Case: EEOC v. Dreyfus Service Corporation

EEOC v. Dreyfus Service Corporation

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

Complaint filed and summons issued as to defendant(s) Dreyfus Service Corporation. Jury trial demanded.. Filed by Katherine E. Bissell on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Romano, Daniel) (Entered: 09/30/2002)

MOTION for Leave for Stephanie Wilson to Appear Pro hac vice by Dreyfus Service Corporation. (Mierzejewski, Elizabeth) (Entered: 01/21/2003)

MOTION for Leave for John Unkovic to Appear Pro Hac Vice by Dreyfus Service Corporation. (Mierzejewski, Elizabeth) (Entered: 01/21/2003)

NOTICE of Change of Address by Equal Employment Opportunity Commission. (Branciforte, Ralph) (Entered: 12/16/2002)

ORDER granting 5 Motion for Leave for Stephanie Wilson to Appear Pro Hac Vice. (Signed by Judge Denis R. Hurley on 12/4/02) cm (Mierzejewski, Elizabeth) (Entered: 01/21/2003)

ORDER granting 7 Motion for Leave for John C. Unkovic to Appear Pro Hac Vice. (Signed by Judge Denis R. Hurley on 12/4/02) cm (Mierzejewski, Elizabeth) (Entered: 01/21/2003)

ANSWER to Complaint by Dreyfus Service Corporation.(Mierzejewski, Elizabeth) (Entered: 12/31/2002)

DISCLOSURE of Interested Parties by Dreyfus Service Corporation.(Mierzejewski, Elizabeth) (Entered: 12/31/2002)

ORDER that a conference will be held on 3/12/03 @10:00 a.m. (Signed by Magistrate Judge Orenstein on 1/30/03) cm (Mierzejewski, Elizabeth) (Entered: 02/13/2003)

Letter dtd 2/12/03 from Counsel for defendant to Judge Orenstein re: Request that the initial conference presently scheduled for 3/12/03 be adjourned.. (Mierzejewski, Elizabeth) (Entered: 03/11/2003)

ORDER re 10 Letter requesting that the initial conference be adjourned is granted to 3/26/03 @11:30 a.m. (Signed by Magistrate Judge Orenstein on 2/24/03) cm (Mierzejewski, Elizabeth)

Set/Reset Hearings: Initial Conference set for 3/26/2003 11:30 AM before Magistrate-Judge Michael L. Orenstein. (Mierzejewski, Elizabeth)

Minute Entry Case called. for proceedings held before Michael L. Orenstein : Initial Conference Hearing held on 3/26/2003. (Mierzejewski, Elizabeth) (Entered: 04/04/2003)

SCHEDULING ORDER: Final Pretrial Conference set for 10/3/2003 11:00 AM before Magistrate-Judge Michael L. Orenstein. Discovery due by 10/31/2003. Motions due by 12/15/2003. (Signed by Magistrate Judge Orenstein on 3/26/03) cm(Mierzejewski, Elizabeth) (Entered: 04/04/2003)

Letter dtd. 9/30/03 from Louis Graziano, Trial Attorney to Mag. J. Orenstein informing the court of discovery status. (Barhome, Sydelle) (Entered: 10/23/2003)

Letter dated 10/2/03 from Paul P. Rooney to Magistrate Orenstein Re: in opposition to the EEOC's 9/30/03 request to depose Barbara K. Ross, Esq Senior Counsel Employee Relations, and to oppose the EEOC's request to recall three witnesses for deposition at Dreyfus's expense. (Imrie, Robert) (Entered: 10/16/2003)

Letter dtd. 10/2/03 from Paul P. Rooney to Mag. J. Orenstein dtd. 10/2/03 opposing Plf EEOC's 9/30/03 request to depose Barbara K. Ross, Esq. Senior Counsel, Employee Relations, and to oppose the EEOC's request to recall three witnesses for depostion at Dreyfus' expense. (Barhome, Sydelle) (Entered: 10/23/2003)

