Case: Jackson v. New York Telephone Co.

1:94-cv-03272 | U.S. District Court for the Southern District of New York

Filed Date: May 5, 1994

Closed Date: 1997

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Case Summary

On May 5, 1994, a group of former New York Telephone Company employees aged 40 or older filed a lawsuit under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq., and the New York Human Rights Law, Executive Law § 290 et seq. against defendants New York Telephone Company ("NYT") and NYNEX Corporation ("NYNEX") in the U.S. District Court for the Southern District of New York, Foley Square Division. Due to lack of complaint, we are not sure about the specific claims hel…

On May 5, 1994, a group of former New York Telephone Company employees aged 40 or older filed a lawsuit under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq., and the New York Human Rights Law, Executive Law § 290 et seq. against defendants New York Telephone Company ("NYT") and NYNEX Corporation ("NYNEX") in the U.S. District Court for the Southern District of New York, Foley Square Division. Due to lack of complaint, we are not sure about the specific claims held by the plaintiffs.

On September 22, 1995, the district court (Judge John G. Koeltl) granted the plaintiffs' motion and ordered the defendants to provide the plaintiffs with name and last known address of potential class members for class action lawsuit under Age Discrimination in Employment Act and ERISA. Jackson v. New York Telephone Co., 163 F.R.D. 429 (S.D.N.Y. 1995).

According to the docket, on January 28, 1997, the district court (Judge Koeltl) approved the settlement reached between the parties. However, due to lack of the settlement agreement, we are not sure about the details of the agreement.

Summary Authors

Kunyi Zhang (8/31/2010)

People


Judge(s)

Koeltl, John George (New York)

Attorney for Plaintiff

Vladeck, Judith P (New York)

Attorney for Defendant

Perkins, William Phillip (New York)

Judge(s)

Koeltl, John George (New York)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:94-cv-03272

Docket

July 23, 1997

July 23, 1997

Docket
13

1:94-cv-03272

Opinion and Order

Feb. 17, 1995

Feb. 17, 1995

Order/Opinion

163 F.R.D. 163

Docket

Last updated Jan. 23, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 215138 (jl) (Entered: 05/06/1994)

May 5, 1994

May 5, 1994

CASE REFERRED TO Judge McKenna (jl) (Entered: 05/06/1994)

May 5, 1994

May 5, 1994

2

Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as unknown. Case is designated to Magistrate Judge B. Lee. (rjm) (Entered: 05/18/1994)

May 18, 1994

May 18, 1994

Case accepted as related to 93 Cv 0178. Notice of assignment to follow. (sc) (Entered: 05/19/1994)

May 19, 1994

May 19, 1994

3

Notice of asgmnt _ to Judge Lawrence M. McKenna Copy of notice and judge's rules mailed to Attorney(s) of record: Judith P. Vladeck . (sc) (Entered: 05/19/1994)

May 19, 1994

May 19, 1994

4

NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Richard Simms on 08/30/94; (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

5

NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff Doris Jackson on 08/16/94; (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

6

NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff James Bunyar on 09/06/94; (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

7

NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Thomas Osborne on 09/20/94; (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

8

NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Gerald J. Conahan on 09/13/94; (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

9

Rule 9 certificate filed by N.Y. Telephone Co., Nynex Corporation (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

10

ANSWER to Complaint by N.Y. Telephone Co., Nynex Corporation (Attorney William P. Perkins), ; by attorney William P. Perkins for defendant Nynex Corporation (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

11

NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Jack Russek on 08/23/94; (kk) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

12

NOTICE OF MOTION by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne for an order directing defendants to provide the names, addresses and other identifying informaiton of all potential plaiintiff class members; authorizing notice to such individuals; permitting communication between plaintiffs' counsel and potential class membmers with respect to the notice; and for such other and further relief as this Court may deem just and proper. , Return date 4/11/95 (djc) (Entered: 02/24/1995)

Feb. 17, 1995

Feb. 17, 1995

13

MEMORANDUM OF LAW by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of [12−1] motion for an order directing defendants to provide the names, addresses and other identifying informaiton of all potential plaiintiff class members; authorizing notice to such individuals; permitting communication between plaintiffs' counsel and potential class membmers with respect to the notice; and for such other and further relief as this Court may deem just and proper. (djc) (Entered: 02/24/1995)

Feb. 17, 1995

Feb. 17, 1995

15

AFFIDAVIT of Richard J. Simms by Richard J. Simms Re: Attached Exhibits (ls) (Entered: 05/22/1995)

May 15, 1995

May 15, 1995

16

AFFIDAVIT in support of Julian R. Birnbaum by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: Pltffs' Motion to Notify the ADEA Class (ls) (Entered: 05/22/1995)

May 15, 1995

May 15, 1995

17

REPLY MEMORANDUM by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne IN SUPPORT OF their Motion To Notify The class (ls) (Entered: 05/22/1995)

May 15, 1995

May 15, 1995

18

AFFIDAVIT in support of Leonard N. Flamm by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of Re: [12−1] motion to circulate a Notice of Pendency. (ae) (Entered: 05/25/1995)

May 16, 1995

May 16, 1995

19

REPLY MEMORANDUM OF LAW by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of re: [12−1] motion to circulate a Notice of Pendency. (ae) (Entered: 05/25/1995)

May 16, 1995

May 16, 1995

AFFIDAVIT in opposition of Ronald M. Green by N.Y. Telephone Co., Nynex Corporation Re: Pltff's. motion for class certification. (Orig. doc. fld. in case no. 93 civ. 0178 (JGK)). (ls) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

MEMORANDUM by N.Y. Telephone Co., Nynex Corporation in opposition to pltff's. motion for class certification. (Orig. doc. fld. in case no. 93 Civ. 0178)). (ls) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

AFFIDAVIT in support of Judith Stoikov by N.Y. Telephone Co., Nynex Corporation Re: [0−1] opposition memorandum. (Orig. doc. fld. in case no. 93 Civ. 0178 (JGK). (ls) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

SUPPLEMENTAL MEMORANDUM by N.Y. Telephone Co., Nynex Corporation in opposition to pltff's. motion for class Certification. (Orig. doc. fld. in case no. 93 civ. 0178 (JGK)). (ls) Modified on 05/25/1995 (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/27/1995)

June 26, 1995

June 26, 1995

Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/28/1995)

June 26, 1995

June 26, 1995

21

AFFIDAVIT of Judith P. Vladeck to inform the Court about an additional individual who has consented to join this action since February 17, 1995..... (djc) (Entered: 10/05/1995)

Sept. 29, 1995

Sept. 29, 1995

20

MEMORANDUM OPINION # 75501 granting [12−1] motion for an order directing defendants to provide the names, addresses and other identifying informaiton of all potential plaiintiff class members; authorizing notice to such individuals; permitting communication between plaintiffs' counsel and potential class membmers with respect to the notice; and for such other and further relief as this Court may deem just and proper. ( Signed by Judge John G. Koeltl ); Copies mailed. (cd) (Entered: 10/03/1995)

Oct. 2, 1995

Oct. 2, 1995

22

ORDER, that the notice agreed upon by all parties is approved. Counsel for the pltffs are authorized to trasmit the notice to potential class members within 15 days in accordance with this Court's 9/22/95 Opinion. ( signed by Judge John G. Koeltl ); Copies mailed (lam) (Entered: 10/31/1995)

Oct. 30, 1995

Oct. 30, 1995

24

CERTIFICATE OF SERVICE that on 3/5/96, copies of four FMP Litigation consent forms and the Affdvt. of Carmen Zayas were servedd by hand on Ronald M. Green, Esq., Epstein, Becker &Green, 250 Park Ave., NY, NY 10177 and Leonard N. Flamm, Offices of Leonard N. Flamm, 880 Third Ave., NY, NY 10020 (ls) (Entered: 03/06/1996)

March 5, 1996

March 5, 1996

26

NOTICE OF MOTION by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne to certify as a class action purs. to FRCP 23. Return date 1/17/97 (kg) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

27

AFFIDAVIT in support of Ronald G. Dunn by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

28

AFFIDAVIT in support of Gitta Freed by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

29

MEMORANDUM OF LAW by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

30

AFFIDAVIT in support of Judith P. Vladeck by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

31

Certificate of service of the Notice of Motion; Pltffs' Memorandum of Law in Support of Class Certification; the Affidavit of Judith P. Vladeck; the affidavit of Gitta Freed; the affidavit of Ronald G. Dunn; and the affidavit of Janice Fanning Madden by hand on Ronald M. Green, Esq. on 1/10/97. (kg) (Entered: 01/14/1997)

Jan. 10, 1997

Jan. 10, 1997

34

NOTICE OF MOTION by plaintiffs for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97 (pl) (Entered: 01/21/1997)

Jan. 16, 1997

Jan. 16, 1997

35

MEMORANDUM by plaintiffs' in support of [34−1] motion for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97 (pl) (Entered: 01/21/1997)

Jan. 16, 1997

Jan. 16, 1997

42

CONFIDENTIAL − Settlement, Release, Covenant Not To Sue, Waiver and Non−Disclosure Agreement. (orig. filed in 93 Cv 178 (JGK) in error). (rag) (Entered: 04/10/1997)

Jan. 16, 1997

Jan. 16, 1997

32

AFFIDAVIT in support of Matthew T. Miklave by N.Y. Telephone Co., Nynex Corporation of Proposed Settlement Agreement in full Settlement of Civil Action. (Also docketed in 93 civ. 178) (kw) Modified on 01/21/1997 (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

33

MEMORANDUM by N.Y. Telephone Co., Nynex Corporation in support of Defendants' Request for Court Approval of a Proposed Settlement Agreement in full Settlement of Civil Action. (Also docketed in 93 civ. 178) (kw) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

36

STIPULATION and ORDER, to amend the action by adding plntf, Elizabeth Cole ( signed by Judge John G. Koeltl ). (cd) (Entered: 01/22/1997)

Jan. 22, 1997

Jan. 22, 1997

37

ORDER APPROVING SETTLEMENT ..ORDERED, that the proposed settlement is approved.; ORDERED, that plaintiffs eligible for participation under the agreement have waived any and all rights to continue to prosecute, or to initiate or commence any lawsuits, charges, complaints or claims arising out of the Released claims. Claims of discrimination or retaliation which arise after the date of this Order are unaffected by this waiver provision; ORDERED, that any person who has failed to file objections in the manner provided for, has waived all objections and shall be barred from raising any such objections in this or any other proceeding respecting the settlement; ORDERED, that this Court retains jurisdiction over the settlement of this case and may enter additional orders to effectuate the fair and orderly administration of the settlement as may from time to time be appropriate. SO ORDERED. (signed by Judge John G. Koeltl ); Copies mailed (djc) (Entered:

Jan. 28, 1997

Jan. 28, 1997

38

Exhibit D. To Settlemetn, Release, Covenant Not To Sue, Waiver and Non−Disclosure Agreement by Doris Jackson, Jack Russek, Richard J. Simms, James Bunyar, Gerald Conahan and Thomas Osborne, on behalf of themselves and all others similarly situated (ls) (Entered: 02/19/1997)

Feb. 14, 1997

Feb. 14, 1997

39

STIPULATION and ORDER, The Settlement, Release, Covenant Not to Sue, Waiver and Non−Disclosure Agreement approved by the Court on 1/24/97, is amended as follows: 1) under 11.b. on page 3, delete "(1) Arthur Smith ("Smith") is receiving a disability pension'; 2) Under 1.b. (4), delete "Violiotti ("Violiotti")" and insert "Vigliotti ("Vigliotti")...(see doc. for further details.. ....So Ordered.....( signed by Judge John G. Koeltl ). (pl) (Entered: 03/18/1997)

March 17, 1997

March 17, 1997

40

STIPULATION AND ORDER of dismissal with prejudice pursuant to the term of the settlement. The District Court shall retain jurisdiction with respect to disputes under the Agreement. ( signed by Judge John G. Koeltl ) (Also docketed in 93 civ. 178) (kw) (Entered: 03/18/1997)

March 17, 1997

March 17, 1997

41

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement...Redaction Dispute ( signed by Judge John G. Koeltl ) Referred to Magistrate Judge Douglas F. Eaton (kg) (Entered: 03/25/1997)

March 24, 1997

March 24, 1997

43

MEMORANDUM ORDER, I have reviewed Ms. Raskin's 2/26/97 letter and Mr. Miklave's 3/25/97 letter (incl. the transcripts of the 1/24/97 and 3/7/97 proceedings before Judge Koeltl). I direct that both of these letters be fld. under seal. , I have also reviewed Ms. Raskin's 3/18/97 letter, which requests me to hold a conference on this redaction dispute. I find that a conference is unnecessary , I am sending Ms. Raskin and Mr. Miklave a copy of the first five pages of settlement agreement, w/ my instructions in red ink showing the redactions that must be made before the settlement agreement may be fld. ...SO ORDERED... ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed (ls) Modified on 04/14/1997 (Entered: 04/14/1997)

April 14, 1997

April 14, 1997

44

JUDGMENT − THIS CASE HAVING BEEN SETTLED IN ACCORDANCE WITH THE STIPULATION AND ORDER DATED MARCH 18, 1997, THIS ACTION IS HEREBY DISMISSED WITH PREJUDICE; (signed by Judge John G. Koeltl); eod − 04/22/97; Mailed copies and notice of right to appeal. (djc) (Entered: 04/22/1997)

April 18, 1997

April 18, 1997

45

ORDER, this Court shall retain jurisdiction over any dispute or litigation arising out of the Settlement Agreements in the Jackson and Hammill actions. Thus, if plaintiffs wish to elect the 6 &6, they must sign its release. ( signed by Judge John G. Koeltl ); Copies mailed (ae) (Entered: 07/21/1997)

July 18, 1997

July 18, 1997

46

ORDER sealing the Jackson settlement agreement and placing a redacted version in the public file ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed (af) (Entered: 07/23/1997)

July 23, 1997

July 23, 1997

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 5, 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were former New York Telephone Company employees age 40 or older who were discharged under NYNEX Corporation Force Management Plan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New York Telephone Company, Private Entity/Person

NYNEX Corporation, Private Entity/Person

Case Details

Causes of Action:

State law

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-basis:

Age discrimination