judge E. Richard Webber on 10/19/2006. (BDC)

Oct. 19, 2006

Oct. 19, 2006

RECAP
1

COMPLAINT against defendant Allstate Insurance Company Waivers issued 1, Consents issued 2, Disclosure of Corporate Interest issued to Allstate Insurance Co., Jury Demand,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 10/08/2004)

Oct. 7, 2004

Oct. 7, 2004

WAIVER of Service issued defendant Allstate Insurance Company. filed by Equal Employment Opportunity Commission. (CDD, ) (Entered: 10/08/2004)

Oct. 7, 2004

Oct. 7, 2004

77

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's Motion for Interlocutory Appeal 73 is GRANTED. IT IS FURTHER ORDERED that the current action is stayed, pending the outcome of the appeal. Signed by Judge E. Richard Webber on 1/4/07. (BAK, )

Jan. 4, 2007

Jan. 4, 2007

RECAP
2

WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission Allstate Insurance Company waiver signed on 10/25/2004, answer due 12/27/2004. (Miller, C.) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

3

ENTRY of Appearance by Michael M. Godsy Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

4

CJRA ORDER (jgw). Judge Mary Ann L. Medler termed; Case reassigned to Judge E. Richard Webber for all further proceedings; (DJO) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

5

Consent MOTION for Extension of Time to File Answer re 1 Complaint, Consent Motion For Enlargement Of Time by Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

Docket Text ORDER: Consent Motion for Enlargement of Time [doc. #5] is GRANTED. Defendant's Responsive Pleading to Plaintiff's Complaint shall be filed with this Court no later than December 30, 2004. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

6

ANSWER to Complaint by Allstate Insurance Company.(Godsy, Michael) (Entered: 12/30/2004)

Dec. 30, 2004

Dec. 30, 2004

7

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Allstate Insurance Company Parent companies: The Allstate Corporation, Subsidiaries: None, Publicly held company: None,. (Godsy, Michael) (Entered: 12/30/2004)

Dec. 30, 2004

Dec. 30, 2004

8

RULE 16 ORDER This case is assigned to Track: 2 Standard Joint Scheduling Plan due by 1/21/2005. Rule 16 Conference set for 1/28/2005 10:45 AM before Honorable E. Richard Webber.. Signed by Judge E. Richard Webber on 1/5/05. (CQL, ) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

Receipt # S2005−002958 in the amount of $75.00 for ATTORNEY ADM. FEE − PHV−Donna Welch, ATTORNEY ADM. FEE − PHV−Richard C. Godfrey, ATTORNEY ADM. FEE − PHV−Sallie Smylie on behalf of SONNENSCHEIN AND NATH. (CSW,) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

9

MOTION for Leave to Appear Pro Hac Vice Sallie Smylie by Defendant Allstate Insurance Company. (MCB) (Entered: 01/14/2005)

Jan. 11, 2005

Jan. 11, 2005

10

MOTION for Leave to Appear Pro Hac Vice Donna Welch by Defendant Allstate Insurance Company. (MCB) (Entered: 01/14/2005)

Jan. 11, 2005

Jan. 11, 2005

Docket Text ORDER: Verified Motions for Admission Pro Hac Vice [doc. #9, #10 and #11] are GRANTED. Attorneys Sallie Smylie, Donna M. Welch, and Richard C. Godfrey are admitted pro hac vice for the purpose of representing Defendnt in this matter. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

ORDER RECEIPT: (see receipt) Tue Jan 18 13:06:20 CST 2005 (CQL, ) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

ORDER RECEIPT: (see receipt) Tue Jan 18 13:13:23 CST 2005 (CQL, ) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

ORDER RECEIPT: (see receipt) Wed Jan 19 09:35:06 CST 2005 (GLF, ) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

Receipt # S2005−003420 in the amount of $25.00 for ATTORNEY ADM. FEE − PHV on behalf of LIVINGSTON, DONALD RAY. (CSW,) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

14

MOTION for Leave to Appear Pro Hac Vice Donald Ray Livingston by Defendant Allstate Insurance Company.(GLF) Receipt for fees S2005−03420. (Entered: 01/27/2005)

