Case: EEOC v. Museum of Modern Art

1:97-cv-09571 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 31, 1997

Closed Date: July 28, 1999

Clearinghouse coding complete

Case Summary

In December 1997, the New York District Office of the EEOC filed this suit against the Museum of Modern Art in the U.S. District Court for the Southern District of New York alleging discrimination in violation of Title I of the Americans with Disabilities Act of 1990. Specifically, the defendant failed to hire the charging party, a former employee who was deaf, as a temporary sales associate because of his disability. In August 1998, the defendant filed a motion for summary judgment. After the motion's denial in February 1999, the parties participated in an unsuccessful settlement conference. The case went to trial by jury a month later in March. The trial lasted for four days, and in late March 1999, the jury produced a verdict for the defendant. The EEOC appealed the decision in May 1999 but dismissed the appeal a few months later in July.

Summary Authors

Michele Marxkors (6/27/2007)

Documents in the Clearinghouse

Document

1:97-cv-09571

99-06137

Docket [Appeals Court]

U.S. Court of Appeals for the Second Circuit

July 26, 1999

July 26, 1999

Docket

1:97-cv-09571

Docket

July 28, 1999

July 28, 1999

Docket
1

1:97-cv-09571

Complaint

Dec. 31, 1997

Dec. 31, 1997

Complaint

Resources

Docket

Last updated March 17, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (No Fees Due - U.S.A.). (em) (Entered: 01/06/1998)

Dec. 31, 1997

Dec. 31, 1997

Clearinghouse

Magistrate Judge Dolinger is so Designated. (em) (Entered: 01/06/1998)

Dec. 31, 1997

Dec. 31, 1997

2

ORDER, regarding scheduling and initial pretrial conference ( signed by Judge Lewis A. Kaplan ); Copies mailed (cd) (Entered: 01/16/1998)

Jan. 15, 1998

Jan. 15, 1998

3

SCHEDULING ORDER: joinder of additional parties - 4/9/98; amendment of pleadings - 4/9/98; completion of all discovery - 6/9/98; service of summary judgment motions - 7/9/98; filing of pretrial order, proposed jury instructions and requested voir dire questions -- case ready for trial - 7/9/98 ( signed by Judge Lewis A. Kaplan ); Copies mailed (sac) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

5

Rule 1.9 certificate filed by Museum of Modern Art (djc) (Entered: 03/20/1998)

March 17, 1998

March 17, 1998

6

ANSWER to Complaint by Museum of Modern Art (Attorney Christopher J. Collins); by attorney Christopher J. Collins for defendant Museum of Modern Art (djc) (Entered: 03/20/1998)

March 17, 1998

March 17, 1998

Before Mag Judge Dolinger; Pre-trial conference held (cd) (Entered: 05/04/1998)

May 1, 1998

May 1, 1998

7

Filed Memo-Endorsement on letter to Judge Kaplan from Andree M. Peart dated 05/07/98, reset discovery due for 6/30/98 ; reset pretrial order due for 8/30/98 ; reset summary judgment motion filing deadline for 8/30/98 ; the Court did not authorize suspension of discovery ( signed by Judge Lewis A. Kaplan) (djc) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

8

NOTICE OF MOTION by Museum of Modern Art; pursuant to Rule 56(e) of the FRCP, for summary judgment ; with Deposition(s) in support attached (filed in the night deposit on 8/31/98 at 11:59 p.m.) (ae) Modified on 09/02/1998 (Entered: 09/02/1998)

Aug. 31, 1998

Aug. 31, 1998

9

MEMORANDUM OF LAW by Museum of Modern Art in support of [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (filed in the night deposit on 8/31/98 at 11:59 p.m.) (ae) (Entered: 09/02/1998)

Aug. 31, 1998

Aug. 31, 1998

10

Rule 56.1 statement filed by Museum of Modern Art (filed in the night deposit on 8/31/98 at 11:59 p.m.) (ae) (Entered: 09/02/1998)

Aug. 31, 1998

Aug. 31, 1998

11

JOINT PRETRIAL ORDER filed. ( signed by Judge Lewis A. Kaplan ) (kw) (Entered: 09/04/1998)

Sept. 3, 1998

Sept. 3, 1998

12

Filed Memo-Endorsement on letter to Judge Kaplan from Andree M. Peart dated 9/14/98, plaintiff's response to motion reset to 9/16/98 for [8-1] motion pursuant to 56(e) of the FRCP, for summary judgment ( signed by Judge Lewis A. Kaplan ) (kw) (Entered: 09/16/1998)

Sept. 15, 1998

Sept. 15, 1998

13

MEMORANDUM by E.E.O.C. in opposition to [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (ls) (Entered: 09/17/1998)

Sept. 17, 1998

Sept. 17, 1998

14

REPLY MEMORANDUM by Museum of Modern Art re: [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (cd) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

15

SUPPLEMENTAL AFFIDAVIT in support of C. Collins by Museum of Modern Art Re: [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment (cd) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

16

ORDER, set oral argument for 11:30 2/22/99 (signed by Judge Lewis A. Kaplan); Copies mailed. (ri) (Entered: 02/09/1999)

Feb. 9, 1999

Feb. 9, 1999

17

ORDER; denying [8-1] motion pursuant to Rule 56(e) of the FRCP, for summary judgment. ( signed by Judge Lewis A. Kaplan ); Copies mailed (jp) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

Settlement conference held (sl) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

19

Proposed Jury Instructions by Museum of Modern Art (emil) (Entered: 03/25/1999)

March 19, 1999

March 19, 1999

20

Proposed Voir Dire Questions by Museum of Modern Art (emil) (Entered: 03/25/1999)

March 19, 1999

March 19, 1999

21

OPPOSITION BRIEF by Museum of Modern Art re: [18-1] motion in limine, for an order preventing pltff from introducing, at trial, any purported evidence concerning the possible adverse effect of MoMA's alleged discrimination on Jeffrey Allen's HIV condition or T Cell count, any evidence concerning Allen's belief, opinion or concern about such an effect, and a handwritten chart prepared by Allen which, along with other notations by Allen, purports to track his T Cell Count (emil) (Entered: 03/26/1999)

March 22, 1999

March 22, 1999

Jury trial held before Judge Kaplan on 3/23/99. (sac) (Entered: 03/30/1999)

March 23, 1999

March 23, 1999

Jury trial continues. (sac) (Entered: 03/30/1999)

March 24, 1999

March 24, 1999

Jury trial continues. (sac) (Entered: 03/30/1999)

March 25, 1999

March 25, 1999

Jury trial held & concluded before Judge Kaplan on 3/26/99. Jury Verdict for the deft. (sac) (Entered: 03/30/1999)

March 26, 1999

March 26, 1999

22

JUDGMENT. The complaint is dismissed. (signed by Judge Lewis A. Kaplan); Mailed copies and notice of right to appeal. Entered on 04/01/99 (djc) (Entered: 04/01/1999)

March 30, 1999

March 30, 1999

Case closed (djc) (Entered: 04/01/1999)

March 30, 1999

March 30, 1999

23

Transcript of record of proceedings filed before Judge Lewis A. Kaplan for dates of February 24, 1999 at 4:45 P.M. (sn) (Entered: 04/13/1999)

April 12, 1999

April 12, 1999

24

NOTICE OF APPEAL by E.E.O.C. ; from [22-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Christopher J. Collins . (dt) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

Notice of appeal and certified copy of docket to USCA: [24-1] appeal by E.E.O.C. ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 05/28/1999)

May 28, 1999

May 28, 1999

25

Transcript of record of proceedings before Judge Kaplan filed for dates of 3/23-26/99 (jp) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

26

True Copy of Order from the USCA as to E.E.O.C. RE: [24-1] appeal by E.E.O.C. . Notice of motion for voluntary dismissal of appeal. It is hereby ordered that the motion be and it hereby is granted. (99-6137) Karen Greve Milton, USCA. (as) (Entered: 07/28/1999)

July 28, 1999

July 28, 1999

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Disability Rights

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 31, 1997

Closing Date: July 28, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Museum of Modern Art (New York City, New York), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Hiring

Discrimination-basis:

Disability (inc. reasonable accommodations)

EEOC-centric:

Direct Suit on Merits