Case: Sheppard v. Consolidated Edison Company of New York

1:94-cv-00403 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 28, 1994

Closed Date: Aug. 13, 2002

Clearinghouse coding in progress

Case Summary

None

People


Judge(s)

Azrack, Joan Marie (New York)

Gleeson, John (New York)

Attorney for Plaintiff

Alterman, Daniel L. (New York)

Boddie, Reginald Alonzo (New York)

Fuchsberg, Alan L. (New York)

Attorney for Defendant
Judge(s)

Azrack, Joan Marie (New York)

Gleeson, John (New York)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

1:94-cv-00403

Docket [PACER]

Sheppard, et al v. Consolidated Edison

March 5, 2003

March 5, 2003

Docket
12

1:94-cv-00403

Second Amended Complaint

June 22, 1994

June 22, 1994

Pleading / Motion / Brief

1:94-cv-00403

Memorandum and Order

July 26, 1995

July 26, 1995

Order/Opinion

893 F.Supp. 893

1:94-cv-00403

Memorandum and Order

Sheppard v. Consolidated Edison Company

Dec. 21, 2000

Dec. 21, 2000

Order/Opinion

2000 WL 2000

238

1:94-cv-00403

Opinion Approving Settlement

Aug. 13, 2002

Aug. 13, 2002

Order/Opinion

2002 WL 2002

Docket

Last updated Feb. 15, 2024, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Consolidated Edison FILING FEE $ 120.00 RECEIPT # 159144 (Greene, Donna) (Entered: 02/02/1994)

Jan. 28, 1994

Jan. 28, 1994

CASE REFERRED to Magistrate Allyne R. Ross (Greene, Donna) (Entered: 02/02/1994)

Jan. 28, 1994

Jan. 28, 1994

2

AMENDED COMPLAINT by Dorothy Sheppard, Robert W. Berry, Irma J. Mushatt, James M. Carter, Harold McKinzie, Leonard B. Middleton, Derick C. Hewitt, James W. Austin , (Answer due 2/28/94 for Consolidated Edison ) amending [1−1] complaint (Dobkin, David) (Entered: 02/22/1994)

Feb. 18, 1994

Feb. 18, 1994

3

RETURN OF SERVICE executed as to Consolidated Edison 2/18/94 Answer due on 3/10/94 for Consolidated Edison (Dobkin, David) (Entered: 02/22/1994)

Feb. 22, 1994

Feb. 22, 1994

4

INTER−OFFICE MEMO from Mag. Ross to Robert Heinemann dated 3/8/94, stating that Mag. Ross owns stock in Con Ed a party in the above case. Therefore, must be recused from the above case. Please have this case assigned to another mag. by random selection. (Dobkin, David) (Entered: 03/09/1994)

March 9, 1994

March 9, 1994

CASE NO LONGER REFERRED TO Magistrate Allyne R. Ross (Vaughn, Terry) (Entered: 03/11/1994)

March 11, 1994

March 11, 1994

CASE REFERRED to Magistrate Joan M. Azrack by random selection. (Vaughn, Terry) (Entered: 03/14/1994)

March 14, 1994

March 14, 1994

5

ANSWER to Complaint by Consolidated Edison (Asreen, Wendy) (Entered: 03/18/1994)

March 18, 1994

March 18, 1994

6

Disclosure of interested parties by Consolidated Edison (Asreen, Wendy) (Entered: 03/18/1994)

March 18, 1994

March 18, 1994

8

ORDER, dated 4/5/94 set status conference for 10:00 4/26/94 before Magistrate Joan M. Azrack ( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 04/06/1994)

April 6, 1994

April 6, 1994

9

Calendar entry: Before Mag. Azrack on 4/26/94. Case called for initial conference. Discovery conference set. set status conference for 12:00 6/10/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 04/26/1994)

April 26, 1994

April 26, 1994

10

Calendar entry: Before Mag. Azrack on 6/10/94 at 12:00p.m. Case called for discovery conference. Telephone conference set for 6/20/94 set telephone conference for 11:00 6/20/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 06/14/1994)

June 10, 1994

June 10, 1994

13

Calendar entry: Before Mag. Azrack on 6/20/94 at 11:00a.m. set status conference for 2:00 6/27/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 06/28/1994)