Jan. 19, 2005

Jan. 19, 2005

12

JOINT SCHEDULING PLAN by Plaintiff Equal Employment Opportunity Commission.. (Kennedy, Melvin) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

Receipt # S2005−003645 in the amount of $25.00 for ATTORNEY ADM. FEE − PHV on behalf of OLESON, NATHAN JOSHUA. (CSW,) (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

13

MOTION for Leave to Appear Pro Hac Vice Nathan Joshua Oleson by Defendant Allstate Insurance Company. (MCB) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

Docket Text ORDER: Verified Motion for Admission Pro Hac Vice [doc. #13] is GRANTED. Nathan J. Oleson is admitted pro hac vice for the purpose of representing Defendant Allstate Insurance Company in this matter. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

ORDER RECEIPT: (see receipt) Thu Jan 27 10:05:33 CST 2005 (MCB, ) (Entered: 01/27/2005)

Jan. 27, 2005

Jan. 27, 2005

Docket Text ORDER: Verified Motion for Admission Pro Hac Vice [doc. #14] is GRANTED. Donald Ray Livingston shall be admitted pro hac vice for the purpose of representing Defendant Allstate Insurance Company in this matter. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

15

ENTRY of Appearance by Melvin D. Kennedy Plaintiff Equal Employment Opportunity Commission. (Kennedy, Melvin) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

ORDER RECEIPT: (see receipt) Fri Jan 28 16:09:09 CST 2005 (MCB, ) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

16

Minute Entry for proceedings held before Judge E. Richard Webber : Rule 16 Conference held on 1/28/2005. (proceedings started: 10:45.) (proceedings ended: 11:00.) (MCB) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

17

CASE MANAGEMENT ORDER This case is assigned to Track: 2(standard) Motion to Join Parties due by 3/28/2005. Discovery Completion due by 1/31/2006. ADR Future Reference 9/1/2005. Dispositive Motions due by 2/28/2006. Jury Trial set for 7/10/2006 08:30 AM in Courtroom 12S before Honorable E. Richard Webber. Pretrial Conference set for 6/30/2006 08:30 AM in In Chambers before Honorable E. Richard Webber. Pretrial Compliance due by 6/21/2006. Motion in Limine due by 6/26/2006. Signed by Judge E. Richard Webber on 1/31/2005. (JMW, ) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

ORDER RECEIPT: (see receipt) Mon Jan 31 16:21:37 CST 2005 (JMW, ) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

18

DEFENDANT'S INITIAL DISCLOSURES PURSUANT TO FED. R.CIV. P. 26(a)(1) and LOCAL RULE 3.01 filed Defendant Allstate Insurance Company. (Godsy, Michael) (Modified on 3/8/2005− entered as motion, now termed and counsel notified

March 7, 2005

March 7, 2005

20

MEMORANDUM in Support of Motion re 19 MOTION to Bifurcate Trial and Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Miller, C.) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

21

Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Bifurcate Trial and Discovery Consent Motion For Extension Of Time To Respond to Plaintiff's Motion To Bifurcate by Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

Docket Text ORDER: Consent Motion for Extension of Time [doc. #21] is GRANTED. Defendant's Response to Plaintiff's Motion to Bifurcate Trial and Discovery [doc. #19] shall be filed with this Court no later than August 5, 2005. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

ORDER RECEIPT: (see receipt) Wed Jul 27 16:22:20 CDT 2005 (MCB, ) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

22

MEMORANDUM in Opposition re 19 MOTION to Bifurcate Trial and Discovery Defendant Allstate's Opposition to Plaintiff's Motion To Bifurcate Trial And Discovery filed by Defendant Allstate Insurance Company. (Attachments: # 1 Exhibit Plaintiff EEOC's Answers And Objections To Defendant's First Interrogtories To Plaintiff)(Rovak, Stephen) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

23

REPLY to Response to 19 MOTION to Bifurcate Trial and Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Miller, C.) Modified on 8/12/2005 (JMW, ), changed document from Memorandum in Support of Motion to Reply to Response to Motion. (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

24

SUPPLEMENTAL re 19 MOTION to Bifurcate Trial and Discovery , 23 Memorandum in Support of Motion by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Miller, C.) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

