Case: American Federation of State, County and Mun. Employees, AFL-CIO (AFSCME) v. County of Nassau

American Federation of State v. County of Nassau

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed and summons(es) issued for Nassau County, Nassau County Board, Nassau County Civil, Nassau County Comptr, Nassau County Execut. (Learned, Michele) (Entered: 10/28/1991)

**Added for all plaintiffs attorney Richard M. Gaba (fe) (Entered: 11/14/1991)

**Added for all counter − defendants attorney Richard M. Gaba (fe) (Entered: 11/14/1991)

**Added for defendants and counter − claimants attorney James M. Catterson (fe) (Entered: 11/14/1991)

RETURN OF SERVICE executed as to Nassau County 4/25/84; recieved by Nassau County Atty's Office. (Learned, Michele) (Entered: 10/28/1991)

Pltffs' Motion Pro Hac Vice, filed. (Learned, Michele) (Entered: 10/28/1991)

STIP/ORDER ( signed by Judge Leonard D. Wexler ) dtd 5/23/84, Stip that the time for the deft's Nassau County, et al that the defts' time to answer the complaint is extended; Stip that the defts serve their motion to dismiss on 6/7/84 via Federal Express, etc; Stip that pltffs will serve their opposing papers and memo on 6/21/84 via Federal Express, further ordered that oral argument of the defts motion to dismiss the complaint be heard by the court on 7/6/84 @ 9AM, at the courthouse. (Learned, Michele) (Entered: 10/28/1991)

MEMORANDUM of Points and Authorities by Nassau County in support of motion to dismiss the complaint. (Learned, Michele) (Entered: 10/28/1991)

Nassau County NOTICE OF MOTION ret on 7/6/84 @ 9AM, for an order dismissing the summons and complaint in the action. (Learned, Michele) (Entered: 10/28/1991)

ORDER REFERRING CASE to Magistrate David F. Jordan ( signed by Judge Leonard D. Wexler ) for all pretrial purposes. (Learned, Michele) (Entered: 10/28/1991)

MEMORANDUM of Points and Authorities by Nassau County Defts in support of their application for a protective order staying all discovery. (Learned, Michele) (Entered: 10/28/1991)

ORDER TO SHOW CAUSE:(signed by Magistrate David F. Jordan) dtd 6/11/84, ret on 6/15/84 @ 1:30PM, why an order staying all discovery until such time as Nassau County Deft's motion to dismiss the complaint is heard. Submitted by Nassau County Defts. (Learned, Michele) (Entered: 10/28/1991)

Before M. Chrein − Motion. Motion submitted and granted. (Learned, Michele) (Entered: 10/28/1991)

Pltffs' Opposition to defts' application for a protective order staying all discovery. (Learned, Michele) (Entered: 10/28/1991)

Pltff's LINE, request that pltff's motion Pro Hoc Vice, be heard by M. Jordan on 6/15/84. (Learned, Michele) (Entered: 10/28/1991)

NOTICE by pltffs to take deposition of CRESAP, MC CORMIC AND PAGET, on 6/27/84 @ 10AM. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 6/18/84 from Winn Newman, in re: in response to defts' Affidavit in opposition to pltffs' motion pro hac vice. (Learned, Michele) (Entered: 10/28/1991)

AFFIDAVIT of deft Nassau County in opposition to James Catterson, Jr., in opposition to pltff's motion pro hoc vice. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Magistrate David F. Jordan ) dtd 6/21/84 for a status conf on 10/15/84 @ 10AM. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Magistrate David F. Jordan ) dtd 6/15/84 that motion to stay discovery is granted, filed on Doc#9. (Learned, Michele) (Entered: 10/28/1991)

Calendar entry: Before M. Jordan, Motion, case called. Appearances for pltff and deft. (Learned, Michele) (Entered: 10/28/1991)

Pltffs' Motion to exclude the affidavit of James Catterson. (Learned, Michele) (Entered: 10/28/1991)

Pltffs' Notice of Motion, ret on 7/6/84 @ 9AM for an order from Doc#17. (Learned, Michele) (Entered: 10/28/1991)

MEMORANDUM by pltffs in support of motion to exlude James Catterson. (Learned, Michele) (Entered: 10/28/1991)

CERTIFICATE OF SERVICE by pltffs upon defts' Motion. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Judge Leonard D. Wexler ) dtd 7/5/84 that pltffs' application Pro Hoc Vice is GRANTED, Winn Newman and Lisa Newell are granted permission to participate as counsel for pltffs in this case. (Learned, Michele) (Entered: 10/28/1991)

MEMORANDUM of points and authorities by Nassau County defts in reply to their motion to dismiss and in opposition to pltffs' several motions. (Learned, Michele) (Entered: 10/28/1991)

Supplemental AFFIDAVIT of Nassau County defts in opposition to pltffs' motion pro hoc vice. (Learned, Michele) (Entered: 10/28/1991)

STIP/ORDER ( signed by Judge Leonard D. Wexler ) dtd 7/5/84 Stip that pltffs' time to file a motion for class certification is extended from 6/22/84; pltffs will file their motion for class certification within 30 days of the date of the Judge's order on defts' motion to dismiss. (Learned, Michele) (Entered: 10/28/1991)

Notification of case reassignment from Wexler to Glasser by direction. (Learned, Michele) (Entered: 10/28/1991)

CASE reassigned to Judge I. L. Glasser from J. Wexler by direction. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 7/5/84 from Winn Newman to J. Wexler in response to defts' Supplemental Affidavit and Memorandum. (Learned, Michele) (Entered: 10/28/1991)

Copy of Ltr dtd 7/9/84 from Winn Newman to J. Nickerson, citing the case of AFSCME vs. County of Nassau as it relates to this matter. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 7/18/84 from Winn Newman to J. Glasser requesting that both oral argument and discovery conferences be sched for 8/3/84 (Filed as item #28 in CV − 82 − 2693) (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Judge I. L. Glasser ) dtd 7/20/84 that motion to dismiss in AFSCME v. Nassau County will be heard on 8/3/84 @ 9:30AM at which time the Court will also consider the application to extend discovery deadline and for protective order. So ordered. (Filed as item #28 in CV − 82 − 2693) (Learned, Michele) (Entered: 10/28/1991)

AMENDED COMPLAINT by Amer. Fed of ST., Ct, Rachel Braver, Civil Service Employ, Odessa Colvin, Erna Fluhr, Dorothy Garage, Laurie Gillibertie, Stephen Goldberg, Fred Jordan, Linda Kelly, Rita Wallace, Lois Whitely , amending [1 − 1] complaint. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 7/9/84 from James M. Catterson, Jr. to J. Wexler requesting reconsideration of the Order dtd 7/5/84 authorizing Winn Newman &Assoc. to appear pro hac vice. (Learned, Michele) (Entered: 10/28/1991)

Calendar entry: Case called before J. Glasser. All counsel present. Motion argued. Decision reserved. (Learned, Michele) (Entered: 10/28/1991)

Calendar entry: Case called before J. Glasser. No appearances. Conf resched for 11/21/84 @ 1PM. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Judge I. L. Glasser ) dtd 10/15/84 that conf is resched for 11/21/84 @ 1PM. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Magistrate David F. Jordan ) dtd 10/24/84 that conf sched for 11/21/84 is withdrawn. Assigned to M. Caden. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 3/29/84 from Winn Newman to J. Glasser re: order ent'd in CSEA v. State of Calif. denying defts' motion to dismiss a complaint of sex − based wage discrimination. Enclosing copies of: Complaint, transcript of oral argument; &the Order. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 5/30/85 from Winn Newman (pltff's atty) to J. Glasser, advising of change in firm name &address. Ent'd 6/3/85. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 6/1/85 from Lisa Newell (pltff's atty) to J. Glasser, requesting extension of time to file amended complaint to 6/12/85. Ent'd 6/4/85. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Judge I. L. Glasser ) dtd 6/3/85 that pltffs' time to file amended complaint is extended until 6/12/85. (So ordered on Doc#35) Ent'd 6/4/85. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 6/4/85 from Lisa Newell (pltff's atty) to J. Glasser, confirming that pltffs' time to file amended complaint has been extended to 6/12/85. Ent'd 6/5/85. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 6/10/85 from Winn Newman to J. Glasser re: pltffs do not plan to file an amended complaint, but reserve the right to move to amend the complaint at a later date. Ent'd 6/12/85. (Learned, Michele) (Entered: 10/28/1991)

STIP/ORDER ( signed by Judge I. L. Glasser ) dtd 6/12/85 that pltffs serve motion for class certification on or before 6/20/85; defts serve opposition to pltffs' motion on or before 7/11/85; pltffs serve reply brief on or before 7/26/85; oral argument on Motion be heard on 8/2/85 @ 9:30AM. Ent'd 6/13/85. (Learned, Michele) (Entered: 10/28/1991)

Notice of individual pltffs' Motion returnable 8/2/85 @ 9:30AM for Class Certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration in support of pltffs' motion for class certification. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of Class Members − Vol II. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of Class Members − Vol III. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of Class Members − Vol IV. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of Class Members − Vol V. Ent'd 6/21/85. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 7/30/85 from James Catterson, Jr. to J. Glasser advising that with the Court's approval the parties propose to amend the briefing sched for pltffs' motion for class certification − defts' opposition brief brief due 8/9/85; pltffs' reply brief due 8/30/85; &oral argument on pltffs' motion 9/13/85. Ent'd 8/2/85. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Judge I. L. Glasser ) dtd 8/2/85 approving amended briefing sched outlined in Doc#57. (So ordered on Doc#57). (Learned, Michele) (Entered: 10/28/1991)

Nassau County Defts' Memo of Points and Authorities in opposition to pltffs' motion for class certification. Ent'd 8/13/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of James M. Catterson, Jr. in opposition to pltffs' motion for class certification. Ent'd 8/13/85. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 8/26/85 from Lisa Newell to J. Glasser confirming that pltffs' reply brief is to be filed on 9/6/85 &that argument on motion will be heard on 9/20/85. Ent'd 9/6/85. (Learned, Michele) (Entered: 10/28/1991)

Pltffs' Reply Brief in support of Motion for Class Certification. Ent'd 9/6/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of Erna Fluhr filed. Ent'd 9/6/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of Lisa M. Newell filed with exhibits. Ent'd 9/6/85. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 9/19/85 from Lisa Newell to J. Glasser confirming that oral argument on pltffs' Motion for Class Certification has been resched to 9/27/85 @ 9:30AM. Ent'd 9/23/85. (Learned, Michele) (Entered: 10/28/1991)

Calendar entry: Case called before J. Glasser. All counsel present. For pltff Winn Newman; for deft James Catterson. Motion argued. Decision reserved. (Learned, Michele) (Entered: 10/28/1991)

MOTION (no return date) by pltffs' counsel to Withdraw. Ent'd 11/14/85. (Learned, Michele) (Entered: 10/28/1991)

Declaration of Winn Newman filed with certificate of service. Ent'd 11/14/85. (Learned, Michele) (Entered: 10/28/1991)

Motion to participate as counsel pro hac vice for pltffs submitted by Joel Klein, Joseph Onek, &Richard Taranto filed with declarations annexed. Ent'd 11/21/85. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 11/19/85 from Joel Klein to J. Glasser enclosing motion requesting permission for Messrs. Joel Klein, Joseph Onek &Richard G. Taranto to participate pro hac vice in this action. Ent'd 11/26/85. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Judge I. L. Glasser ) dtd 11/20/85 that Joel Klein, Joseph Onek &Richard G. Taranto are granted permission to participate as counsel for pltffs pro hac vice &that Clerk of Court shall enter the appearance of Mr. Klein &the law firm of Onek, Klein, &Farr as counsel for pltffs. Ent'd 11/26/85. (Learned, Michele) (Entered: 10/28/1991)

NOTICE by pltffs to take deposition of Rodman Drake. Ent'd 5/21/86. (Learned, Michele) (Entered: 10/28/1991)

ANSWER to Complaint and COUNTERCLAIM by Nassau County, Nassau County Board, Nassau County Civil, Nassau County Comptr, Nassau County Execut against Amer. Fed of ST., Ct, Rachel Braver, Civil Service Employ, Odessa Colvin, Erna Fluhr, Dorothy Garage, Laurie Gillibertie, Stephen Goldberg, Fred Jordan, Linda Kelly, Nassau County, Nassau County Board, Nassau County Civil, Nassau County Comptr, Nassau County Execut, Rita Wallace, Lois Whitely. Ent'd 6/30/86. (Learned, Michele) (Entered: 10/28/1991)

ANSWER by Amer. Fed of ST., Ct, Rachel Braver, Civil Service Employ, Odessa Colvin, Erna Fluhr, Dorothy Garage, Laurie Gillibertie, Stephen Goldberg, Fred Jordan, Linda Kelly, Rita Wallace, Lois Whitely. Ent'd 7/18/86. County Civil, Nassau County Comptr, Nassau County Execut, Nassau County, Nassau County Board, Nassau County Civil, Nassau County Comptr, Nassau County Execut, Amer. Fed of ST., Ct, Rachel Braver, Civil Service Employ, Odessa Colvin, Erna Fluhr, Dorothy Garage, Laurie Gillibertie, Stephen Goldberg, Fred Jordan, Linda Kelly, Rita Wallace, Lois Whitely to [71 − 2] counter claim (Learned, Michele) (Entered: 10/28/1991)

Pltffs' 2nd set of INTERROGATORIES to defts filed. Ent'd 10/27/86. (Learned, Michele) (Entered: 10/28/1991)

STIP/ORDER ( signed by Judge I. L. Glasser ) dtd 12/12/86 in re: safeguarding of computer tapes, etc. (for details see stip) Ent'd 12/16/86. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 9/17/85 from Winn Newman to J. Glasser enclosing Memo Decision &Order on pltffs' motion for class certification in CSEA v. State of Calif. (Recieved from Chambers on 4/8/87 &ent'd on 4/14/87). (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Judge I. L. Glasser ) dtd 4/9/87 that Winn Newman &Lisa Newell are granted leave to withdraw from this case; &pltffs are directed to have their new counsel enter an appearance as quickly as possible. Ent'd 4/14/87. (Learned, Michele) (Entered: 10/28/1991)

Calendar entry: Before M. Caden − Magistrate resolves outstanding discovery disputes − parties will contact Magistrate &sched another status conf. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Magistrate John L. Caden ) dtd 5/26/87 in re: discovery. Ent'd 5/29/87. (Learned, Michele) (Entered: 10/28/1991)

MEMO/ORDER ( signed by Judge I. L. Glasser ) dtd 7/13/87 that motion for certification of a class is GRANTED. Counsel directed to appear for a status conf on 8/19/87 @ 4:30PM. (For more details, see Memo) Ent'd 7/16/87. (Learned, Michele) (Entered: 10/28/1991)

Declarations of Class Members − Vol. I. Ent'd 7/24/87. (Learned, Michele) (Entered: 10/28/1991)

Declarations of Class Members − Vol. II. Ent'd 7/24/87. (Learned, Michele) (Entered: 10/28/1991)

Declarations of Class Members − Vol. III. Ent'd 7/24/87. (Learned, Michele) (Entered: 10/28/1991)

Declarations of Class Members − Vol. IV. Ent'd 7/24/87. (Learned, Michele) (Entered: 10/28/1991)

Declarations of Class Members − Vol. V. Ent'd 7/24/87. (Learned, Michele) (Entered: 10/28/1991)

Calendar entry: Conf held before M. Caden. Mag. resolves outstanding discovery disputes. Mag. will enter written order shortly covering the subject matter of his rulings. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Magistrate John L. Caden ) dtd 11/30/87 that deft by 11/25/87 shall provide discovery, as per parties oral argument at discovery conf held 10/21/87. Ent'd 12/8/87. (Learned, Michele) (Entered: 10/28/1991)

Calendar entry: Conf held before M. Caden. Magistrate has resolved outstanding discovery disputes &will enter a written order forthwith. (Learned, Michele) (Entered: 10/28/1991)

ORDER ( signed by Magistrate John L. Caden ) dtd 4/26/88 that defts identify, as soon as possible, the dates on which the cobal codes, also known as "includes" &all documents containing variable definitions were provided to pltffs for the exam/job application file &the End − of − Year Payroll Master file, etc. (See order for details) Ent'd 4/27/88. (Learned, Michele) (Entered: 10/28/1991)

Ltr dtd 6/3/88 from Joel I. Klein to J. Glasser re: discovery. Ent'd 6/20/88. (Learned, Michele) (Entered: 10/28/1991)