Case: EEOC v. Federal Express, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed and summons(es) issued for Federal Express, Inc (Villanueva, William) (Entered: 06/28/2001)

CASE REFERRED to Magistrate Viktor V. Pohorelsky (Villanueva, William) (Entered: 06/28/2001)

AMENDED COMPLAINT by Equal Employment Opportunity Commission. [1−1] (Johnson, Tanya) (Entered: 07/16/2001)

DEMAND for jury trial by Equal Employment Opp. (As per doc #2) (Johnson, Tanya) (Entered: 07/16/2001)

LETTER dated 7/11/01 from Gregory B Richards, Esq., to Tynia Richards stating that this action has been reassigned to attorney Stephen R. Cochell, Esq. (Johnson, Tanya) (Entered: 07/17/2001)

Calendar entry: Pre−motion conference held before Judge Garaufis; Court Reporter: Marsha Diamond. Office of the Attorney General's Office, State of New York − Motion to intervene is granted. (Lee, Tiffeny) (Entered: 01/16/2002)

STIPULATION extending time for dft. to answer or respond to the complaint to 9/18/01 . (Signed by Judge Nicholas G. Garaufis on 8/30/01). C/M. (DiLorenzo, Krista) (Entered: 08/30/2001)

Calendar entry: Pre−motion conference held before Judge Garaufis on 9/11/01; ESR: Winnie Valentin. Dft motion to dismiss 9/25; opposition 16; reply 10/26; oral argument 11/2 @ 10:00. (Lee, Tiffeny) Modified on 10/01/2001 (Entered: 09/14/2001)

TRANSCRIPT filed for [6−1] Pre−Motion Conference before Judge Garaufis for dates of 9/11/01; Transcription Service: Transcription Plus II. (fwd'd to chambers) (Lee, Tiffeny) (Entered: 10/01/2001)

LETTER dated 9.24.01 from Dwayne Byrd, Esq. to Counsel apologizing for misunderstanding the Judge's directions regarding certain correspondence. (Lee, Tiffeny) (Entered: 10/09/2001)

LETTER dated 9.28.01 from AAG Tynia Richard, Esq. to Counsel advising that because of the attack on the WTC their current phone and fax numbers are inoperable and furnishing email address and cell phone number. (Lee, Tiffeny) (Entered: 10/10/2001)

ORDER granting application for extension of briefing schedule as follows: dft to serve motion to dismisss by 10/19; opposition papers by 11/29; reply by 12/14. (signed by Judge Nicholas G. Garaufis, on 10/10/01) {copies mailed} (Lee, Tiffeny) (Entered: 10/15/2001)

LETTER dated 10/19/01 from Traycee Ellen Klein, Esq. to Counsel furnishing motion to dismiss and supporting papers. {fwd'd to chambers} (Lee, Tiffeny) (Entered: 10/29/2001)

ORDER granting OAG's request to modify the motion to dismiss briefing schedule as follows: OAG's opposition served by 12/5; Dft's reply by 12/20. Control date for oral argument is set for 1/18/02 @ 11:00. Signed by Judge Nicholas G. Garaufis, on 11/27/01. See letter dated 11/26/01 from AAG Tynia Richards to Judge Garaufis. c/m {fwd'd to chambers} (Lee, Tiffeny) Modified on 11/27/2001 (Entered: 11/27/2001)

Intervenor's COMPLAINT by People of the State of New York against Federal Express, Inc. (Guzzi, Roseann) (Entered: 12/21/2001)

MOTION by Federal Express, Inc to dismiss and strike pltff's amended complaint ; Motion hearing set for 12/29/01 . (Lee, Tiffeny) (Entered: 01/16/2002)

MEMORANDUM by Federal Express, Inc in support of their [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

AFFIRMATION in support of dft by Federal Express, Inc's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

SUPPLEMENTAL AFFIRMATION in support of dft Federal Express, Inc's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

EEOC's MEMORANDUM of law in opposition to dft's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

AFFIDAVIT of Michael B. Ranis, Esq. on behalf of Equal Employment Opp in opposition to dft's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

REPLY MEMORANDUM OF LAW by Federal Express, Inc in further support of dft's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

ORDER granting dft's application for permission to file a reply memorandum of up to 15 pages. (signed by Judge Nicholas G. Garaufis, on 12/14/01) {C/M} (Lee, Tiffeny) (Entered: 12/19/2001)

DECLARATION of Tynia D. Richard, Esq. on behalf of People of the State in opposition to dft's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

Plaintiffs−Intervenors' MEMORANDUM of law in opposition to to dft's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

REPLY MEMORANDUM OF LAW by Federal Express, Inc in further support of dft's [16−1] motion to dismiss the complaint−in−intervention and motion to strike. (not the same as document # 25) (Lee, Tiffeny) (Entered: 01/16/2002)

AFFIRMATION of Stephen R. Cochell, Esq. on behalf of Federal Express, in support of dft's [16−1] motion to dismiss and strike pltff's amended complaint. (Lee, Tiffeny) (Entered: 01/16/2002)

Calendar entry: Oral argument held before Judge Garaufis on 1/18/2; ESR: Stephanie Drexler. Decision reserved. Pro hac vice motion granted for Stephen Cochell. (Lee, Tiffeny) (Entered: 01/22/2002)

LETTER dated 1/23/2 from Dwayne Byrd, Managing Director of Litigation to Judge Garaufis furnishing the latest People Manuel section regarding personnel appearance. (attachment) (returned to chambers) (Lee, Tiffeny) (Entered: 02/01/2002)

ORDER, for Stephen Cochell to appear pro hac vice; Fee #: $25.00, Receipt #: 257998 . Signed by Judge Nicholas G. Garaufis, on 2/21/2. c/m (Lee, Tiffeny) (Entered: 02/27/2002)

LETTER dated 4/8/2 from Michael Ranis, Esq. to Judge Garaufis regarding problem EEOC has experienced reconstructing its file in this case. (Lee, Tiffeny) (Entered: 04/15/2002)

LETTER dated 4/8/2 from Michael Ranis, Esq. to Judge Garaufis advising that the EEOC no longer requires the Court's intervention regarding file production from FedEx. (Lee, Tiffeny) (Entered: 04/15/2002)

MEMORANDUM and ORDER granting in part, denying in part [16−1] motion to dismiss and strike pltff's amended complaint: For the reasons stated in the Memorandum and Order, FedEx's motion to dismiss against the EEOC, construed by this court as a motion for summary judgment, is granted. FedEx's motion to strike Count IV of the complaint−in−intervention, brought pursuant to New York Executive Law 63:12, is granted. FedEx's motion is denied in all other respects. (signed by Judge Nicholas G. Garaufis, on 9/16/02). (Fahey, Lauren) (Entered: 09/27/2002)

MOTION for Reconsideration (EEOC's Motion for reconsideration of 9/16/2002 order) by Equal Employment Opportunity Commission. (Lee, Tiffeny) (Entered: 06/18/2003)

MOTION by Federal Express Corporation for reconsideration of the Court's [33−1] Memorandum &Order ; Motion hearing not set. (Lee, Tiffeny) (Entered: 10/08/2002)

MEMORANDUM by Federal Express Corporation in support of their [34−1] motion for reconsideration of the Court's [33−1] Memorandum &Order. (Lee, Tiffeny) (Entered: 10/08/2002)

MEMORANDUM by Federal Express, Inc in opposition to [34−1] motion for reconsideration of the Court's [33−1] Memorandum &Order. (Fahey, Lauren)

ORDER, endorsed on letter dated 11/12/02 from Stephen Cochell to Judge Garaufis: Application granted for a 3 day extension of time for Dft to file a reply memorandum in support of FedEx's Motion for Reconsideration. (signed by Judge Nicholas G. Garaufis, on 11/14/02). C/M. (Fahey, Lauren) (Entered: 11/15/2002)

Plaintiff−Intervenors' Memorandum of Law in opposition to dft's [34−1] motion for reconsideration. (Lee, Tiffeny) (Entered: 11/26/2002)

Declaration of Yynia D. Richard in opposition to dft's [34−1] motion for reconsideration. (Lee, Tiffeny) (Entered: 11/26/2002)

REPLY MEMORANDUM OF LAW by Federal Express, Inc in further of its [34−1] motion for reconsideration. (Lee, Tiffeny) (Entered: 11/26/2002)

NOTICE of attorney appearance for People of the State by Brian J. Kreiswirth. (Lee, Tiffeny) (Entered: 01/16/2003)

LETTER dated 3/24/03 from Brian Kreoswirth to Judge Garaufis, written to request a scheduling conference in the above case. (Dobkin, David) (Entered: 04/10/2003)

LETTER dated 4/7/03 from Traycee Ellen Klein to NGG opposing the request the court to hold discovery in abeyance until outstanding motions have been decided. (Glenn, Marilyn) (Entered: 04/15/2003)

LETTER dated Aprill 9, 2003 from Brian J, Kreiswirth, AAG to Judge Garaufis oppsing the OAG's 4/7/3 letter request to commence discovery. (fwd'd to NGG) (Lee, Tiffeny) (Entered: 04/28/2003)

MEMORANDUM &ORDER denying FedEx and the EEOC's motions for reconsideration.Signed by Judge Nicholas G. Garaufis on June 13, 2003. c/m (Lee, Tiffeny) (Entered: 06/17/2003)

ORDER: (Dft FedEx's) Stay application denied. So Ordered. Signed by Judge Nicholas G. Garaufis on June 30, 2003. Endorsed on 6/23 letter from Traycee Klein, Esq. to NGG. c/m(Lee, Tiffeny) (Entered: 07/07/2003)

Minute Entry for proceedings held before Nicholas G. Garaufis : Status Conference held on 7/18/2003. OAG to file amended complaint subject to FedEx agreement not to file motion to dismiss. (Court Reporter Holly Driscoll) (Lee, Tiffeny) (Entered: 07/23/2003)

Letter written to seek a stay pending clarification on how this matter will now proceed. (Dobkin, David) (Entered: 07/23/2003)

AMENDED COMPLAINT and Jury Demand against Federal Express, Inc., filed by People of the State of New York.(Lee, Tiffeny) (Entered: 07/24/2003)

Letter dated 7/7/2003 from AAG Kreiswirth to NGG requesting that FedEx be directed to answer the OAG's complaint−in−intervention w/i 30 from the date of this letter or 8/7/2003.. (Lee, Tiffeny) (Entered: 07/24/2003)

ANSWER and Defenses to Plaintiffs' First Amended Complaint and Jury Demand by Federal Express, Inc. (Lee, Tiffeny) (Entered: 08/26/2003)

DISCLOSURE of Interested Parties by Federal Express, Inc. (Lee, Tiffeny) (Entered: 08/26/2003)

ORDER setting a conference before the undersigned for 9/23/2003 @ 11:30 am. Signed by Judge Viktor V. Pohorelsky on 8/29/2003. (Lee, Tiffeny) (Entered: 09/03/2003)

ORDER granting counsel's application for adjournment of the 9/23/2003 conference. Conference is set for 9/30/2003 @ 2:00 p.m. Signed by Judge Viktor V. Pohorelsky. See 9/8 letter from Traycee E. Klein, Esq. to MJ Pohorelsky. (Lee, Tiffeny) (Entered: 09/16/2003)

Minute Entry for proceedings held before Viktor V. Pohorelsky: Discovery Hearing held on 9/30/2003. The next conference will be held 1/15/2004, 9:30 a.m. See calendar for rulings. (Lee, Tiffeny) (Entered: 10/07/2003)

ORDER setting a motion conference in the above case on 10/30/2003 at 10:30a.m. before Mag. Pohorelsky. Signed by Judge Viktor V. Pohorelsky on 10/15/2003. (Dobkin, David) (Entered: 10/20/2003)

ORDER, (endorsed on letter dated 10/21/03 from Traycee Klein to Mag. Pohorelsky), the conference is adjourned to 11/7/03 at 9:30. (Signed by Judge Viktor V. Pohorelsky on 10/3/03). (Piper, Francine) (Entered: 11/03/2003)

Minute Entry for proceedings held before Magistrate Judge Pohorelsky: Pre Motion Conference held on 11/7/2003. The intervention motion shall be briefed as follows: a) intervenors shall file (and submit courtesy copies to the court) the moving papers previously prepared at the earliest possible time; b) dft. shall file opposition by 12/8/03; c) intervenors shall file their reply by 1/8/04; d) oral argument shall be held at the conf. rescheduled below. The conf. is rescheduled for 1/22/04 at 9:30. (DiLorenzo, Krista) (Entered: 11/19/2003)

MOTION to Intervene by Christopher Polk, Michael Escoffery, Kenneth Dickens, Marvin Davis, Torricel Angelo. {proposed intervenors' complaint attached} (Lee, Tiffeny) Modified on 11/14/2003 (Lee, Tiffeny). (Entered: 11/14/2003)

MEMORANDUM in Support of 61 MOTION to Intervene by Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk. (Lee, Tiffeny) (Entered: 11/14/2003)

Affirmation of Counsel in Support of 61 MOTION to Intervene by Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk. (Lee, Tiffeny) (Entered: 11/14/2003)

Federal Express Corporation's MEMORANDUM in Opposition to Proposed 61 MOTION to Intervene. (Lee, Tiffeny) (Entered: 12/12/2003)

Affirmation of Counsel in Support of Federal Express Corporation's Memorandum in Opposition to Proposed Plaintiff−Intervenors' Motion to Intervene. (Lee, Tiffeny) (Entered: 12/12/2003)

ORDER : The deadlines are extended as requested herein. The oral argument is rescheduled to Monday, February 9, 2004 @ 3:00 p.m. Defendant shall notify all parties, see document for scheduling. Signed by Judge Viktor V. Pohorelsky. Endorsed on 12/11 letter from Stephen Cochell, Esq. to MJ Pohorelsky. (Lee, Tiffeny) (Entered: 01/14/2004)

Plaintiff−Intervenors' REPLY to Defendant's Opposition to Their Motion to Intervene, filed by Eric Steele, Esq. on behalf of Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk. W/Certificate of Service attached. (Latka−Mucha, Wieslawa) (Entered: 02/06/2004)

Minute Entry for proceedings held before Viktor V. Pohorelsky : Motion Hearing held on 2/9/2004 re 61 MOTION to Intervene filed by Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk. Report and recommendation reserved. Hearing on discovery motions made by plaintiff Office of the Attorney General and Defendant Federal Express. See annexed calendar. (Pohorelsky, Viktor) (Entered: 02/09/2004)

ORDER; Granting the application requesting an extention of time to serve plaintiff−intervenors' Reply to the defendant's opposition to the Motion to intervene also request that the plaintiff intervenors have until 01/23/04 to serve their reply . Signed by Judge Viktor V. Pohorelsky on undated. (Sica, Michele) (Entered: 02/11/2004)

ORDER; Granting the application for the request that the time for the parties to submit their doscovery dispute letters with the court be extended from 1/21/04 until 1/27/04 and that responsive letters, if any be submitted on 2/2/04. (see ltr dtd 1/21/04 by Traycee Ellen Klein) . Signed by Judge Viktor V. Pohorelsky on undated. (Sica, Michele) (Entered: 02/11/2004)

ORDER; GRANTING the application for additional time for Fedex to serve the meet and confer letters from 01/13/04 to 01/21/04 and an extention of responses to said letters from 01/21/04 to 01/28/04. (see ltr dtd 01/09/04) . Signed by Judge Viktor V. Pohorelsky on undated. (Sica, Michele) (Entered: 02/12/2004)

Letter dated 2/13/2004 from AAG Kreiswirth to MJ Pohorelsky submitting a list of citations re: attorney work product protection, Exhibits A−E. (Lee, Tiffeny) (Entered: 03/05/2004)

ORDER endorsed on letter dated 2/23/04 from Stephen Cochell to Mag. Pohorelsky. The conference is adjorned to 3/23/04 at 2:00 p.m. Defendant's counsel shall notify all parties. So Ordered. Signed by Judge Viktor V. Pohorelsky. (Black, Amanda) (Entered: 06/04/2004)

ORDER: The conference scheduled for 3/23/2004 is adjourned to 4/20/2004 @ 10:30 a.m. Signed by Judge Viktor V. Pohorelsky. Endorsed on 3/11 letter from Dwayne Byrd, Esq. to MJ Pohorelsky.(Lee, Tiffeny) (Entered: 05/24/2004)

Minute Entry for proceedings held before Viktor V. Pohorelsky : Settlement conference held on 4/20/2004. A settlement conference will be held on 5/20/04 @ 9:30 a.m. Individuals with plenary settlement authority must be available by telephone for all parties. The parties shall endeavor in good faith to provide information to each other as identified in conference with the court as promptly as possible regarding backpay calculations. (Drayton, Lorraine) (Entered: 04/28/2004)

MOTION for Limited Admission of Jeana M. Littrell by Federal Express, Inc.. (Lee, Tiffeny) (Entered: 08/16/2004)

Letter dated 3/16/04 from Brain J. Kreiswirth to Judge Pohorelsky Regarding requesting that the settlement conference be rescheduled from the current date of 3/23/04 to 3/29/04 or 4/5/04. (Drayton, Lorraine) (Entered: 05/06/2004)

Minute Entry for proceedings held before Viktor V. Pohorelsky : Status Conference held by telephone on 5/20/2004. Parties report progress regarding settlement. Settlement conference with court scheduled (see annexed calendar). (Pohorelsky, Viktor) (Entered: 05/20/2004)

Minute Entry for proceedings held before Viktor V. Pohorelsky : Settlement conference held on 7/14/2004. Next conference on 10/14/04 at 11:30 AM. (entered on 2/27/04)(Schillat, Louise) (Entered: 07/27/2004)

MOTION to Intervene by Nigel Loney. (Lee, Tiffeny) (Entered: 10/05/2004)

MEMORANDUM in Support of 104 MOTION to Intervene by Nigel Loney. (Lee, Tiffeny) (Entered: 10/05/2004)

REPORT AND RECOMMENDATIONS re 61 MOTION to Intervene filed by Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk Objections to RRdue by 8/19/2004. Signed by Judge Viktor V. Pohorelsky on 08/02/04. (Pohorelsky, Viktor) (Entered: 08/02/2004)

ORDER referring Nigel Loney's motion to intervene to Magistrate Judge Viktor V. Pohorelsky. Signed by Judge Nicholas G. Garaufis on July 29, 2004. c/em(Lee, Tiffeny) (Entered: 08/03/2004)

Letter dtd 10/28/03 to Magistrate Judge Viktor V. Pohorelsky from Natalie R. Williams, requesting that the Court explore the issue of settlement at the Nov. 7, 2003 conference. (Schillat, Louise) (Entered: 08/04/2004)

Letter dtd Jan. 26, 2004 to Magistrate Judge Viktor V. Pohorelsky, from Brian J. Kreiswirth, concerning discovery disputes. (filed with Exhibits A, B, C, D and E)(Schillat, Louise) (Entered: 08/10/2004)

Letter dtd Jan. 7, 2004 to Magistrate Judge Viktor V. Pohorelsky from Brian J. Kreiswirth, responding to defendant Federal Express Corporation's Motion to Intervene.(Schillat, Louise) (Entered: 08/10/2004)

Letter dtd Jan. 27, 2004 to Magistrate Judge Viktor V. Pohorelsky from Stephen Cochell, senior counsel for Federal Express. Pursuant to Local Civil Rule 37.3, FedEx sets out its position with respect to various discovery disputes. A copy of the Office of the Attorney General's responses to Fed Ex's interrogatories, document requests and privilege log, the relevant discovery materials, are attached. (filed with Exhibits A. B and C.)(Schillat, Louise) (Entered: 08/10/2004)

Letter dtd Feb. 2, 2004 to Magistrate Judge Viktor V. Pohorelsky from Stephen Cochell, responding to the Attorney General's correspondence dated 1/26/04, regarding discovery in this case. FedEx requests the OAG's requests be denied.(filed with Exhibits D, E and F.) (Schillat, Louise) (Entered: 08/10/2004)

Letter dtd 4/29/04 to Clerk of Court, enclosing check in amount of $25.00, for the filing fee of Jeana M Littrell's Pro Hac Motion. (Schillat, Louise) (Entered: 08/12/2004)

Letter dtd July 28, 2004 to Clerk of the Court from Henry L. Saurborn, Jr.informing the Court we are filing a Motion to Intervene on behalf of Mr. Nigel Loney. We request that it be referred for a Report and Recommendation to Magistrate Judge Pohorelsky. (Schillat, Louise) (Entered: 08/12/2004)

SCHEDULING ORDER: schedule for briefing of motion to intervene by Nigel Loney . Signed by Judge Viktor V. Pohorelsky on 08/13/2004. (Pohorelsky, Viktor) (Entered: 08/13/2004)

ORDER granting 91 Motion for Limited Admission by Jeana M. Littrell. Signed by JudgeViktor V. Pohorelsky on 08/18/04. (Pohorelsky, Viktor) (Entered: 08/18/2004)

OBJECTION to 80 Report and Recommendations Concerning Motion to Intervene by Federal Express, Inc.. (Klein, Traycee) (Entered: 08/19/2004)

AFFIDAVIT of Service for Objections to Magistrate's Report and Recommendation served on Eric Steele, Esq. on August 19, 2004, filed by Federal Express, Inc.. (Klein, Traycee) (Entered: 08/19/2004)

ORDER ADOPTING 80 Report and Recommendation of Magistrate Judge Viktor V. Pohorelsky; and, granting 61 Motion to Intervene filed by Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk. Signed by Judge Nicholas G. Garaufis on 9/9/2004. c/m; c/em(Lee, Tiffeny) (Entered: 09/10/2004)

ADMINISTRATIVE ORDER 2004−08: 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. C/EM; C/M (Lee, Tiffeny) (Entered: 09/10/2004)

Notice of MOTION to Intervene Opposition to Loney Motion by all defendants. (Littrell, Jeana) (Entered: 09/10/2004)

RESPONSE in Opposition re 61 MOTION to Intervene, 80 REPORT AND RECOMMENDATIONS re 61 MOTION to Intervene filed by Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk filed by Torricel Angelo. (Steele, Eric) (Entered: 09/20/2004)

AMENDED DOCUMENT by Federal Express, Inc.. Amendment to 97 Notice of MOTION to Intervene Opposition to Loney Motion . (Littrell, Jeana) (Entered: 09/24/2004)

REPLY to Response to Motion re 97 Notice of MOTION to Intervene Opposition to Loney Motion filed by Nigel Loney. (Saurborn, Henry) (Entered: 09/24/2004)

EXHIBIT: DHR Determination, by Torricel Angelo, Marvin Davis, Kenneth Dickens, Michael Escoffery, Christopher Polk..(Lee, Tiffeny) (Entered: 10/01/2004)