Docket Text ORDER: Counsel for all parties shall appear before this Court on August 23, 2005, at 10:00 a.m. for an in−court hearing on Plaintiff's Motion to Bifurcate Trial and Discovery [doc. #19]. So Ordered by Judge E. Richard Webber. (BAB) Modified on 8/17/2005− Sent by regular mail to: Donna M. Welch KIRKLAND AND ELLIS 200 E. Randolph Drive Chicago, IL 60601 (BDC). (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

25

MOTION to Amend/Correct 17 Case Management Order,, by Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

26

MEMORANDUM in Support of Motion re 25 MOTION to Amend/Correct 17 Case Management Order,, filed by Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

27

MOTION to Compel Production Of Documents and Responses To Interrogatories by Plaintiff Equal Employment Opportunity Commission. (Miller, C.) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

28

MEMORANDUM in Support of Motion re 27 MOTION to Compel Production Of Documents and Responses To Interrogatories filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Miller, C.) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

Docket Text ORDER: All pending motions will be addressed at the Motion Hearing previously scheduled for Tuesday, August 23, 2005, at 10:00 a.m. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

***REMARK I handed Donna Welch a copy of the docket text order filed yesterday, August 22, 2005, in open court. (MCB) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

30

ORDER IT IS HEREBY ORDERED that Plaintiff's Motion to Bifurcate Trial and Discovery [doc. #19] is DENIED. IT IS FURTHER ORDERED that Defendant's Motion to Amend Case Management Order [doc. #25] is GRANTED in part. Deft shall be permitted to depose up to 20 individuals and is granted leave to file a request to depose additional persons should it become necessary. IT IS FURTHER ORDERED that Plaintiff's Motion to Compel Production of Documents and Responses to Interrogatories [doc. #27] is GRANTED. Deft shall provide full responses to the interrogatories and document requests no later than September 9, 2005. Signed by Judge E. Richard Webber on August 23, 2005. (MCB) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

ORDER RECEIPT: (see receipt) Tue Aug 23 17:33:38 CDT 2005 (MCB, ) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

31

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: mediation Designation of Lead Counsel: C. Felix Miller, Jr. ADR Completion Deadline due by 12/1/2005. Designation of Neutral due by 9/30/2005. ADR Conference Schedule due by 9/30/2005. Signed by Judge E. Richard Webber on September 6, 2005. (MCB) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

32

Joint MOTION to Amend/Correct To Modify Case Management Order And Order Referring Case To Alternative Dispute Resolution by Plaintiff Equal Employment Opportunity Commission. (Miller, C.) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

Docket Text ORDER: Counsel for all partie shall appear before this Court on September 23, 2005, at 8:30 a.m. for a Hearing on the Joint Motion to Modify Case Management Order and Order Referring Case to Alternative Dispute Resolution [doc. #32]. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

33

Minute Entry for proceedings held before Judge E. Richard Webber : In Court Hearing held on 9/23/2005. Parties present for hearing on joiont motion to modify the Case Management Order [doc #32]. Counsel heard. Amended Case Management Order to follow. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (proceedings started: 8:30.) (proceedings ended: 8:35.) (MCB) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

34

AMENDED CASE MANAGEMENT ORDER: Granting doc.# 32 , the Joint MOTION to Modify Case Management Order And Order Referring Case To Alternative Dispute Resolution filed by Equal Employment Opportunity Commission. Discovery Completion due by 4/12/2006. Non−Dispositive Motions due by 4/24/2006. Dispositive Motions due by 4/28/2005. Jury Trial set for 11/6/2006 08:30 AM before Honorable E. Richard Webber (This is a three week docket). Pretrial Conference set for 10/27/2005 10:30 AM In Chambers before Honorable E. Richard Webber. Pretrial Compliance due by 10/18/2006. Motion in Limine due by 10/23/2006. (see order for additional details) Signed by Judge E. Richard Webber on 9/23/2005. (BDC) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

35

MOTION for Protective Order Motion for Entry Of Stipulated Protective Order And To Determine Information−Sharing Provisions Of Protective Order by Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

36

MEMORANDUM in Support of Motion re 35 MOTION for Protective Order Motion for Entry Of Stipulated Protective Order And To Determine Information−Sharing Provisions Of Protective Order Defendant Allstate Insurance Company's Memorandum In Support Of Motion For Entry Of Protective Order filed by Defendant Allstate Insurance Company. (Attachments: # 1 Exhibit Stipulation And Order Governing Protection And Exchange Of Confidential Material# 2 Exhibit Stipulation And Order Governng Protection And Exchange Of Confidential Material# 3 Exhibit Allstate Insurance Company's Responses And Objections To Plaintiff's First Set of Requests For Production of Documents)(Godsy, Michael) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

38

MEMORANDUM in Opposition re 35 MOTION for Protective Order Motion for Entry Of Stipulated Protective Order And To Determine Information−Sharing Provisions Of Protective Order filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EXHIBIT A# 2 Declaration of C. Felix Miller)(Miller, C.) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

39

STIPULATION AND ORDER GOVERNING PROTECTION AND EXCHANGE OF CONFIDENTIAL MATERIAL (See Stipulation and Order for specifics.) Signed by Judge E. Richard Webber on 1/23/2006. (JMW) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

40

Joint MOTION to Amend/Correct 34 Case Management Order − Amended, Terminate Motions,,,, Joint Motion To Modify Amended Case Management Order by Plaintiff Equal Employment Opportunity Commission. (Godsy, Michael) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

Docket Text ORDER: Joint Motion to Amend Case Management Order [doc. #40] is GRANTED. The parties shall complete all discovery no later than June 2, 2006. Dispositive Motions shall be filed no later than June 19, 2006. ADR Referral deadline is extended to July 31, 2006. All other dates set forth in the Case Mangement Order remain as previously scheduled. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

41

MOTION for Leave to Appear Pro Hac Vice Khara Coleman by Defendant Allstate Insurance Company. (BAK, ) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice [doc. #41] is GRANTED. Khara A. Coleman shall be admitted pro hac vice for the purpose of representing Defendant in this matter. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

Receipt # S2006−006967 in the amount of $25.00 for ATTORNEY ADM. FEE − PHV on behalf of COLEMAN, KHARA. (CSW,) (Entered: 05/02/2006)

April 28, 2006

April 28, 2006

ORDER RECEIPT: (see receipt) Mon May 1 09:56:18 CDT 2006 (MCB, ) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

42

MOTION for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17)(PTL, St. Louis) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

43

SUPPLEMENTAL re 42 MOTION for Summary Judgment Plaintiff's Appendix of Exhibits Submitted in Support of Plaintiff's Motion for Partial Summary Judgment as to Liability by Plaintiff Equal Employment Opportunity Commission. (PTL, St. Louis) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

44

MOTION for Leave to Exceed Page Limit and Suggestions in Support by Plaintiff Equal Employment Opportunity Commission. (PTL, St. Louis) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

45

STATEMENT of Material Facts re 42 MOTION for Summary Judgment Plaintiff's Statement of Uncontroverted Material Facts filed by Plaintiff Equal Employment Opportunity Commission. (PTL, St. Louis) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

46

MEMORANDUM in Support of Motion re 42 MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (PTL, St. Louis) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

48

MOTION to Seal Document 42 MOTION for Summary Judgment Motion to File Documents Under Seal by Plaintiff Equal Employment Opportunity Commission. (PTL, St. Louis) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

Docket Text ORDER: Motion for Leave to Exceed Page Limit [doc. #44] is GRANTED. Memorandum in Support of Motion for Summary Judgment in excess of page limitation is accepted for filing by this Court. Motion to Seal Certain Exhibits [doc. #48] is GRANTED. Exhibits set forth in said Motion shall be filed under seal with this Court. So Ordered by Judge E. Richard Webber. (BAB) Notification sent to non−registered attorney on 6/8/2006 (BAK, ). (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

49

SEALED EXHIBITS Including: 1)Zuzich Exhibit 4 to Deposition of Karleen Zuzichand AND 2)Hard Copies of Electronic Information Provided by Allstate as part of its Answers to Interrogatory No. 14, each supporting doc.# 42 , the MOTION for Summary Judgment of Plaintiff Equal Employment Opportunity Commission. (BDC) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

50

Joint MOTION for Extension of: Deadline for Filing Motions to Compel by Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

51

Joint MOTION to Consolidate Dispositive Motion Briefing by Defendant Allstate Insurance Company. (Godsy, Michael) Modified on 6/14/2006 (BAB). (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

Docket Text ORDER: Motion for Extension of Deadline for Filing Motions to Compel [doc. #50] is GRANTED. Any Motions to Compel shall be filed with this Court no later than July 14, 2006. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

Docket Text ORDER: Motion to Consolidate Dispositive Motion Briefing [doc. #51] is GRANTED. Defendant's Consolidated Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment [doc. #42] shall be filed no later than June 30, 2006, consisting of no more than 25 pages. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Reply in Support of its Motion for Summary Judgment shall be filed no later than July 24, 2006, consisting of no more than 25 pages. Defendant's Reply in Support of its Motion for Summary Judgment, consisting of no more than 15 pages, shall be filed no later than August 1, 2006. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

ORDER RECEIPT: (see receipt) Wed Jun 14 16:21:19 CDT 2006 (JMW, ) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

ORDER RECEIPT: (see receipt) Wed Jun 14 16:22:39 CDT 2006 (JMW, ) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

52

MOTION for Summary Judgment by Defendant Allstate Insurance Company. (Welch, Donna) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

53

MEMORANDUM in Support of Motion re 52 MOTION for Summary Judgment with Separate Appendix of Exhibits filed by Defendant Allstate Insurance Company. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Welch, Donna) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

54

SUPPLEMENTAL re 53 Memorandum in Support of Motion, Proposed Order re Motion for Partial Summary Judgment by Defendant Allstate Insurance Company. (Welch, Donna) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

55

STATEMENT of Material Facts re 52 MOTION for Summary Judgment Defs Consolidated Statement of Unconvtroverted Material Facts and Opposition to EEOC's Statement of Facts filed by Defendant Allstate Insurance Company. (Welch, Donna) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

56

Joint MOTION for Extension of: Deadline for Filing Motions to Compel by Defendant Allstate Insurance Company. (Godsy, Michael) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

57

Consolidated Memorandum in Respect to the Parties' Cross Motions for Partial Summary Judgmentre: 52 Motion for Summary judgment by Plaintiff Equal Employment Opportunity Commission. (Miller, C.) Modified on 7/24/2006 (MCB). (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

58

MOTION to Compel Response to Interrogatories by Defendant Allstate Insurance Company. (Welch, Donna) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

59

MEMORANDUM in Support of Motion re 58 MOTION to Compel Response to Interrogatories filed by Defendant Allstate Insurance Company. (Welch, Donna) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

60

MOTION to Amend/Correct Case Management Order by Defendant Allstate Insurance Company. (Attachments: # 1 Exhibit Cirillo Transcript# 2 Exhibit Drapeau Transcript# 3 Exhibit Finley Transcript# 4 Exhibit Finley1 Transcript# 5 Exhibit Green Transcript# 6 Exhibit Guthrie Transcript# 7 Exhibit Sheff Transcript# 8 Exhibit Sheff1 Transcript# 9 Exhibit West Transcript# 10 Exhibit Part 1 Supp Interrogatories# 11 Exhibit Part 2 Supp Interrogatories# 12 Exhibit Part 3 Supp Interrogatories)(Godsy, Michael) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

61

REPLY to Response to Motion re 52 MOTION for Summary Judgment filed by Defendant Allstate Insurance Company. (Welch, Donna) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

62

MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Amend/Correct Case Management Order , 58 MOTION to Compel Response to Interrogatories by Plaintiff Equal Employment Opportunity Commission. (Johnson, Robert) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

Docket Text ORDER re 62 MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Amend/Correct Case Management Order , 58 MOTION to Compel Response to Interrogatories by Plaintiff Equal Employment Opportunity Commission. (Johnson, Robert) filed by Equal Employment Opportunity Commission, IT IS HEREBY ORDERED that plaintiff's motion for extension of time to file response/reply (#62) is GRANTED. Plaintiff shall file its response to defendant's motion to compel (#58) and defendant's motion to amend/correct the case management order (#60) no later than August 20, 2006.. Signed by Judge E. Richard Webber on 8−2−2006. (MLS, ) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

63

MEMORANDUM in Opposition re 60 MOTION to Amend/Correct Case Management Order PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO MODIFY CASE MANAGEMENT ORDER filed by Plaintiff Equal Employment Opportunity Commission. (Miller, C.) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

64

MEMORANDUM in Opposition re 58 MOTION to Compel Response to Interrogatories PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO INTERROGATORIES filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EX−A Answers−Interrogatories# 2 Exhibit EX−B Fourth Document Request# 3 Exhibit EX−C Letter of April 21 2006# 4 Exhibit EX−D Letter of April 28 2006# 5 Exhibit EX−E ANSWERS −2ND −SECOND−Interrogatories# 6 Exhibit EX−F ANSWERS−INTERROGATORIES)(Miller, C.) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

Docket Text ORDER: Counsel for all parties shall appear before this Court on September 1, 2006, at 11:00 a.m. for an in−court hearing on Defendant's Motion to Compel [doc. #58] and Defendant's Motion to Amend Case Management Order [doc. #60]. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

Docket Text ORDER: By agreement of all parties and this Court, the Motion Hearing of September 1, 2006 is reset to September 7th at 1:30 p.m. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

66

REPLY re 58 MOTION to Compel Response to Interrogatories filed by Defendant Allstate Insurance Company. (Attachments: # 1 Exhibit E# 2 Exhibit F# 3 Exhibit G# 4 Exhibit H# 5 Exhibit I)(Welch, Donna) Modified on 8/29/2006 (MCB). (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

67

Minute Entry for proceedings held before Judge E. Richard Webber : Motion Hearing held on 9/7/2006 re 58 MOTION to Compel Response to Interrogatories filed by Allstate Insurance Company and 60 MOTION to Amend/Correct Case Management Order filed by Allstate Insurance Company. Issues/Arguments heard. Order to issue. (Court Reporter or FTR Gold Operator initials: P. Dunn Wecke) (FTR Gold yes or no: no) (proceedings started: 1:30 p.m.) (proceedings ended: 2:30 p.m.) (JMW) (Entered: 09/08/2006)

Sept. 7, 2006

Sept. 7, 2006

68

ORDER − IT IS HEREBY ORDERED that Defendant's Motion to Compel is GRANTED and Plaintiff's objections are OVERRULED. Plaintiff shall have 30 days to respond to all interrogatories. IT IS FURTHER ORDERED that the Defendant's Motion to Modify the Case Management Order is held in abeyance pending parties filing a Joint Proposed Amended Case Management Order no later than September 25, 2006. IT IS FURTHER ORDERED that the November 6, 2006 trial setting is VACATED. The Court expects to rule on Plaintiff's Motion for Summary Judgment [doc. #42] and Defendant's Motion for Summary Judgment [doc. #52] in early October. Signed by Judge E. Richard Webber on 9/8/2006. (JMW) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

69

Joint Proposed Modified Case Management Order Related to Trial by Defendant Allstate Insurance Company. (Welch, Donna) Modified on 9/26/2006 (MCB). (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

71

Minute Entry for proceedings held before Judge E. Richard Webber : Telephone Status Conference held on 10/25/2006 re: depositions of claimants. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: no.) (proceedings started: 9:00.) (proceedings ended: 9:23.) (BAK, ) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

72

AMENDED CASE MANAGEMENT ORDER Dispositive Motions due by 1/2/2007. Jury Trial set for 3/19/2007 08:30 AM in Courtroom 12S before Honorable E. Richard Webber. Pretrial Conference set for 3/9/2007 01:30 PM in In Chambers before Honorable E. Richard Webber. Pretrial Compliance due by 2/28/2007. Motion in Limine due by 3/9/2007.. Signed by Judge E. Richard Webber on 11/1/06. (BAK, ) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

Case Details

State / Territory: Missouri

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 7, 2004

Closing Date: Jan. 14, 2013

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

Allstate Insurance Company (St. Louis, Missouri), 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

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - 2012

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits