Case: District Council 37 v. New York City Department of Parks and Recreation

1:93-cv-02580 | U.S. District Court for the Southern District of New York

Filed Date: April 20, 1993

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On April 20, 1993, plaintiffs, a class of 145 manual laborers formerly employed by the New York City Department of Parks and Recreation (the "Parks Department"), and the labor union representing such employees, brought this action against the Parks Department, the City of New York and the New York City Department of Personnel (collectively "defendants") under the Age Discrimination in Employment Act, as amended, 29 U.S.C. §626 et seq. in the U.S. District Court for the Southern District of New …

On April 20, 1993, plaintiffs, a class of 145 manual laborers formerly employed by the New York City Department of Parks and Recreation (the "Parks Department"), and the labor union representing such employees, brought this action against the Parks Department, the City of New York and the New York City Department of Personnel (collectively "defendants") under the Age Discrimination in Employment Act, as amended, 29 U.S.C. §626 et seq. in the U.S. District Court for the Southern District of New York. Plaintiffs alleged that as part of a reduction in force in June 1991, defendants discriminatorily eliminated the job title of Laborer to which the 145 individuals belonged. This job title consisted of 187 employees aged 40 and older. Specifically, plaintiffs claimed that the layoffs, forced retirements and demotions of the Laborers were unlawful under two doctrines of age discrimination law: disparate impact and disparate treatment.

Following a trial by jury, which began on September 13, 1995, the jury found for defendants as to all claims. Specifically, the jury found that plaintiffs had failed to prove by a preponderance of the evidence (1) the disparate treatment discrimination claim in that plaintiffs had failed to prove that age was a motivating factor in defendants' decision to lay off all or substantially all individuals in the title of Laborer in the Parks Department, and (2) the disparate impact claim in that plaintiffs had failed to prove that an identified employment practice had a disparate impact on the 145 Laborers and that an identified employment practice caused the statistical disparity of which plaintiffs complained.

On December 14, 1995, the district court (Judge Allen G. Schwartz) denied the plaintiffs' motion for a new trial.

Subsequently, the plaintiffs appealed only their disparate impact claim, arguing that the district court erred when it refused to instruct the jury that a nondiscriminatory "bottom line" was no defense to a disparate impact claim. However, on May 14, 1997, the Second Circuit (Judge Thomas Meskill) confirmed the jury instructions given by the district court.

Summary Authors

Kunyi Zhang (6/24/2010)

People


Judge(s)

Meskill, Thomas Joseph (Connecticut)

Schwartz, Allen G. (New York)

Attorney for Plaintiff

Vladeck, Judith P (New York)

Attorney for Defendant

Sheiner, Naomi (New York)

Judge(s)

Meskill, Thomas Joseph (Connecticut)

Schwartz, Allen G. (New York)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:93-cv-02580

Docket

Nov. 21, 1997

Nov. 21, 1997

Docket
33

1:93-cv-02580

Opinion and Order

Dec. 14, 1995

Dec. 14, 1995

Order/Opinion

1995 WL 1995

96-07050

[Untitled]

U.S. Court of Appeals for the Second Circuit

May 14, 1997

May 14, 1997

Order/Opinion

113 F.3d 113

Docket

Last updated March 25, 2024, 3:09 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 # 190156 (jl) (Entered: 04/20/1993)

April 20, 1993

April 20, 1993

2

Rule 9 certificate filed by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (jl) (Entered: 04/20/1993)

April 20, 1993

April 20, 1993

3

Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as complex. Case is designated to Magistrate Judge Gershon. (sd) (Entered: 04/21/1993)

April 20, 1993

April 20, 1993

4

INITIAL PRE−TRIAL CONFERENCE NOTICE &ORDER, set pretrial conference for 6/14/93 for the purpose of discussing settlement, exploring contemplated motions etc. ( signed by Judge Kenneth Conboy ); Copies mailed (sc) Modified on 04/30/1993 (Entered: 04/30/1993)

April 29, 1993

April 29, 1993

5

STIPULATION and ORDER, reset answer due for 6/10/93 for NYC Personnel, for The City of New York, for NYC Dept. of Parks ( signed by Judge Kenneth Conboy ). (mk) (Entered: 05/20/1993)

May 19, 1993

May 19, 1993

6

ANSWER to Complaint by NYC Dept. of Parks, The City of New York, NYC Personnel (Attorney Naomi F. Sheiner), ; Firm of: OPS by attorney Naomi F. Sheiner for defendant NYC Personnel (mk) (Entered: 06/14/1993)

June 11, 1993

June 11, 1993

7

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 9/20/93 ; Pretrial order to be submitted on or before 10/20/93 ; Trial ready deadline 9:30 11/23/93 ; ( signed by Judge Kenneth Conboy ) ; Copies mailed (mk) (Entered: 07/23/1993)

July 23, 1993

July 23, 1993

8

Filed Memo_Endorsement on letter from Ivan D. Smith dated 9/17/93, extending time of discovery an additional 60 days... SO ORDERED, CONBOY, J. ( signed by Judge Kenneth Conboy ) CMC (mk) (Entered: 09/21/1993)

Sept. 20, 1993

Sept. 20, 1993

9

STIPULATION and PROTECTIVE ORDER, for confidentiality of "Confidential MAterials": personal information, including but not limited to social security number, salary, pension, etc... ( signed by Judge Kenneth Conboy ). (mk) (Entered: 10/19/1993)

Oct. 15, 1993

Oct. 15, 1993

10

Filed Memo_Endorsement on letter from Denny Chin dated 11/9/93, reset discovery due for 1/14/94... SO ORDERED, CONBOY, J. ( signed by Judge Kenneth Conboy ) (mk) (Entered: 11/15/1993)

Nov. 12, 1993

Nov. 12, 1993

11

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge ELLIS. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Naomi F. Sheiner, Judith P. Vladeck . (kk) (Entered: 12/13/1993)

Dec. 13, 1993

Dec. 13, 1993

12

Notice of reasgmnt _ to Judge Allen G. Schwartz Copy of notice and judge's rules mailed to Attorney(s) of record: Naomi F. Sheiner, Judith P. Vladeck . (dg) (Entered: 01/25/1994)

Jan. 25, 1994

Jan. 25, 1994

13

STIPULATION and ORDER, reset discovery due for 2/14/94 ( signed by Judge Allen G. Schwartz ). (mk) (Entered: 02/15/1994)

Feb. 14, 1994

Feb. 14, 1994

14

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 5/13/95 ; Pretrial order to be submitted on or before 6/15/95; Trial to be scheduled...So Ordered...( signed by Judge Allen G. Schwartz ) ; Copies mailed (pl) (Entered: 12/19/1994)

Dec. 13, 1994

Dec. 13, 1994

15

STIPULATION and ORDER, that purs. to Rule 42(b) of the FRCP, the issue of damages with respect to all pltffs' claims will be tried separately, if necessary, following resolution of the issue of the liabilit of defts with respect to all of pltff's claims. ( signed by Judge Allen G. Schwartz ). (kg) (Entered: 06/19/1995)

June 15, 1995

June 15, 1995

Pre−trial conference held (cd) (Entered: 09/28/1995)

Sept. 12, 1995

Sept. 12, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 12, 1995

Sept. 12, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 13, 1995

Sept. 13, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 14, 1995

Sept. 14, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 15, 1995

Sept. 15, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 19, 1995

Sept. 19, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 20, 1995

Sept. 20, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 21, 1995

Sept. 21, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 22, 1995

Sept. 22, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 27, 1995

Sept. 27, 1995

Jury trial held (cd) (Entered: 09/28/1995)

Sept. 27, 1995

Sept. 27, 1995

Jury trial held and concluded; verdict in favor of deft (cd) (Entered: 09/28/1995)

Sept. 28, 1995

Sept. 28, 1995

17

JOINT PRETRIAL ORDER filed ( signed by Judge Allen G. Schwartz ) (kg) (Entered: 10/02/1995)

Sept. 28, 1995

Sept. 28, 1995

18

JUDGMENT, A Jury Trial before Judge Schwartz, having begun on 9/12/95, and the the conclusion of the trial the jury having answered the attached "Jury Verdict Form," and the jury in so doing having returned a verdict in favor of defendants, it is, ORDERED, ADJUDGED AND DECREED: That the complaint be and it is hereby dismissed. JAMES M. PARKISON ; Mailed copies and notice of right to appeal. (EOD 10/4/95) (ae) (Entered: 10/04/1995)

Oct. 3, 1995

Oct. 3, 1995

Case closed (ae) (Entered: 10/04/1995)

Oct. 3, 1995

Oct. 3, 1995

19

NOTICE OF MOTION by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena for a new trial , Return date 11/8/95. Affidavits in support attached. (emil) (Entered: 10/18/1995)

Oct. 13, 1995

Oct. 13, 1995

20

MEMORANDUM by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena in support of [19−1] motion for a new trial (emil) (Entered: 10/18/1995)

Oct. 13, 1995

Oct. 13, 1995

21

Transcript of record of proceedings filed for dates of September 19,20,21,22,27,28 (rag) (Entered: 10/24/1995)

Oct. 24, 1995

Oct. 24, 1995

22

Transcript of record of proceedings filed for dates of September 13,14,15,1995 (rag) (Entered: 10/24/1995)

Oct. 24, 1995

Oct. 24, 1995

23

DECLARATION of Naomi Sheiner by NYC Dept. of Parks, The City of New York, NYC Personnel in opposition to [19−1] motion for a new trial (ae) (Entered: 11/16/1995)

Nov. 2, 1995

Nov. 2, 1995

24

MEMORANDUM OF LAW by NYC Dept. of Parks, The City of New York, NYC Personnel in opposition to [19−1] motion for a new trial (ae) (Entered: 11/16/1995)

Nov. 2, 1995

Nov. 2, 1995

25

NOTICE of HEARING by NYC Dept. of Parks, The City of New York, NYC Personnel − that upon the annexed Bill of Costs submitted Paul A. Crotty, ....and exhibits annexed thereto and on all the papers and proceedings had heretofore herein, the under signed will appear before the Judgment Clerk at the Courthouse... on the 4th day of December, 1995 at 10:00 am ... for a hearing as to taxable costs in this action, pursuant to 28 U.S.C. section 1920, Rule 54 of the Federal Rules of Civil Procedure, Rules 11 and 12 of the Local of the Southern District, Standing Order No. 3 of the Southern District and Rule X of the Individual Rules of Practice of Judge Allen G. Schwartz requiring counsel to order daily copy of the trial transcript. (djc) Modified on 11/17/1995 (Entered: 11/17/1995)

Nov. 2, 1995

Nov. 2, 1995

27

SECOND AFFIDAVIT of James D. Esseks by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena in support of Re: [19−1] motion for a new trial (ae) (Entered: 11/21/1995)

Nov. 8, 1995

Nov. 8, 1995

28

SUR−REPLY MEMORANDUM by NYC Dept. of Parks, The City of New York, NYC Personnel re: [19−1] motion for a new trial (pl) (Entered: 11/21/1995)

Nov. 13, 1995

Nov. 13, 1995

29

SECOND DECLARATION of Naomi Sheiner (pl) (Entered: 11/21/1995)

Nov. 13, 1995

Nov. 13, 1995

30

Transcript of record of proceedings filed for dates of 9/13/95 (rag) (Entered: 11/24/1995)

Nov. 22, 1995

Nov. 22, 1995

31

DECLARATION of Naomi Sheiner, Asst. Corp. Counsel for NYC Dept. of Parks, The City of New York, NYC Personnel in OPPOSITION to pltff' request that the Court examine additional Jurors. (lam) (Entered: 12/11/1995)

Dec. 6, 1995

Dec. 6, 1995

32

Transcript of record of proceedings filed for dates of 10/6/95 (rag) (Entered: 12/11/1995)

Dec. 11, 1995

Dec. 11, 1995

33

OPINION AND ORDER # 75849 denying [19−1] motion for a new trial. SO ORDERED: ( Signed by Judge Allen G. Schwartz ); (ae) (Entered: 12/15/1995)

Dec. 14, 1995

Dec. 14, 1995

34

PLAINTIFFS' EXHIBITS CONSISTING OF STATMENETS BY DEFENDANTS' EMPLOYEES ARE ADMISSIBLE UNDER RULE 801(d)(2)(D) (dkt. &fld. as per instr. of chambers on 1/2/96) (pl) Modified on 01/11/1996 (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

35

THE AWARD IN THE OUT−OF TITLE WORK ARBITRATION BETWEEN THE CITY AND CITY PARK WORKERS AND THE AGREEMENT SETTLING THOSE CLAIMS ARE BOTH ADMISSIBLE (pl) (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

36

THE AWARD IN THE OUT−OF−TITLE WORK ARBITRATION BETWEEN THE CITY AND CITY PARK WORKERS AND THE AGREEMENT SETTLING THOSE CLAIMS ARE BOTH ADMISSIBLE FOR IMPEACHMENT PURPOSES (pl) (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

37

Request to charge by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (dktd. &fld. as per instr. of chambers on 1/2/96) (pl) Modified on 01/11/1996 (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

38

Exhibit Consisting of Statements by Defendants' Employees Are Admissible Under Rle 801(d)(2)(D) by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (pl) (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

39

SUPPLEMENTAL BRIEF ON THE ADMISSIBLILITY OF THE ARBITRATION AWARD AND SETTLEMENT AGREEMENT by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (dktd. &fld. as per instr. of chambers on 1/2/96) (pl) Modified on 01/05/1996 (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

40

THE EEOC NO PROBABLE CAUSE FINDING SHOULD BE EXCLUDED (DKT. &FLD. AS PER INSTR. OF CHAMBERS ON 1/2/96) (pl) (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

41

MEMORANDUM by NYC Dept. of Parks, The City of New York, NYC Personnel in support of EVIDETIARY RULINGS (pl) (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

42

TRIAL MEMORANDUM OF LAW by NYC Dept. of Parks, The City of New York, NYC Personnel (pl) (Entered: 01/05/1996)

Jan. 2, 1996

Jan. 2, 1996

43

Transcript of record of proceedings filed for dates of 11/28/95 (rag) (Entered: 01/10/1996)

Jan. 10, 1996

Jan. 10, 1996

44

Transcript of record of proceedings filed for dates of 11/17/95 (rag) (Entered: 01/10/1996)

Jan. 10, 1996

Jan. 10, 1996

45

NOTICE OF APPEAL by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena ; from [18−1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Naomi F. Sheiner . (em) (Entered: 01/18/1996)

Jan. 10, 1996

Jan. 10, 1996

46

ORDER AND STIPULATION SUPPLEMENTING THE RECORD ON APPEAL, that the following documents, copies of which are attached hereto, were submitted to the Court during the trial of this action but do not appear on the Civil Docket for this action and are not included in the case files in the Office of the Clerk of the SDNY. The parties hereby agree that these documents should be included in the record on appeal. ( signed by Judge Allen G. Schwartz ). (kg) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

46

TRIAL MEMORANDUM OF LAW by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena. (kg) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

46

MEMORANDUM requesting an instruction regarding the civil service law by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena. (kg) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

46

Supplemental Request to charge No. 1A by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena. (kg) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

46

Objection(s) to pltffs' Jurt Instructions 7A by NYC Dept. of Parks, The City of New York. (kg) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

46

All of pltffs' Exhibits admitted at trial, consisting of the following numbered exhibits: 1,2,3,4,11,12,14,29,30,31,34,36,37,40,41, 44, 56A, 56B, 58,60,64,67,72,76,77,78,80 and 82. (kg) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

46

All of defts' Exhibits admitted at trial, consisting of the following exhibits" F,J,L,T,W,X,Y,EE,HH,LL,MM,NN,RR,UU,XX and ZZ. (kg) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

47

ORDER, ...ACCORDINGLY, PLTFFS' REQUEST TO HAVE THE DOCUMENT INCLUDED IN THE DISTRICT COURT CASE FILES, SO THAT IT MAY BE INCLUDED IN THE RECORD ON APPEAL OF THIS ACTION, IS DENIED...SO ORDERED... ( signed by Judge Allen G. Schwartz ); Copies mailed (ls) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

48

AMENDED ORDER, ...Accordingly, pltffs' request to have the doc. incl. in the District Court case files, so that may be in the record on appeal of this action, is DENIED...SO ORDERED... ( signed by Judge Allen G. Schwartz ); Copies mailed (ls) Modified on 03/07/1996 (Entered: 03/07/1996)

March 6, 1996

March 6, 1996

49

Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals on 3/8/96: [45−1] appeal by Frank Desena, Charles J. Santarpia, James Welsh, Joseph R. Zurlo, District Council 37 (ae) (Entered: 03/11/1996)

March 8, 1996

March 8, 1996

50

True Copy of Order from the USCA RE: [45−1] appeal by Frank Desena, Charles J. Santarpia, James Welsh, Joseph R. Zurlo, District Council 37: The court noting that an order dismissing the appeal having been entered in error on 3/12/96, it is hereby ordered that the order be and it hereby is vacated and it is further noted that the appeal be and it hereby is reinstated, and scheduling order No. 2 dated 3/12/96 is in effect. (96−7050). GEORGE LANGE III, Clerk, U.S.C.A. (em) (Entered: 03/19/1996)

March 19, 1996

March 19, 1996

51

MANDATE OF USCA (certified copy) Re: [45−1] appeal by Frank Desena, Charles J. Santarpia, James Welsh, Joseph R. Zurlo, District Council 37. It is now hereby ordered, adjudged and decreed that the judgment be and it hereby is affirmed. (96−7050) George Lange, III, Clerk, USCA. (as) (Entered: 06/11/1997)

June 10, 1997

June 10, 1997

Indexed record on appeal files (96−7050) returned from the U.S.C.A. on November 10, 1997. (dt) (Entered: 11/21/1997)

Nov. 21, 1997

Nov. 21, 1997

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 20, 1993

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of 145 manual laborers formerly em-ployed by the New York City Department of Parks and Recreation, and the labor union representing such employees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The New York City Department of Parks and Recreation, City

New York City Department of Personnel, City

Defendant Type(s):

Parks

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Form of Settlement:

Conditional Dismissal

Issues

Discrimination-area:

Disparate Impact

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits