Case: EEOC v. CINCINNATI BELL INFO

1:98-cv-00383 | U.S. District Court for the Southern District of Ohio

Filed Date: May 29, 1998

Closed Date: Oct. 24, 2006

Clearinghouse coding complete

Case Summary

In May 1998, the Cleveland office of the EEOC brought this class action suit against Cincinnati Bell Info et al. in the U.S. District Court for the Southern District of Ohio for violation of Title VII and the Equal Pay Act. From the Consent Decree it appears that the Defendant discriminated against female employees, by denying them service credit for the period they were on maternity leave, and thus affecting their retirement benefits.The consent decree was approved by the court in January 2001…

In May 1998, the Cleveland office of the EEOC brought this class action suit against Cincinnati Bell Info et al. in the U.S. District Court for the Southern District of Ohio for violation of Title VII and the Equal Pay Act. From the Consent Decree it appears that the Defendant discriminated against female employees, by denying them service credit for the period they were on maternity leave, and thus affecting their retirement benefits.

The consent decree was approved by the court in January 2001. After objections to the class by potential class members at the fairness hearing, the court issued a final order dismissing the charging party's Rule 23 and Rule 19(a) claims. The Consent Decree required the Defendant to: restore service credit which was deducted from women who took maternity leave, allow class members to retire based on their updated service credit, and provide a lump sum payment to class members who were wrongly denied a more favorable retirement plan. Additionally, the Defendant would post notice of the settlement, mail notice to all class members, and publish the notice in local papers.

Summary Authors

Keri Livingston (6/7/2007)

Documents in the Clearinghouse

Document

1:98-cv-00383

Docket

EEOC v. Cincinnati Bell Info, et al.

Nov. 20, 2001

Nov. 20, 2001

Docket
37

1:98-cv-00383

Consent Decree

EEOC v. Cincinnati Bell Information Systems Inc. et al.

Aug. 14, 2000

Aug. 14, 2000

Settlement Agreement

Resources

Docket

Last updated Jan. 25, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summonses issued) ( no. pgs: 10) (wam) (Entered: 06/02/1998)

May 29, 1998

May 29, 1998

2

ORDER by Judge Sandra S. Beckwith Case referred to Mag. Judge Timothy S. Hogan (cc: all counsel) ( no pgs: 2) (tt) (Entered: 06/04/1998)

June 4, 1998

June 4, 1998

3

MOTION for leave to intervene (as a pltf.) by Suzanne Barnett (no pgs: 2) (mb) (Entered: 06/22/1998)

June 22, 1998

June 22, 1998

4

Stipulation and ORDER by Judge Sandra S. Beckwith and parties granting motion for leave to intervene [3-1] by Suzanne Barnett ; Pltf- Intervenor to file and serve proposed complaint in intervention within thirty days of the date of this Order (cc: all counsel) ( no pgs: 2) (tt) (Entered: 06/23/1998)

June 23, 1998

June 23, 1998

5

ATTORNEY APPEARANCE for defendants CWA AFL-CIO CLC, CWA Local 4400, and CWA Local 4401 by David Marvin Cook, Timothy Michael Burke, and Rhonda S Frey ( no pgs: 3) (tt) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

6

MOTION by defendants CWA AFL-CIO CLC, CWA Local 4400, and CWA Local 4401 for admission of attorney Mary K. O'Melveny pro hac vice ( no pgs: 5+Proposed Order and Receipt #401269 in the amount of $50.00 for payment of application fee) (tt) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

7

ORDER by Judge Sandra S. Beckwith granting motion for admission of attorney Mary K. O'Melveny pro hac vice [6-1] (cc: all counsel) ( no pgs: 2) (tt) (Entered: 07/08/1998)

July 8, 1998

July 8, 1998

8

INTERVENOR'S COMPLAINT by intervenor-plaintiff Suzanne Barnett ( no pgs: 17) (ls) (Entered: 07/13/1998)

July 10, 1998

July 10, 1998

9

Stipulation and ORDER by Judge Sandra S. Beckwith :extending time until 9/11/98 for defts to respond to complaint in intervention (cc: all counsel) ( no pgs: 2) (ph) (Entered: 07/30/1998)

July 30, 1998

July 30, 1998

10

ANSWER by defendant CWA AFL-CIO CLC, defendant CWA Local 4400, defendant CWA Local 4401 ( no pgs: 7) (ls) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

11

UNOPPOSED MOTION by defendants CWA AFL-CIO CLC, CWA Local 4400 and CWA Local 4401 for order realigning CWA dfts as party plaintiffs ( no pgs: 2) (ls) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

12

AGREED ORDER by Judge Sandra S. Beckwith granting motion for order realigning CWA dfts as party plaintiffs [11-1] (cc: all counsel) ( no pgs: 4) (ph) (Entered: 08/13/1998)

Aug. 13, 1998

Aug. 13, 1998

13

ANSWER by defendants ; No jury demand ( no pgs: 5) (tt) (Entered: 09/14/1998)

Sept. 11, 1998

Sept. 11, 1998

14

ANSWER to Complaint in Intervention by defendants ; No jury demand ( no pgs: 8) (tt) (Entered: 09/14/1998)

Sept. 11, 1998

Sept. 11, 1998

15

NOTICE of scheduling conf 10:00 10/30/98 before M.J. Hogan (cc: all counsel) (ls) (Entered: 09/28/1998)

Sept. 24, 1998

Sept. 24, 1998

16

MOTION by plaintiff EEOC to file first amended complaint ( no pgs: 4+Amended Complaint) (tt) (Entered: 10/20/1998)

Oct. 19, 1998

Oct. 19, 1998

17

Stipulation and ORDER by Mag. Judge Timothy S. Hogan and parties ; Plaintiff-Intervenor Suzanne Barnett has to 2/4/99 for filing a motion for class certification (cc: all counsel) ( no pgs: 2) (tt) (Entered: 11/03/1998)

Nov. 3, 1998

Nov. 3, 1998

18

CALENDAR ORDER by Mag. Judge Timothy S. Hogan ; Trial scheduled for 11/00 ; Specific trial date to be assigned by the District Court ; Discovery ddl for liability only set for 10/1/99 ; Discovery ddl for damages only set for 10/1/00 ; Final pretrial conf scheduled for 10/00 ; Specific fptc date to be assigned by the District Court ; Mtn filing ddl set for 12/1/99 ; Pltfs expert witnesses and expert reports ddl set for 6/1/00 ; Defts expert witnesses and expert reports ddl set for 8/1/00 ; Notice of Rule 26 Compliance due 8/10/00 ; Parties to exchange witness list and summary by 9/29/00 , and ; A/complaint ddl set for 1/31/99 (cc: counsel) ( no pgs: 1) (tt) (Entered: 11/04/1998)

Nov. 4, 1998

Nov. 4, 1998

19

ORDER by Mag. Judge Timothy S. Hogan granting motion to file first amended complaint [16-1] (cc: all counsel) ( no pgs: 2) (lw) (Entered: 11/25/1998)

Nov. 25, 1998

Nov. 25, 1998

20

AMENDED COMPLAINT by plaintiff EEOC; jury demand ( no pgs: 9+) (lw) (Entered: 11/25/1998)

Nov. 25, 1998

Nov. 25, 1998

21

MOTION by intervenor-plaintiff Suzanne Barnett to extend time to 4/5/99 for filing motion for class certification ( no pgs: 2) (tt) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

22

ORDER by Mag. Judge Timothy S. Hogan granting motion to extend time to 4/5/99 for filing motion for class certification [21-1] (cc: all counsel) ( no pgs: 1) (tt) (Entered: 02/03/1999)

Feb. 3, 1999

Feb. 3, 1999

23

SECOND MOTION by intervenor-plaintiff Suzanne Barnett to extend time from 4/5/99 to 6/4/99 for filing motion re class certification ( no pgs: 2) (tt) (Entered: 03/31/1999)

March 31, 1999

March 31, 1999

24

ORDER by Mag. Judge Timothy S. Hogan granting motion to extend time from 4/5/99 to 6/4/99 for filing motion re class certification [23-1] (cc: all counsel) ( no pgs: 1) (tt) (Entered: 04/30/1999)

April 30, 1999

April 30, 1999

25

SECOND MOTION by intervenor-plaintiff Suzanne Barnett to extend time to 8/4/99 for filing motion for class certification ( no pgs: 2) (tt) (Entered: 06/07/1999)

June 4, 1999

June 4, 1999

26

ORDER by Mag. Judge Timothy S. Hogan granting motion to extend time for filing motion for class certification [25-1] ; Plaintiff-Intervenor Suzanne Barnett has to 8/31/99 for filing motion for class certification (cc: all counsel) ( no pgs: 2) (tt) (Entered: 08/11/1999)

Aug. 11, 1999

Aug. 11, 1999

27

MOTION by intervenor-plaintiff Suzanne Barnett to extend the current class certification ddl of 8/31/99 to 10/31/99 ( no pgs: 2) (tt) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

28

ORDER by Mag. Judge Timothy S. Hogan granting motion to extend the current class certification ddl of 8/31/99 to 10/31/99 [27-1] (cc: all counsel) ( no pgs: 2) (tt) (Entered: 09/03/1999)

Sept. 3, 1999

Sept. 3, 1999

29

ATTORNEY SUBSTITUTION: terminating attorneys Rhonda S Frey and Timothy Michael Burke for CWA AFL-CIO CLC, AFL-CIO Local 4401, and AFL-CIO Local 4400 and substituting attorney David M Cook ( no pgs: 3) (tt) (Entered: 02/24/2000)

Feb. 23, 2000

Feb. 23, 2000

30

NOTICE of hearing ; Final pretrial/settlement conference set for 10:00 11/3/00 ; Trial for 1:00 11/27/00 ; All discovery regarding liability should now be complete ; All discovery regarding damages must be completed by 10/1/00 ; Motions for summary judgment were due by 12/1/99 ; Case is 1st on trailing docket ; Trial packet was mailed to all counsel (cc: all counsel) (tt) (Entered: 03/02/2000)

March 2, 2000

March 2, 2000

31

MOTION by intervenor-plaintiff Suzanne Barnett to amend complaint ; Motion is not opposed by any party ( no pgs: 3 + Proposed Amended Intervenor Complaint) (tt) Modified on 06/15/2000 (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

32

MOTION by plaintiff EEOC to file second amended complaint with jury demand instanter ; Motion is supported by all of the parties and proposed parties to this action ( no pgs: 7 + Proposed Second Amended Complaint With Jury Demand) (tt) Modified on 06/15/2000 (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

33

JOINT MOTION by plaintiff EEOC and defendants for approval and entry of attached consent decree ; Counsel for plaintiff-intervenor and plaintiff Communication Workers of America are in agreement and have no objections ( no pgs: 4+Proposed Consent Decree) (tt) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

34

JOINT MOTION by all parties for preliminary approval of the settlement, approval of forms of notice to class members, and scheduling of a fairness hearing ( no pgs: 19+Proposed Settlement Agreeme) (tt) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

35

NOTICE of hearing setting conference on motion for approval and entry of consent decree [33-1] and motion for preliminary approval of class settlement [34-1] at 10:00 8/1/00 before Judge Sandra S Beckwith in Room 810 (cc: all counsel) (tt) (Entered: 06/28/2000)

June 28, 2000

June 28, 2000

36

JOINT MOTION (REVISED) for preliminary approval of class settlement () (mb) (Entered: 08/14/2000)

Aug. 14, 2000

Aug. 14, 2000

37

CONSENT DECREE & ORDER by Judge Sandra S. Beckwith granting motion for approval and entry of attached consent decree. [33-1] (cc: all counsel) ( no pgs: 26) (mb) (Entered: 08/14/2000)

Aug. 14, 2000

Aug. 14, 2000

Clearinghouse
38

ORDER certifying class, Preliminarily approving class settlement, Notice to class members and Scheduling of fairness hearing by Sandra S. Beckwith. This court conditionally certifies this action as a class action and designates Suzanne Barnett as the rep. Fairness hearing is set for December 4, 2000 @ 9:00 a.m. [36-1] (cc: all counsel) (no pgs: 10) (mb) (Entered: 08/14/2000)

Aug. 14, 2000

Aug. 14, 2000

39

NOTICE OF INTENT/OBJECTIONS by Linda L Asher to Settlement Agreement being considered at the Final Approval and Fairness Hearing scheduled for 12/4/00 [38-1] ; Ms Asher plans to attend the Hearing ( no pgs: 2+) (tt) (Entered: 09/12/2000)

Sept. 11, 2000

Sept. 11, 2000

40

OBJECTIONS to the proposed settlement by Linda J. Maxey (no pgs: 4+exhs.) (mb) (Entered: 10/30/2000)

Oct. 30, 2000

Oct. 30, 2000

41

NOTICE by defendants of compliance with class notice procedures (no pgs: 7) (mb) Modified on 11/30/2000 (Entered: 11/30/2000)

Nov. 30, 2000

Nov. 30, 2000

42

JOINT RESPONSE to objections to proposed class [40-1], to [39-1] ( no pgs: 22+exhs.) (mb) (Entered: 11/30/2000)

Nov. 30, 2000

Nov. 30, 2000

43

CIVIL MINUTES: Fairness hearing held before Judge Sandra S. Beckwith. Conditions of proposed settlement outlined by counsel. Objectors: Linda Asher, Linda Maxey, Gerald Reece, & Alice Kendal Thomas (Asher & Maxey stated reasons for objections in open court). Matter taken under submission. M.A. Ranz (Official), Ct. Rptr. (no pgs: 1) (mb) (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

44

TRANSCRIPT filed of Fairness Hearing held on 12/4/00 before Judge Sandra S Beckwith ; Mary Ann Ranz Official Court Reporter ( no pgs: 43) (tt) (Entered: 12/11/2000)

Dec. 11, 2000

Dec. 11, 2000

45

ORDER OF FINAL APPROVAL by Judge Sandra S. Beckwith regarding the Settlement Agreement and Consent Decree (cc: all counsel) ( no pgs: 16) (tt) (Entered: 01/08/2001)

Jan. 8, 2001

Jan. 8, 2001

NOTATION ORDER by Judge Sandra S. Beckwith granting motion to file second amended complaint with jury demand instanter ; Motion is supported by all of the parties and proposed parties to this action [32-1] (cc: all counsel) (mb) (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

46

SECOND AMENDED COMPLAINT by plaintiff (no pgs: 13+exhs.) (cmtc) (mb) (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

NOTATION ORDER by Judge Sandra S. Beckwith granting motion to amend complaint ; Motion is not opposed by any party [31-1] (cc: all counsel) (mb) (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

47

AMENDED COMPLAINT in intervention (no pgs: 15) (cmtc) (mb) (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

48

NOTICE by parties regarding completion of the settlement agreement and consent decree ( no pgs: 4+Proposed Final Order) (tt) (Entered: 10/18/2001)

Oct. 17, 2001

Oct. 17, 2001

49

FINAL ORDER by Judge Sandra S. Beckwith approving the Settlement Agreement and dismissing plaintiff-intervenors Rule 23 claims with prejudice terminating case , and terminating case referral to Mag. Judge Timothy S. Hogan (cc: all counsel) ( no pgs: 3) (tt) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

50

JOINT MOTION by the parties to amend Final Order of Dismissal ( no pgs: 4) (tt) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

51

AMENDED FINAL ORDER OF DISMISSAL by Judge Sandra S. Beckwith of plaintiff-intervenor's Rule 23 claims and Rule 19(a) plaintiffs claims (cc: all counsel) ( no pgs: 3) (tt) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: May 29, 1998

Closing Date: Oct. 24, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Employees Benefit Claim Review Committee For The Cincinnati Bell Pension Plan, Private Entity/Person

Employee Benefit Committee For The Cincinnati Bell Pension Plan, Private Entity/Person

Cincinnati Bell Pension Plan, Private Entity/Person

Cincinnati Bell Telephone Company, Private Entity/Person

Cincinnati Bell Telephone Inc, Private Entity/Person

Cincinnati Bell Information System , Private Entity/Person

Communication Workers of America, AFL-CIO, CLC Local 4401, Private Entity/Person

Communication Workers of America, AFL-CIO, CLC Local 4400, Private Entity/Person

CWA AFL-CIO CLC, Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: 2001 - 2006

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Monitoring

Issues

Discrimination-area:

Disparate Treatment

Pay / Benefits

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit