Case: Binion v. Metropolitan Pier and Exposition Authority

1:94-cv-03814 | U.S. District Court for the Northern District of Illinois

Filed Date: June 22, 1994

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On June 22, 1994, four black employees working as janitors in the housekeeping department of the Metropolitan Pier and Exposition Authority filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 against their employer, a municipal corporation that manages convention and exposition activities at Chicago's Navy Pier and McCormick Place, in the United States District Court for the Northern District of Illinois. The plaintiffs, represented …

On June 22, 1994, four black employees working as janitors in the housekeeping department of the Metropolitan Pier and Exposition Authority filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 against their employer, a municipal corporation that manages convention and exposition activities at Chicago's Navy Pier and McCormick Place, in the United States District Court for the Northern District of Illinois. The plaintiffs, represented by private counsel, alleged racial discrimination. They specifically alleged that they were subject to a discriminatory disciplinary policy and sought injunctive relief and damages. They also alleged unequal employment opportunities in transfers, hours, and assignments as unscheduled walk-ins. Finally, they alleged verbal abuse and racial harassment.

On September 13, 1995, the court (Judge Brian Barnett Duff) granted the plaintiffs' motion for class certification. The class consisted of black janitors, with membership opening date of October 2, 1990 for Title VII claims and July 14, 1991 for Section 1981 claims. While conducting discovery the parties pursued settlement negotiations and on February 21, 1997, the court (Judge Charles R. Norgle Sr.) approved a settlement agreement. Under the agreement the class members, the class representatives, and their attorneys received a total of $1.2 million.

Summary Authors

Michael Perry (8/5/2010)

People


Judge(s)

Duff, Brian Barnett (Illinois)

Norgle, Charles Ronald Sr. (Illinois)

Attorney for Plaintiff

Patner, Marshall (Illinois)

Attorney for Defendant

Abram, Thomas G. (Illinois)

Nicolai, Michael Paul (Illinois)

Judge(s)

Duff, Brian Barnett (Illinois)

Norgle, Charles Ronald Sr. (Illinois)

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Documents in the Clearinghouse

Document

1:94-cv-03814

Docket

Binion v. Metropolitan Pier And Exposition Authority

May 29, 1997

May 29, 1997

Docket
14

1:94-cv-03814

Opinion (Granting motion to certify the class)

Sept. 12, 1995

Sept. 12, 1995

Order/Opinion

163 F.R.D. 163

Docket

Last updated March 12, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Civil cover sheet - Appearance(s) of Marshall Patner, Stephen G. Seliger, Peter Robert Sonderby as attorney(s) for plaintiffs with Rule 39 affidavits ( 1 summons(es) issued.) ( Documents: 1-1 through 1-6) (fce) (Entered: 06/23/1994)

June 22, 1994

June 22, 1994

RECEIPT regarding payment of filing fee paid; on 6/22/94 in the amount of $ 120.00, receipt # 437571. (fce) (Entered: 06/23/1994)

June 22, 1994

June 22, 1994

2

MINUTE ORDER of 7/11/94 by Hon. Brian Barnett Duff : Status hearing set for 08/25/94 at 9:30 a.m. Plaintiff's counsel to inform all other parties of the scheduled status. Mailed notice (tlm) (Entered: 07/12/1994)

July 11, 1994

July 11, 1994

3

ATTORNEY APPEARANCE for Metro Pier by Thomas G. Abram, Michael Paul Nicolai (tlm) (Entered: 07/14/1994)

July 12, 1994

July 12, 1994

4

RULE 39 Affidavit of Thomas G. Abram (tlm) (Entered: 07/14/1994)

July 12, 1994

July 12, 1994

5

RULE 39 Affidavit of Michael Paul Nicolai (tlm) (Entered: 07/14/1994)

July 12, 1994

July 12, 1994

6

MOTION by defendant to extend time to answer or otherwise plead to the complaint ; Notice of motion. (tlm) (Entered: 07/21/1994)

July 19, 1994

July 19, 1994

7

MINUTE ORDER of 7/19/94 by Hon. Brian Barnett Duff : Granting defendant's motion for an extension of time to 08/08/94 in which to answer or otherwise plead. [6-1] No notice (tlm) (Entered: 07/21/1994)

July 19, 1994

July 19, 1994

8

ANSWER TO PLAINTIFF'S COMPLAINT by Metro Pier. (tlm) (Entered: 08/09/1994)

Aug. 8, 1994

Aug. 8, 1994

9

NOTICE by plaintiffs of change of address; Notice of filling and proof of service. (tlm) (Entered: 08/15/1994)

Aug. 10, 1994

Aug. 10, 1994

10

MOTION by plaintiff for class certification . (tlm) (Entered: 09/09/1994)

Sept. 8, 1994

Sept. 8, 1994

11

MEMORANDUM by plaintiffs in support of class certification (Exhibits); Notice of filing and certificate of service. [10-1] (tlm) (Entered: 09/09/1994)

Sept. 8, 1994

Sept. 8, 1994

12

MEMORANDUM of law by Defendant Metro Pier and Exposition Authority in opposition to motion for class certification (Exhibits). [10-1] (tlm) (Entered: 09/23/1994)

Sept. 22, 1994

Sept. 22, 1994

13

REPLY MEMORANDUM by plaintiffs in support of their motion for class certification (Exhibits); Notice of filing. [10-1] (tlm) (Entered: 09/30/1994)

Sept. 29, 1994

Sept. 29, 1994

SCHEDULE set on 6/14/95 by Hon. Brian Barnett Duff : Settlement conference set for 3:00 7/11/95 . Mailed notice (ac) (Entered: 06/14/1995)

June 14, 1995

June 14, 1995

SCHEDULE set on 7/11/95 by Hon. Brian Barnett Duff : Settlement reset to conference set for 3:00 7/26/95 . Telephone notice (ac) (Entered: 07/11/1995)

July 11, 1995

July 11, 1995

SCHEDULE set on 7/26/95 by Hon. Brian Barnett Duff : Settlement conference held. Status hearing set to 9:30 9/11/95 . Telephoned notice (ac) (Entered: 07/27/1995)

July 26, 1995

July 26, 1995

SCHEDULE set on 8/27/95 by Hon. Brian Barnett Duff : Status hearing reset to 9:30 9/14/95 . Mailed notice (ac) (Entered: 08/27/1995)

Aug. 27, 1995

Aug. 27, 1995

14

MEMORANDUM OPINION (rmm) (Entered: 09/15/1995)

Sept. 12, 1995

Sept. 12, 1995

Clearinghouse
15

MINUTE ORDER of 9/13/95 by Hon. Brian Barnett Duff : Plaintiff's motion to certify the class [10-1] is granted. The class membership opening date is 10/02/90 for the Title VII claims and 07/14/91 for the section 1981 claims. Mailed notice (rmm) (Entered: 09/15/1995)

Sept. 13, 1995

Sept. 13, 1995

SCHEDULE set on 9/14/95 by Hon. Brian Barnett Duff : Status hearing held and continued to 9:30 11/20/95. Parties to file a joint status report before the next scheduled status date . No notice (ac) (Entered: 09/17/1995)

Sept. 14, 1995

Sept. 14, 1995

16

JOINT STATUS REPORT by plaintiffs, defendant (smm) (Entered: 11/21/1995)

Nov. 17, 1995

Nov. 17, 1995

SCHEDULE set on 11/20/95 by Hon. Brian Barnett Duff : Status hearing held and continued to 9:30 2/20/96. The court adopts the discovery plan as presented by parties . No notice (ac) (Entered: 11/20/1995)

Nov. 20, 1995

Nov. 20, 1995

SCHEDULE set on 2/21/96 by Hon. Brian Barnett Duff : Status hearing held and continued to 9:00 4/22/96 . No notice (ac) (Entered: 02/21/1996)

Feb. 21, 1996

Feb. 21, 1996

17

JOINT MOTION to extend discovery schedule by 60 days (Attachment); Notice of motion (ar) (Entered: 04/04/1996)

April 3, 1996

April 3, 1996

18

MINUTE ORDER of 4/3/96 by Hon. Brian Barnett Duff : Joint motion to extend discovery schedule by 60 days [17-1] is granted. Discovery cut off date is extended to 05/30/96 and expert discovery to be completed by 7/31/96. Telephoned notice (ar) (Entered: 04/04/1996)

April 3, 1996

April 3, 1996

SCHEDULE set on 4/22/96 by Hon. Brian Barnett Duff : Status hearing reset to 9:00 6/8/96 . Telephoned notice (ac) (Entered: 04/22/1996)

April 22, 1996

April 22, 1996

23

MOTION by plaintiffs for preliminary injunctive relief to prevent closure of defendant's Housekeeping Department . (Temporarily unavailable for docketing). (ar) Modified on 06/06/1996 (Entered: 06/06/1996)

May 9, 1996

May 9, 1996

24

MEMORANDUM by plaintiffs in support of motion for preliminary injunctive relief to prevent closure of defendant's Housekeeping Department [23-1]. (Temporarily unavailable for docketing). (ar) (Entered: 06/06/1996)

May 9, 1996

May 9, 1996

25

APPENDIX filed by plaintiff to their memorandum in support [24-1] of motion for preliminary injunctive relief to prevent closure of Housekeeping Department (1 vol.) (Temporarily unavailable for docketing). (ar) (Entered: 06/06/1996)

May 9, 1996

May 9, 1996

19

REPLY MEMORANDUM by plaintiffs in support of plaintiffs' motion for preliminary injunctive relief to prevent closure of Housekeeping Department (Attachments); Notice of filing (ar) (Entered: 05/21/1996)

May 21, 1996

May 21, 1996

26

MOTION by defendant for leave to file instanter its memorandum in excess of 15 pages ; Notice of motion. (Temporarily unavailable for docketing). (ar) Modified on 06/06/1996 (Entered: 06/06/1996)

May 28, 1996

May 28, 1996

27

MINUTE ORDER of 5/28/96 by Hon. Brian Barnett Duff : Granting defendant's motion for leave to file instanter its memorandum in excess of 15 pages [26-1]. No notice (ar) (Entered: 06/06/1996)

May 28, 1996

May 28, 1996

28

MEMORANDUM of law by defendant in opposition to motion for preliminary injunction [23-1]. (Temporarily unavailable for docketing). (ar) (Entered: 06/06/1996)

May 28, 1996

May 28, 1996

29

APPENDIX filed by defendant to its memorandum of law in opposition [28-1] to motion for preliminary injunction (1 vol.) (Temporarily unavailable for docketing). (ar) (Entered: 06/06/1996)

May 28, 1996

May 28, 1996

30

MINUTE ORDER of 5/28/96 by Hon. Brian Barnett Duff : Hearing held on plaintiff's motion for preliminary injunction to prevent closure of defendant's Housekeeping Department [23-1]. The motion [23-1] is denied. No notice (ar) (Entered: 06/06/1996)

May 28, 1996

May 28, 1996

20

MOTION by defendant for leave to file affidavit of Thomas Mobley ; Notice of motion (ar) (Entered: 06/04/1996)

May 30, 1996

May 30, 1996

21

MINUTE ORDER of 5/30/96 by Hon. Brian Barnett Duff : Granting defendant's motion for leave to file affidavit of Thomas Mobley [20-1]. No notice (ar) (Entered: 06/04/1996)

May 30, 1996

May 30, 1996

22

AFFIDAVIT of Thomas Mobley (Exhibits) (ar) (Entered: 06/04/1996)

May 30, 1996

May 30, 1996

31

MOTION by plaintiffs James Binion, Sheridan Clark, Willie Cousins, Oddie Greene, defendant Metro Pier to reschedule completion of discovery ; Notice of motion (smm) (Entered: 07/11/1996)

July 8, 1996

July 8, 1996

32

MINUTE ORDER of 7/9/96 by Hon. Brian Barnett Duff : The motion to reschedule completion of discovery is granted [31-1] and status set for 7/30/96 at 9:30 a.m. to report the status of settlement. No notice (smm) (Entered: 07/11/1996)

July 9, 1996

July 9, 1996

SCHEDULE set on 7/29/96 by Hon. Brian Barnett Duff : Status hearing reset to 9:00 8/21/96 . Telephoned notice (ac) (Entered: 07/29/1996)

July 29, 1996

July 29, 1996

SCHEDULE set on 8/21/96 by Hon. Brian Barnett Duff : Status hearing held and continued to 9:00 9/23/96 . No notice (ac) (Entered: 08/23/1996)

Aug. 21, 1996

Aug. 21, 1996

33

NOTICE by counsel for plaintiffs of change of address (ar) (Entered: 09/24/1996)

Sept. 19, 1996

Sept. 19, 1996

SCHEDULE set on 9/23/96 by Hon. Brian Barnett Duff : Status hearing held. Settlement conference set for 4:30 10/21/96 . No notice (ac) (Entered: 09/23/1996)

Sept. 23, 1996

Sept. 23, 1996

EXECUTIVE COMMITTEE ORDER of 10/10/96: Case reassigned to Hon. Charles R. Norgle. (nlf) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

SCHEDULE set on 10/22/96 by Hon. Charles R. Norgle Sr : Status hearing set for 9:30 10/31/96 . Mailed notice (ewf) (Entered: 10/22/1996)

Oct. 22, 1996

Oct. 22, 1996

SCHEDULE set on 10/31/96 by Hon. Charles R. Norgle Sr : Status hearing held and continued to 9:30 12/11/96 for report on settlement. No notice (ewf) (Entered: 11/01/1996)

Oct. 31, 1996

Oct. 31, 1996

SCHEDULE set on 12/9/96 by Hon. Charles R. Norgle Sr : Status hearing reset to to 9:30 12/13/96 . NO notice (ewf) (Entered: 12/09/1996)

Dec. 9, 1996

Dec. 9, 1996

36

AGREED MOTION for order preliminarily approving settlement and approving notice and claim form to class members (Exhibits); Notice of motion (ar) (Entered: 01/02/1997)

Dec. 12, 1996

Dec. 12, 1996

34

ORDER preliminarily approving settlement and notice and claim form to class members (ar) (Entered: 12/18/1996)

Dec. 13, 1996

Dec. 13, 1996

35

MINUTE ORDER of 12/13/96 by Hon. Charles R. Norgle Sr : Agreed motion for order preliminarily approving settlement and approving notice and claim form to class members is granted. Fairness hearing set for 10:30 am on 2/21/97. Mailed notice (ar) Modified on 12/19/1996 (Entered: 12/18/1996)

Dec. 13, 1996

Dec. 13, 1996

37

MOTION by plaintiffs for attorneys' fees and costs (1 vol.) (Exhibits); Notice of filing. (Temporarily unavailable for docketing.) (ar) Modified on 01/08/1997 (Entered: 01/08/1997)

Dec. 16, 1996

Dec. 16, 1996

38

FINAL JUDGMENT AND ORDER approving settlement agreement [36-1] (eav) (Entered: 02/25/1997)

Feb. 21, 1997

Feb. 21, 1997

39

MINUTE ORDER of 2/21/97 by Hon. Charles R. Norgle Sr : Enter final judgment and order approving settlement agreement. Status hearing (for deaf class members) set for 03/28/97 at 10:30 a.m. , terminating case Mailed notice (eav) (Entered: 02/25/1997)

Feb. 21, 1997

Feb. 21, 1997

40

WRITTEN communication between counsel and deaf claimants (Grammar Cook and Michael Denton) (Attachment) (ar) (Entered: 02/25/1997)

Feb. 21, 1997

Feb. 21, 1997

41

AGREED MOTION by plaintiffs for entry of final judgment (Exhibits); Notice of motion. (1 vol.) (ar) (Entered: 02/25/1997) shows the plaintiff's agreed order for a final judgment [41-1] as still pending. The motion was granted on 04/21/97 [39-1]. The clerk shall correct the record to so reflect. No notice (ar) (Entered: 05/14/1997)

Feb. 21, 1997

Feb. 21, 1997

42

MINUTE ORDER of 5/9/97 by Hon. Charles R. Norgle Sr : The clerk's docket shows the plaintiff's agreed order for a final judgment [41-1] as still pending. The motion was granted on 04/21/97 [39-1]. The clerk shall correct the record to so reflect. No notice (ar) (Entered: 05/14/1997)

May 9, 1997

May 9, 1997

43

TRANSCRIPT of proceedings for the following date(s): 05/29/97 Before Honorable Charles Ronald Norgle, Sr. (hp) (Entered: 05/30/1997)

May 29, 1997

May 29, 1997

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 22, 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black janitors who worked for or continued to work for the defendant.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Metropolitan Pier and Exposition Authority (Chicago, Cook), None

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,200,000

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

Black