University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Kramer v. New Orleans Saints EE-LA-0110
Docket / Court 2:01-cv-02451-EEF ( E.D. La. )
State/Territory Louisiana
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On August 13, 2001, two female employees of the New Orleans Saints Organization filed a lawsuit against the New Orleans Saints, its owner, and two of its partner corporations. Represented by private counsel, the plaintiffs alleged various violations of Title VII of the Civil Rights Act of 1964, the ... read more >
On August 13, 2001, two female employees of the New Orleans Saints Organization filed a lawsuit against the New Orleans Saints, its owner, and two of its partner corporations. Represented by private counsel, the plaintiffs alleged various violations of Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act of 1963, and the Fair Labor Standards Act (FLSA). One of the two plaintiffs also alleged violations of the Family & Medical Leave Act of 1993 (FMLA). The plaintiffs sought declaratory relief under 28 U.S.C. Section 2201 and 28 U.S.C. Section 2202 as well as injunctive relief.

With respect to the Civil Rights Acts and the Equal Pay Act, the plaintiffs sought to restrain the defendants (1) from imposing on their female employees unequal standards of discipline and evaluation, (2) from adversely impacting the female employees via the defendants' "restructuring" of the New Orleans Saints organization, (3) from denying female employees promotional opportunities and equal pay opportunities, (4) from maintaining a hostile workplace, (5) from sexual harassing the female employees, and (6) from retaliating against plaintiffs because of the exercise of their civil rights.

With respect to the FLSA, the plaintiffs alleged that they frequently worked over forty hours a week but received either no additional compensation for those hours or insufficient compensation for those hours, in violation of the overtime provisions of Section 207. Plaintiffs further alleged that defendants failed and/or refused to keep the appropriate records regarding employee overtime, in violation of the record-keeping requirements of Section 211(c).

With respect to the FMLA, the plaintiff alleged that defendants intentionally interfered with and/or restrained or denied the exercise (or attempted exercise) of rights to which she was entitled under FMLA. The plaintiff asked the court to secure the protection of and redress the deprivation of her rights under the act, seeking restitution of all rights, privileges, benefits, and income that would have been received by her but for defendants' practices.

On May 30, 2002, the court denied plaintiffs' motion to extend deadlines for class certification. The plaintiffs had moved to extend the deadline for the filing of a class motion twice before, which the court had granted both times. The court denied this third motion, finding that the plaintiffs had "demonstrated a lack of interest in aggressively pursuing the interests of the putative class in matters of discovery and class certification" in violation of FRCP 23(a)(4), which requires that the representative parties will fairly and adequately protect the interests of the class.

On November 12, 2003, the parties successfully negotiated a confidential settlement agreement, and the District Court for the Eastern District of Louisiana (Judge Eldon E. Fallon) dismissed the case without costs and without prejudice. On January 2, 2004, the court ordered dismissal of all of the defendants with prejudice. Subsequently, the law firm that had represented the plaintiffs from the start of the action until shortly after an unsuccessful settlement conference in February 2003 filed a Motion for Leave of Court to Reopen Case and to File Intervention. The court denied this motion on February 12, 2004, holding that the law firm failed to provide a basis to accomplish re-opening the case in the face of the prior dismissal with prejudice and that the law firm failed to satisfy the timeliness requirements of filing a motion to intervene provided under FRCP 24(a).

Jordan Rossen - 06/26/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Discipline
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Seniority
Discrimination-basis
Pregnancy discrimination
Sex discrimination
General
Pattern or Practice
Retaliation
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Equal Pay Act, 29 U.S.C. § 206(d)
Defendant(s) New Orleans Saints
Plaintiff Description Two female employees of the New Orleans Saints organization who were allegedly discriminated against because of their gender, including pregnancy discrimination, sexual harassment, hostile workplace environment, and retaliation in employment.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:01-cv-02451-EEF (E.D. La.) 02/12/2004
EE-LA-0110-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/13/2001
EE-LA-0110-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 11/26/2001
EE-LA-0110-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Compel Discovery 03/28/2002 (E.D. La.)
EE-LA-0110-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Plaintiffs' Motion to Extend Deadlines for Class Certification 05/30/2002 (2002 WL 1163619) (E.D. La.)
EE-LA-0110-0010.pdf | WESTLAW | Detail
Document Source: Westlaw
Second Amended Complaint 06/19/2002
EE-LA-0110-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint 11/04/2002
EE-LA-0110-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion for Protective Order 02/13/2003 (E.D. La.)
EE-LA-0110-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Orders Disposing of Two Plaintiffs' Motions to Compel 07/30/2003 (E.D. La.)
EE-LA-0110-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Motion to Compel Deposition Testimony 08/13/2003 (E.D. La.)
EE-LA-0110-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 11/11/2003
EE-LA-0110-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion to Reopen Case and to Intervene 02/12/2004 (2004 U.S.Dist.LEXIS 1934) (E.D. La.)
EE-LA-0110-0011.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Fallon, Eldon E. (E.D. La.)
EE-LA-0110-0009 | EE-LA-0110-0010 | EE-LA-0110-0011 | EE-LA-0110-9000
Roby, Karen Wells (E.D. La.) [Magistrate]
EE-LA-0110-0005 | EE-LA-0110-0005 | EE-LA-0110-0005 | EE-LA-0110-0006 | EE-LA-0110-0007 | EE-LA-0110-0008
Monitors/Masters None on record
Plaintiff's Lawyers Alfortish, Sean D. (Louisiana)
EE-LA-0110-9000
Ellis, Michael Hudson (Louisiana)
EE-LA-0110-9000
Pannell, Patricia (Louisiana)
EE-LA-0110-0001 | EE-LA-0110-0002 | EE-LA-0110-0003 | EE-LA-0110-9000
Perrone, Paula (Louisiana)
EE-LA-0110-0001 | EE-LA-0110-0002 | EE-LA-0110-0003 | EE-LA-0110-0004 | EE-LA-0110-9000
Defendant's Lawyers Lanusse, Leslie A. (Louisiana)
EE-LA-0110-9000
Meerveld, Janis Van (Louisiana)
EE-LA-0110-9000
Other Lawyers None on record

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