June 20, 1994

June 20, 1994

11

STIP/ORDER dated 6/20/94 ordered that deft consents to plaintiffs' second amended complaint without prejudice to deft's right to answer, move or assert any affirmative defense(other than failure to consent to amend the pleading under Rule 15(a) as herein provided). ( signed by Judge David G. Trager ) (Dobkin, David) (Entered: 06/22/1994)

June 22, 1994

June 22, 1994

12

SECOND AMENDED COMPLAINT by Dorothy Sheppard, Robert W. Berry, Irma J. Mushatt, James M. Carter, Harold McKinzie, Leonard B. Middleton, Derick C. Hewitt, James W. Austin , (Answer due 7/2/94 for Consolidated Edison ) amending [2−1] amended complaint (Dobkin, David) (Entered: 06/22/1994)

June 22, 1994

June 22, 1994

14

Calendar entry: Before Mag. Azrack on 6/27/94 at 2:00p.m. Case called for discovery. Status conference set re: discovery. set status conference for 11:30 10/13/94 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 06/30/1994)

June 27, 1994

June 27, 1994

15

ORDER dated 7/1/94 ordered that counsel for all parties are instructed to meet, confer and submit a joint order. If any issues cannot be agreed upon, the Court will entertain the matter in a telephone conference. ( signed by Magistrate Joan M. Azrack )(endorsed on fax letter dated 6/30/94 from Kenneth Standard to Mag. Azrack). (Dobkin, David) (Entered: 07/06/1994)

July 6, 1994

July 6, 1994

16

ORDER dated 8/16/94 ordered that deft Con Ed provide to plaintiff discovery information from 1984 through 1993 in the above case. ( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

17

ANSWER by Consolidated Edison to second amended complaint (Dobkin, David) (Entered: 08/22/1994)

Aug. 22, 1994

Aug. 22, 1994

19

Calendar entry: Before Mag. Azrack on 9/23/94 at 10:00a.m. Case called. Discovery issue resolved. (Dobkin, David) (Entered: 09/28/1994)

Sept. 23, 1994

Sept. 23, 1994

18

STIP/ORDER of confidentiality. Dated 9/26/94. C/M. ( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 09/28/1994)

Sept. 28, 1994

Sept. 28, 1994

20

STIP/ORDER of confidentiality, in the above case. Dated 9/20/94.( signed by Magistrate Joan M. Azrack ) (Dobkin, David) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

CASE randomly reassigned to Judge John Gleeson from Judge Trager. (Asreen, Wendy) (Entered: 10/27/1994)

Oct. 27, 1994

Oct. 27, 1994

21

NOTICE dated 11/11/94 that a status conference on 12/22/94 at 9:30 is set before Judge Gleeson. (Guzzi, Roseann) (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

Deadline updated; set status conference for 9:30 12/22/94 before Judge John Gleeson (Guzzi, Roseann) (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

22

Calendar entry: Before Mag. Azrack on 11/23/94. Deft to provide personnel manual or its equivalent by 12/22/94. Deposition of Kevin Morgan to be schgeduled for 1st 3 weeks of Jan. Inquiry to be limited to issues relating to settlement. Status re: progress of ADR set. set status conference for 10:30 2/6/95 before Magistrate Joan M. Azrack (Dobkin, David) (Entered: 11/25/1994)

Nov. 23, 1994

Nov. 23, 1994

23

Calendar entry: Before Judge Gleeson on 1/6/95 case called for status conference. All counsel present. Case still referred to Mag Azrack for all pretrial purposes. (Greves, Liz) (Entered: 01/11/1995)

Jan. 6, 1995

Jan. 6, 1995

24

Calendar entry: Before Mag. Judge Azrack on Feb. 6, 1995, at 10:30 a.m., case called and status conference held. For plaintiff: Alterman, Reginal Boddie and Esmeralda Simmons. For defendant: Kenneth Standard and Saddie Smith. Court sets status conference for 2:00 3/20/95 before Magistrate Joan M. Azrack . Con Ed to provide profile data base by 3/6/95. Status hrg. on 3/20/95 re progress of ADR. (Vaughn, Terry) (Entered: 02/07/1995)

Feb. 6, 1995

Feb. 6, 1995

25

LETTER dated 3/7/95 from Daniel L. Alterman for the plaintiff to Magistrate Azrack requesting an extension from 3/6/95 to 3/15/95 to turn over the computerized educational and training records. (Guzzi, Roseann) (Entered: 03/15/1995)

March 15, 1995

March 15, 1995

Endorsed order dated 3/9/95 on document #25 granting application of plaintiff for extension of time to 3/15/95 to turn over the computerized educational and training records. ( Signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 03/15/1995)

March 15, 1995

March 15, 1995

26

LETTER dated 3/20/95 from Daniel Alterman to Kenneth G. Standard re: Con Ed matter is adjourned from 3/20/95 at 2:00 until 4/3/95 at 10:00. (McGee, Maryann) (Entered: 03/29/1995)

March 29, 1995

March 29, 1995

27

Calendar entry: Conference held on 5/1/95 before Magistrate Azrack. Set status conference for 12:00 on 6/12/95 before Magistrate Joan M. Azrack . Discovery plan on class to be provided by week of June 5, 1995. (Guzzi, Roseann) (Entered: 05/09/1995)

May 1, 1995

May 1, 1995

28

LETTER dated 6/9/95 from Carole Sobin, counsel for ConEd to Magistrate Azrack requesting that the conference of 6/12/95 be adjourned to 6/26/95 in order to respond to plaintiffs proposed discovery received yesterday. (Asreen, Wendy) (Entered: 06/13/1995)

June 13, 1995

June 13, 1995

Endorsed order on page 2 of document# 28, resetting status conference for 4:00 on 6/28/95 before Magistrate Joan M. Azrack and that Ms. Lobin is to notify all parties. ( Signed by Magistrate Joan M. Azrack, dated 6/9/95 ) (Asreen, Wendy) (Entered: 06/13/1995)

June 13, 1995

June 13, 1995

29

Calendar entry: Conference held with Magistrate Azrack on 6/28/95. Plaintiffs to serve prospective interrogatories but plaintiffs will not request information regarding officers or attorneys. Set status conference for 4:00 on 9/14/95 before Magistrate Joan M. Azrack . (Asreen, Wendy) (Entered: 07/05/1995)

June 28, 1995

June 28, 1995

30

Calendar entry: Conference held on 7/24/95 before Magistrate Azrack. Consolidated Edison's attorney will submit the subject report for an in camera review. Decision is reserved regarding self−critical analysis privilage. (Guzzi, Roseann) (Entered: 07/26/1995)

July 24, 1995

July 24, 1995

31

MEMORANDUM AND ORDER dated 7/26/95 that to the extent the reports contain evaluative material, this court will not require defendant to disclose this information. The underlying facts and statistics, however, are not effected by the self−critical analysis privilege and must be disclosed. SEE DOCUMENT #31 FOR FURTHER DETAILS. ( signed by Judge John Gleeson ) (Guzzi, Roseann) (Entered: 07/28/1995)

July 28, 1995

July 28, 1995

32

Calendar entry: Before Mag. Judge Azrack on 9.12.95 conference held. Andrew Carboy for pltf. and Ken Standard for deft. Representative of Con Ed may sit in of deposition of Middleton . (Greene, Donna) (Entered: 09/19/1995)

Sept. 12, 1995

Sept. 12, 1995

33

Calendar entry: Before Mag. Judge Azrack on 9.14.95 at 4:00 p.m. case called for discovery conference. Parties present. Set status conference for 10:00 12/1/95 before Magistrate Joan M. Azrack . Pltf. to provide authorization with conformed order regasrding medical and psych. evaluation. Depositon to be held at Court

Sept. 14, 1995

Sept. 14, 1995

35

ORDER dated 12/22/95 setting the following disclosures and schedule. See document #35 for detailed schedule. ( signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 12/28/1995)

Dec. 28, 1995

Dec. 28, 1995

36

LETTER dated 2/22/96 from Louise Falcone, Secretary to Magistrate Azrack to All Counsel that the 2/29/96 scheduled conference has been re−scheduled for 4/1/96 at 3:30 before Magistrate Azrack. (Guzzi, Roseann) (Entered: 02/29/1996)

Feb. 29, 1996

Feb. 29, 1996

37

Calendar entry: Discovery conference held before Magistrate Azrack on 4/1/96. Counsel for all sides present. 1) From today forward the parties will exchange deposition transcripts and witnesses will be provided with their deposition transcript prior to their next scheduled deposition, if that desposition is not scheduled to resume the next day or shortly thereafter. Apparently, there was confusion such that defendant incurred costs for prior transcripts. I will not require plaintiffs to reimburse the defendants for the costs thus far because I believe that the transcript issue should have been resolved among the parties or failing that, brought immediately to my attention, wherein I would have ordered the arrangement I am ordering today. I will not penalize the plaintiffs because I believe they were under a misunderstanding with respect to how the transcript costs would be shared. 2) Plaintiffs are required to reimburse former Con Ed employee witnesses, produced by the defendant, for one half of their travel expenses. 3) Plaintiffs depositions are to be scheduled to be completed within as short a time span as possible. 4) Defendants are to provide plaintiff's counsel with a list detailing any omissions in the plaintiffs medical records. Defendants are not required to complete the plaintiff's depositions until they have received all relevant medical records. 5) Plaintiff's applications to depose Eugene McGrath and Arthur Hauspurg are denied at this time. Plaintiff's application to depose James O'Brien is granted. 6) With respect to any issues regarding outstanding interrogatories, counsel are to abide by the Local Rules of this District and attempt informal resolution of the issues prior to seeking court intervention. 7) With regard to the "Zellner List" plaintiffs are to consult with Ms. Zellner as to whether she is able to use any data provided by defendants pursuant to this courts order of December 22,1995. The parties are to attempt informal resolution of this matter and, that failing, seek court intervention. (Johnson, Tanya) (Entered: 04/08/1996)

April 1, 1996

April 1, 1996

38

Calendar entry: Conference of 5/29/96 adjourned to 7/31/96 before Magistrate Joan M. Azrack. (Greves, Liz) (Entered: 07/10/1996)

May 29, 1996

May 29, 1996

40

Calendar entry: Conference held on 10/4/96 before Magistrate Azrack. Set status conference for 10:00 on 12/17/96 before Magistrate Joan M. Azrack . (Guzzi, Roseann) (Entered: 10/15/1996)

Oct. 4, 1996

Oct. 4, 1996

39

LETTER dated 9/25/96 from Jonathan A. Fields to Andrew Carboy, Esq. advising that the 9/27/96 conference has been rescheduled to 10/16/96 at 11:00. (Guzzi, Roseann) (Entered: 10/15/1996)

Oct. 15, 1996

Oct. 15, 1996

41

ORDER dated 10/15/96 supplementing prior discovery order. Set status conference for 10:00 on 12/17/96 before Magistrate Joan M. Azrack . ( signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 10/24/1996)

Oct. 24, 1996

Oct. 24, 1996

42

Calendar entry: Conference held before Magistrate Azrack on 12/17/96. Status discovery going well. Set status conference for 10:00 on 3/13/97 before Magistrate Joan M. Azrack . (Murphy, Margaret) (Entered: 01/07/1997)

Dec. 17, 1996

Dec. 17, 1996

43

Calendar entry: Conference held on 3/20/97 before Magistrate Azrack. Upon in camera review of the submitted Con Edison documents I find the following: 1a) Samuel Darrell's performance review− not discoverable. b) Darrell's complaints to Con Edison re: performance review are discoverable. 2) Tony Bagby disability material are not relevant. 3) Tony Bagby workers comp file is discoverable. 4) Complaints of Johnson, Darrell &Cox are discoverable. 5) Cox performance evaluation is discoverable. 6) Earl Johnson's written comments re: performance review is discoverable. 7) Banire File− only disclose racial notes and Con Edison reply. Set status conference for 10:30 on 4/7/97 before Magistrate Joan M. Azrack . (Guzzi, Roseann) (Entered: 03/26/1997)

March 20, 1997

March 20, 1997

44

SCHEDULING ORDER dated 3/20/97 setting dates of depositions. Defendant is to repsond to outstanding requests by 4/4/96. Status conference scheduled for 6/5/97. See document #44 for details. ( signed by Magistrate Joan M. Azrack ) (Guzzi, Roseann) (Entered: 03/26/1997)

March 26, 1997

March 26, 1997

45

Calendar entry:, Before Mag. Azrack on 4/7/97. Status Conference adjourned to 4/28/97 before Magistrate Joan M. Azrack . (Piper, Francine) (Entered: 04/15/1997)

April 7, 1997

April 7, 1997

46

Calendar entry: Discovery conference held on 4/28/97 before Magistrate Azrack. Discovery rulings made. (Guzzi, Roseann) (Entered: 05/09/1997)

April 28, 1997

April 28, 1997

47

Calendar entry: Status conference on 6/5/97 is ADJOURNED. Reset status conference for 7/17/97 before Magistrate Joan M. Azrack . (Guzzi, Roseann) (Entered: 06/12/1997)

June 5, 1997

June 5, 1997

48

Calendar entry: Before Mag. Azrack on 7/17/97 at 10:00 a.m., case called. conference adjourned to 9/5/97 (Lui, Lin) (Entered: 07/17/1997)

July 17, 1997

July 17, 1997

49

Calendar entry:Before Mag Azrack Civil Conf. adjourned. , set scheduling conference for 12/18/97 before Magistrate Joan M. Azrack (Jackson, Ramona) (Entered: 12/02/1997)

Nov. 13, 1997

Nov. 13, 1997

50

ORDER dtd. 12/16/97 GRANTED On ltr. dtd. 12/15/97 from Alan L.Fuschberg we seek an increase of the limit of 25 pages, set by your honor's rules, for our supporting memo. of law, and request a 50 page limit. We expect factual portion of the brief to include the follow: see document ( signed by Judge John Gleeson ) (Jackson, Ramona) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

51

Calendar entry:Before Mag Azrack Civil Conf. Discovery conf. held. Rulings attached. (Jackson, Ramona) (Entered: 01/16/1998)

Jan. 9, 1998

Jan. 9, 1998

52

Calendar entry:Before Mag Azrack Civil Conf. Counsel to send letetr re: revised briefing schedule on class cert. motion. (Jackson, Ramona) (Entered: 03/13/1998)

March 6, 1998

March 6, 1998

53

LETTER dated 3/6/98 from Alan L.Fuschberg to Mag Azrack parties have agreed on the following changes in briefing schedule: see document (Jackson, Ramona) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

54

Calendar entry:Before Mag Azrack Civil Cause for conf. Pties to meet by APril 1,1998 to discuss respectiove codes &definitions for proper statistical analyses for expert repts. (Jackson, Ramona) (Entered: 03/25/1998)

March 18, 1998

March 18, 1998

55

ORDER dtd. 7/21/98 The application is REFERRED to Mag Judge Azrack, to whom the motion for class certification is respectfully referred. On ltr. dtd. 7/16/98 from Larry Carbone request a page limit for its opposition memo. to 75 pages. ( signed by Judge John Gleeson ) (Jackson, Ramona) Modified on 07/30/1998 (Entered: 07/28/1998)

July 28, 1998

July 28, 1998

Endorsed order dtd. 7/23/98 granting [55−1] order ( Signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 07/30/1998)

July 30, 1998

July 30, 1998

56

SCHEDULING ORDER dtd. 7/23/98. Pltff's expert reports 8/17/98, set scheduling order deadlines: Expert Discovery deadline on 9/14/98 Deadline for filing of motion for class certification by 9/21/98 Opposition papers 10/5/98 Pltff's reply 10/12/98. Report &Recommendation on submissions unless hearing requested. ( signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 07/30/1998)

July 30, 1998

July 30, 1998

57

STIPULATION and ORDER dtd. 9/16/98 Expert reports 10/1/98; Pltff's motion for class certification upon deft's 9/18/98 @ 3:00; Deft's opposition to pltff's motion for class certification 11/17/98; Reply to motion 12/15/98. (see document for all other orders) signed/ by Magistrate Joan M. Azrack Copies mailed (Jackson, Ramona) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

59

ORDER dtd. 10/19/98 Application GRANTED. On ltr. dtd. 10/19/98 from Kenneth Standard Request oral argument not occur until at least 3 weeks after pltff's reply memo. served &filed. ( signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 10/21/1998)

Oct. 21, 1998

Oct. 21, 1998

60

LETTER dated 11/20/98 from Alan L. Fuchsberg to Magistrate Judge Azrack, asking that the Court deny defense counsel's request to again extend the briefing schedule in this case. (Reddy, Lisa) (Entered: 11/27/1998)

Nov. 27, 1998

Nov. 27, 1998

61

ORDER, granting defendant's request to extend briefing schedule. However, defendant must submit its Memo of Law by 1/15/99. Plaintiff's Reply Memo is then adjusted according to the 1/15/99 date . (Signed by Magistrate Joan M. Azrack, dated 11/23/98). Copies faxed by Chambers. See letter dated 11/20/98 from Jeanmarie Schieler to Magistrate Judge Azrack. (Reddy, Lisa) (Entered: 11/27/1998)

Nov. 27, 1998

Nov. 27, 1998

62

Calendar entry: Before Magistrate Azrack on 1/8/98 for a Conference. Defendant to serve supplemental expert report by January 15, 1999. Plaintiff to notify chambers and defendant if they will serve a supplemental reply. Defendant to serve reply brief opposing class motion by February 12, 1999. Plaintiff to serve surreply by March 26, 1999. SO ORDERED. (Gonzalez, Mary) (Entered: 01/20/1999)

Jan. 20, 1999

Jan. 20, 1999

63

AFFIDAVIT of ANDREW J. CARBOY Dorothy Sheppard et al (Jackson, Ramona) (Entered: 02/17/1999)

Feb. 17, 1999

Feb. 17, 1999

64

AFFIDAVIT by Dorothy Sheppard Re: information in databasea (Jackson, Ramona) (Entered: 02/17/1999)

Feb. 17, 1999

Feb. 17, 1999

65

AFFIDAVIT by Dorothy Sheppard Re: stip. of confidentiality (Jackson, Ramona) (Entered: 02/17/1999)

Feb. 17, 1999

Feb. 17, 1999

66

ORDER dtd. 3/23/99 APPROVED On ltr. dtd. 3/19/99 from Andrew J Carboy request the court approve modification schedule. Pltff's reply 3/26/99 Reply memo. 4/30/99. ( signed by Magistrate Joan M. Azrack ) (Jackson, Ramona) (Entered: 03/24/1999)

March 24, 1999

March 24, 1999

67

ORDER dtd. 4/1/99 Pl app granted to 4/30 Oral argument will not be scheduled prior to 5/14 Oral argument 6/4/99 @ 10:00 On ltr. dtd. 3/24/99 from Kenneth Standard. ( signed by Magistrate−Judge Joan M. Azrack ) (Jackson, Ramona) (Entered: 04/13/1999)

April 13, 1999

April 13, 1999

68

LETTER dated 5/3/99 from Andrew J Carboy to Clerk enclosed pltff's moving papers. (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

69

MEMORANDUM by Dorothy Sheppard et al in support of motion for Class Certification (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

70

MEMORANDUM by Consolidated Edison in opposition to motion for class certification (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

71

AFFIDAVIT of GEORGE CHRIST0 Consolidated Edison Re: (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

72

AFFIDAVIT of CLAUDE TRAHAN Consolidated Edison (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

73

REPLY MEMORANDUM OF LAW by Dorothy Sheppard in further support of motion for class certification. (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

74

Pltff's Appendix: Sworn statements of Representative pltff's and sworn complaints of Class Members. (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

75

AFFIDAVIT of ALAN L. FUCHSBERG Dorothy Sheppard et al (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

77

AFFIDAVIT of KENNETH G. STANDARD Consolidated Edison (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

78

Exhibit list by Dorothy Sheppard et al Binder 1 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

79

Exhibit list by Dorothy Sheppard 2 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

80

Exhibit list by Dorothy Sheppard et al Binder 3 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

81

Exhibit list by Dorothy Sheppard et al Binder 4 of 4 (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

82

AFFIDAVIT ANDREW J. CARBOY Dorothy Sheppard Re:in support [76−1] motion Class Certification consisting of all African American Management and Upper Level Union Employees (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

83

AFFIDAVIT of LARRY CARBONE Dorothy Sheppard Re:n support [76−1] motion Class Certification consisting of all African American Management and Upper Level Union Employees (Jackson, Ramona) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

84

ORDER, for report and recommendations Granting pltff's motion for certification of class under Rule 23 [76−1] ( signed by Magistrate−Judge Joan M. Azrack , on 9/9/99) (Jackson, Ramona) (Entered: 09/10/1999)

Sept. 10, 1999

Sept. 10, 1999

85

ORDER, granting defendant's request to extend time until 10/15/99 to file objections to Magistrate Judge Azrack's R &R . (Signed by Judge John Gleeson on 9/17/99). C/M by Chambers. See letter dated 9/15/99 from Kenneth G. Standard to Judge Gleeson. (Reddy, Lisa) (Entered: 09/22/1999)

Sept. 22, 1999

Sept. 22, 1999

86

ORDER Granted On ltr. dtd. 10/4/99 from Kenneth G Standard deft's objections to Report &Recommendation to Nov. 8,1999 ( signed by Judge John Gleeson , on 10/5/99) (Jackson, Ramona) (Entered: 10/07/1999)

Oct. 7, 1999

Oct. 7, 1999

87

ORDER GRANTED. On ltr. dtd. 10/27/99 from Kenneth G Standard settlement negotations. Request to adjourn due date of deft's objections to Mag Azrack's report &recommendations from Nov. 8,1999. ( signed by Judge John Gleeson , on 11/3/99) (Jackson, Ramona) (Entered: 11/10/1999)

Nov. 10, 1999

Nov. 10, 1999

88

ORDER GRANTED. The pending motion shall remain in abeyance. A further report shall be filed no later than 12/20/99. On ltr. dtd. 11/30/99 from Alan L Fuchsberg. ( signed by Judge John Gleeson , on 12/1/99) (Jackson, Ramona) (Entered: 12/08/1999)

Dec. 8, 1999

Dec. 8, 1999

89

Calendar entry:Before Judge Gleeson Civil Cause for status conf. Court Reporter/ESR Mickey Breymer Case called. Counsel for all sides pres. Status conf. held. Motion for class certification is held in abeyance until 3/7/2000 (Jackson, Ramona) (Entered: 01/27/2000)

Jan. 19, 2000

Jan. 19, 2000

156

Calendar entry:,Before Mag Azrack Civil Conf set scheduling conference for 11:00 2/8/01 before Magistrate Joan M. Azrack Plaintiff Only, terminated due deadlines (Jackson, Ramona) (Entered: 01/29/2001)

Jan. 26, 2000

Jan. 26, 2000

90

ORDER, Motion for class certification Reinstated Objections to report &recommendation 7/14/2000; Pltff's reply 7/28/2000 set scheduling conference for 10:00 8/11/00 before Judge John Gleeson , terminated past due deadlines ( signed by Judge John Gleeson , on 6/5/00) (Jackson, Ramona) (Entered: 06/09/2000)

June 9, 2000

June 9, 2000

92

STIPULATION and ORDER for settlement with attachments numbered 1−14. Attachment No. 3 is the Notice of Conditional Class Certification, Proposed Settlement, Objections and Opt Out Rights, and Hearing on Proposed Settlement of Class Action. Anyone wishing to object or comment on the Settlement and appear at the hearing may mail a letter, with the letter postmarked by Oct. 2, 2000, stating your written objections or comments and a statement of intent to appear at the hearing. Any request to appear &be heard orally at the hearing must be included with your objections. Opt out requests must be sent by first−class mail, postmarked by August 14, 2000. The Fairness Hearing is scheduled for Nov. 1, 2000, at 10 a.m. (Signed by Judge John Gleeson and all signatories and dated June 21, 2000) (Vaughn, Terry) (Entered: 06/26/2000)

June 21, 2000

June 21, 2000

91

SEALED DOCUMENT placed in vault Exhibit 4 (Jackson, Ramona) (Entered: 06/23/2000)

June 23, 2000

June 23, 2000

93

NOTICE / Opt Out of Victor H. Spencer (Jackson, Ramona) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

94

NOTICE /Opt Out of Carl G Smith (Jackson, Ramona) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

95

NOTICE / Opt Out of Kenneth G Standard (Jackson, Ramona) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: Jan. 28, 1994

Closing Date: Aug. 13, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black employees who were actively employed by CECONY in Upper-level Union or in Management Positions at any time during Jan 2, 1984 to Mar 31, 1997.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Consolidated Edison Company of New York, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 2002 - None

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

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

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black