Minute Entry for proceedings held before Michael L. Orenstein : Interim Pretrial Conference held on 10/3/2003 @11:00. Expert reports shall be served by 11/30/03. Depositions below shall be held by 10/31/03. Dft shall produce Ms. Bosmet for deposition. If deposition is in person based upon defendant's decision,it will pay airfare of plf counsel to take depositon in Pittsburgh. If by telephone, dft counsel may not be present with witness unless plf representative. Such deposition shall be held. Application re: deposition of Ms. Ross is denied without prejudice to a renewal after receiving affidavit of Ms. Ross. One hour telephone deposition of one person re: reputation Pretrial Conference set for 12/5/2003 02:30 PM before Magistrate-Judge Michael L. Orenstein. (Barhome, Sydelle) (Entered: 10/23/2003)

Letter 10/21/03 from Louis Graziano to Magistrate Orenstein Re: the EEOC's application to depose defendant's in-house counsel Barbara Ross. (Imrie, Robert) (Entered: 10/23/2003)

Letter dated 10/22/03 from Paul P. Rooney to Magistrate Orenstein Re: in response to the EEOC's letter dated 10/21/03. (Imrie, Robert) (Entered: 10/23/2003)

ORDER re 18 Letter Motion that the Court set a briefing schedule allowing the EEOC to serve a brief on its request to depose Ross of no more than 10 pages on or before 10/28/ and that Dreyfus be given the opportunity to serve an answering brief of no more than 10 pages on or be for e 11/4/03. RULING: Counsel may submit no more than 10 page memoranda of law. Counsel shall be prepared to argue their portions on 12/5/03 @2:00 p.m.. Signed by Judge Michael L. Orenstein on 10/24/03. cm(Mierzejewski, Elizabeth)

LETTER dtd 11/7/03 from Counsel for Plaintiff to Paul Regarding Enclosed Notice of Motion with supporting papers.. (Mierzejewski, Elizabeth) (Entered: 11/18/2003)

MOTION to Compel the deposition of Barbara Ross pursuant to FRCP 37 by Equal Employment Opportunity Commission. (Imrie, Robert) (Entered: 12/03/2003)

Memorandum of Law in Support re 20 MOTION to Compel the deposition of Barbara Ross pursuant to FRCP 37 filed by Equal Employment Opportunity Commission. (Imrie, Robert) (Entered: 12/03/2003)

Memorandum of Law in Opposition re 20 MOTION to Compel the deposition of Barbara Ross pursuant to FRCP 37 filed by Dreyfus Service Corporation. (Imrie, Robert) (Entered: 12/03/2003)

Calendar Entry for proceedings held before Michael L. Orenstein on 12/5/03 at 2:30 p.m. for Civil Cause for Pretrial Conference. Next conference 1/23/04 at 11:30 a.m.; Set next conference set for 1/23/04 at 11:30 a.m. before Magistrate-Judge Michael L. Orenstein. Defts time to file letter seeking a pre-motion conference is extended to 1/15/04. Court directed defts to produce Ms. Bonnet for deposition by 12/17/03. Defts' shall produce both SRA's and provide them to pltff by 12/12/03. Deft shall submit the subject confidential memorandum for in camera review by 12/12/03. Deft expects to seek a pre-motion conference for summary judgment. (Fagan, Linda) (Entered: 01/15/2004)

Letter dated 12/12/03 from Paul P. Rooney to Magistrate Orenstein Re: in camera inspection of the 7/20/99 electronic mail message from Anita De Santis to Barbara K. Ross. (Imrie, Robert) (Entered: 12/16/2003)

Letter dated 12/24/03 from Louis Graziano to Magistrate Orenstein Re: The EEOC requests that any pre-motion letter currently due on 1/15/04 not be sent until after the EEOC has received responses to interrogatories and has an opportunity to determine whether additional discovery is necessary. (Imrie, Robert) (Entered: 01/05/2004)

Endorsed ORDER on 24 Letter. Court will discuss the requested extensionat the 1/23/04 at 11:30 a.m. conference. ( Signed by Judge Michael L. Orenstein on 1/7/04.) eod #24 (Fagan, Linda)

ORDER; At the conference and proceedings held before the undersigned on 12/5/03, this Court directed the deft to produce for in camera inspection a memorandum from Anita G. DeSantis to Barbard K. Ross, dated 7/20/99. The deft has furnished a copy of such memorandum to the Court. Rooney Letter, dated 12/12/03 (with enclosure). The memorandum reflects that Ms. DeSantis also addressed it to Audrey F. Bonnett with acc: to MaryBeth Leibig. Deft must identify the job functions of these individuals in July 1999 prior to this Court's ruling on whether deft's attorney-client privilege claim should be upheld. Deft shall provide the information prior to the next conference scheduled for 1/23/01 at 11:30 a.m. . Signed by Judge Michael L. Orenstein on 1/8/04. (Fagan, Linda) (Entered: 01/22/2004)

Letter from John C. Unkovic to Hon. Denis R. Hurley, dated 1/14/04 re: To request leave to file a summary judgment motion. (Fagan, Linda) (Entered: 01/20/2004)

Letter from Louis Graziano to Hon. Denis R. Hurley, dated 1/16/04 re: To respond to Deft's letter of 1/14/04 requesting leave to file a summary judgment motion. (Fagan, Linda) (Entered: 01/21/2004)

Letter dated 1/20/04 from Paul R. Rooney to Magistrate Orenstein Re: job functions of MaryBeth Leibig and Audrey F. Bonnett as of July 1999. (Imrie, Robert) (Entered: 01/22/2004)

Calendar Entry for proceedings held before Michael L. Orenstein on 1/23/04 at 11:30 a.m. for Civil Cause for Pretrial Conference. Next conference 3/1/04 at 11:30 a.m.; Set status conference for 3/1/04 at 11:30 a.m. before Magistrate-Judge Michael L. Orenstein; Discovery is complete. Curt determined the deft's claim of attorney-client privilege regarding the confidential memorandum. Court upheld claim of privilege. Court determined that deft produce an affidavit or testimony re: changes in the two SRAs, unless an opportunity to depose such person(s) on that issue has been offered. Counsel will renew application to Judge Hurley for the pre-motion conference. (Fagan, Linda) (Entered: 02/05/2004)

Letter from Stephanie Wilson to Hon. Denis R. Hurley, dated 1/29/04 re: To request leave to file a summary judgment motion on 1/14/04. (Fagan, Linda) (Entered: 02/02/2004)

LETTER MOTION dtd 2/6/04 from Counsel for Plaintiff to Judge Hurley Regarding Response to Defendant, Dreyfus Corporation's request for leave to file a summary judgment motion. The EEOC requests that the Court deny defendant's request to file a motion for summary judgment. (Mierzejewski, Elizabeth) (Entered: 02/10/2004)

LETTER MOTION dtd 2/24/04 from Counsel for Defendant to Judge Orenstein Regarding request for an adjournment of the conference scheduled for 3/1/04. (Mierzejewski, Elizabeth) (Entered: 03/11/2004)

ORDER granting the 33 Letter motion for an adjournment of the conference scheduled for 3/1/04. If pre-motion conference is scheduled court will adjourn or move its conference to the same date. Status Conference set for 3/30/2004 11:30 AM before Magistrate-Judge Michael L. Orenstein.. Signed by Judge Michael L. Orenstein on 2/24/04. cm(Mierzejewski, Elizabeth)

Letter (fax) from Stephanie Wilson to Hon. Michael L. Orenstein, U.S.M.J., dated 3/24/04 re: To advise the Court that the parties do not require another status conference at this time; and to request that the 3/3/04 status conferenc be adjourned. (Fagan, Linda) (Entered: 04/02/2004)

Endorsed ORDER on 34 Letter. Conference adjourned to 4/19/04 at 2:30 p.m. If a pre-motion conference is scheduled, the Court will reschedule the above conference to the date Judge Hurley fixes.( Signed by Judge Michael L. Orenstein on 3/25/04. ) c/m eod #34(Fagan, Linda)

ORDER the Court WAIVES the pre-motion conferenc requirement. the parties shall conform to the following briefing schedule: Defendant shall serve its proposed motion upon Plaintiff on or before 4/26/04;Plaintiffs shall serve their opposition to this motion 5/25/04; Defendant shall serve its reply upon Plaintiff on or before 6/8/04; Defendant shall file all papers, icluding courtesy copies for the Court on 6/8/04. The parties are advised that Court will not accept any motion papers filed prior to 6/8/04.. Signed by Judge Denis R. Hurley on 3/26/04. cm(Mierzejewski, Elizabeth) (Entered: 04/05/2004)

LETTER MOTION dtd 4/9/04 from Counsel for defendant to Judge Orenstein Regarding Request that the conference scheduled for 4/19/04 be cancelled because the parties believe it is no longer necessary. (Mierzejewski, Elizabeth) (Entered: 04/29/2004)

ORDER DENYING the 36 Letter Motion that the conference scheduled for 4/19/04 be cancelled. Application denied without prejudice to renew upon submission of the briefing schedule.. Signed by Judge Michael L. Orenstein on 4/15/04. cm(Mierzejewski, Elizabeth)

MINUTE ENTRY; Case called for proceedings held before Michael L. Orenstein : Status Conference held on 4/19/2004. Parties now have a briefing scheduled. Conferenca djourned. If all papers on motion were filed on 6/8/04, then this court will adjourn conference upon written request. Status Conference set for 6/11/2004 03:00 PM before Chief Magistrate Michael L. Orenstein. (Mierzejewski, Elizabeth) (Entered: 04/29/2004)

Letter from Paul P. Rooney to Hon. Denis R. Hurley, dated 6/8/04 re: To advise the Court of the submission of the enclosed courtesy copies of papers related to Dreyfus' motion for summary judgment. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corp. (Fagan, Linda) Modified on 6/17/2004 (Fagan, Linda). (Entered: 06/17/2004)

MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

MEMORANDUM OF LAW in Support re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

STATEMENT OF MATERIAL FACTS NOT IN DISPUTE PURS. TO LOCAL CIVIL RULE 56.1 in Support re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

DECLARATION of Paul P. Rooney, Esq. in Support re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

DECLARATION of Peter Horacek in Support re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

DECLARATION of Stephanie Pepitone in Support re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

MEMORANDUM OF LAW in Opposition re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Equal Employment Opportunity Commission. (Fagan, Linda) (Entered: 06/17/2004)

RESPONSE TO DEFT'S LOCAL RULE 56.1 STATEMENT re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Equal Employment Opportunity Commission. (Fagan, Linda) (Entered: 06/17/2004)

AFFIDAVIT of Manuella Gilmore re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Equal Employment Opportunity Commission. (Fagan, Linda) (Entered: 06/17/2004)

DECLARATION of Louis Graziano re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Equal Employment Opportunity Commission. (Fagan, Linda) (Entered: 06/17/2004)

DECLARATION of Louis Graziano re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Equal Employment Opportunity Commission. (Fagan, Linda) (Entered: 06/17/2004)

DECLARATION of Paul P. Rooney, Esq. in Support re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

REPLY MEMORANDUM OF LAW in Support re 39 MOTION for Summary Judgment to Dreyfus, purs. to Federal Rule of Civil Procedure 56. File date: 6/8/04; Service date: 4/26/04; Filed by Dreyfus Service Corporation. (Fagan, Linda) (Entered: 06/17/2004)

Letter from Paul P. Rooney to Hon. Michael L. Orenstein, dated 6/28/04 re: To request that the conference before this Court scheduled for 6/30/04 be cancelled because both parties believe it is no longer necessary. (Fagan, Linda) Modified on 7/19/2004 (Fagan, Linda). (Entered: 07/19/2004)

Endorsed ORDER on 52 Letter. Conference adjourned to 8/27/04 at 11:30 a.m. ( Signed by Judge Michael L. Orenstein on 6/29/04.) eod #52 (Fagan, Linda)

Letter MOTION to Adjourn Conference scheduled for 8/27/04 in light of the pending motion for summary judgment by Dreyfus Service Corporation. (Imrie, Robert) (Entered: 08/30/2004)

ORDER granting 53 Motion to Adjourn Conference: Conference adjourned to 10/22/04 at 2:00 p.m. Signed by JudgeMichael L. Orenstein on 8/25/04. c/m (Imrie, Robert)

RE; Doc #53 : You are required to file all original documents electronically. In the future, please ensure that all original documents in this action are filed electronically. Clearly marked hard copy-courtesy documents should be submitted to Chambers. Courtesy copies should also indicate that the original of the submitted document has already been electronically filed. (Imrie, Robert) (Entered: 08/30/2004)

Joint MOTION to Adjourn Conference re discovery by EEOC and by Dreyfus Service Corporation. (Rooney, Paul) (Entered: 10/20/2004)

ORDER granting 55 Motion to Adjourn Conference: Conference adjourned to 12/22/04 at 11:00 a.m. Signed by JudgeMichael L. Orenstein on 10/21/04. (Imrie, Robert) (Entered: 10/21/2004)

Set/Reset Hearings: Status Conference set for 12/22/2004 11:00 AM before Chief Magistrate Michael L. Orenstein. (Imrie, Robert)

Fourth MOTION to Adjourn Conference on Discovery by Dreyfus Service Corporation. (Rooney, Paul) (Entered: 12/15/2004)

ORDER granting 57 Motion to Adjourn Conference: Conference adjourned to 2/10/05 at 3:30 p.m. Signed by JudgeMichael L. Orenstein on 12/21/04. (Imrie, Robert) (Entered: 12/23/2004)

Set/Reset Hearings: Status Conference set for 2/10/2005 03:30 PM before Chief Magistrate Michael L. Orenstein. (Imrie, Robert)

ORDER: 39 Defendant's Motion for Summary Judgment is hereby GRANTED. The Clerk of Court is directed to CLOSE this case. Signed by Judge Denis R. Hurley on 3/8/05. (Entered: 03/08/2005)

CLERK'S JUDGMENT; That pltff take nothing of deft; and that deft's motion for summary judgment is granted. ( Signed by Lorraine Sapienza, Deputy Clerk, on 3/9/05. )(Fagan, Linda) (Entered: 03/10/2005)

Letter dated 3/9/05 from Paul P. Rooney to Magistrate Judge M. Orenstein Re: advising the Court that Judge Hurley issued a Memorand and Order granting summary judgment and ordering this case closed. (Imrie, Robert) (Entered: 03/14/2005)

ORDER re 61 Letter: Conference cancelled. Signed by Judge Michael L. Orenstein on 3/10/05. (Imrie, Robert)

BILL OF COSTS AND REQUEST TO TAX COSTS by Dreyfus Service Corporation. (Rooney, Paul) (Entered: 04/06/2005)

NOTICE OF APPEAL as to 60 Clerk's Judgment by Equal Employment Opportunity Commission. No Appeal Fee Paid. (Graziano, Louis) Modified on 5/9/2005 (Mahon, Cinthia). (Entered: 05/09/2005)

ORDER: the Court is in receipt of 62 Defendant's Bill of Costs, submitted pursuant to Federal Rule of Civil Procedure 54(b)(1) and Local Civil Rule 54.1; Local Rule 54.1(a) states in part: "Costs will not be taxed during the pendency of any appeal"; in light of 63 Plaintiff's recent Notice of Appeal, Defendant's request cannot be considered at this juncture; Defendant may renew the request upon final disposition of the appeal, as per Rule 54.1(a). Ordered by Judge Denis R. Hurley on 5/10/05.

USCA Scheduling Order as to 63 Notice of Appeal filed by Equal Employment Opportunity Commission,. Appeal Record due by 6/30/2005. Appellant's brief due by 7/7/05, appellee's brief by 8/8/05, argued not before 9/19/05. USCA 05-2271.(Romano, Daniel) (Entered: 06/13/2005)

MANDATE of USCA as to 63 Notice of Appeal filed by Equal Employment Opportunity Commission, dismissing the appeal by stipulation. Copy sent to chambers. (Romano, Daniel) (Entered: 02/01/2006)