- Case 2:05-cv-03161-ADS-WDW

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THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK

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EQUALEMPLOYMENTOPPOR~TY
COMMISSION,
Plaintiff,

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SpA""" J EMPIRE HEALTHCHOICE HMO, INC.,

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Defendant.

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WALL:M.J.

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to Thomas Guiffrida, James Frullo and other similarly situated employees at Empire HealthChoice HMO, Inc. Guiffrida, age 58 and Frullo, age 61, as well as other employees age 40 and older were denied promotions, harassed and otherwise denied the same terms and conditions as younger employees. Frullo was also terminated due to his age. In addition, both Guiffrida and Frullo were retaliated against because they protested age discrimination and/or engaged in pr()tected activity.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEN), which incorporates by reference Section 16(c) of the Fair Labor Standards Act of1938 (the "FLSA"), as amended, 29 U.S.C. § 216(c).

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of New York.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No.1 of1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, Empire HealthChoice HMO, Inc. has continuously been doing business in the State of New York and Nassau and Suffolk County, and has continuously had at least 20 employees. 5. At all relevant times, Defendant, Empire HealthChoice HMO, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILlATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least February 2002, Defendant Empire HealthChoice HMO, Inc. engaged in unlawful employment practices at its Bohemia and Jericho Facilities in violation of the ADEA, 29 U.S.C. 'll623, by not granting to employees age 40 and over the same terms and

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conditions of employment that employees under 40 years of age received. These include, but are not limited to:
A. Not granting promotions of "grade 24 auditor" under the same conditions as younger employees, to Thomas GuifJiida, James Frullo, Martin Durschlag, and other similarly situated employees age 40 and over.
B. Not granting medically excused absences to James Frullo that were granted to younger employees, because ofFrullo's age, over 40.
8. Since at least February 2002, Empire HealthChoice HMO, Inc. engaged in unlawful employment practices at its Bohemia and Jericho Facilities in violation of the ADEA, 29 U.S.C. 'l)623, by retaliating against Guiffrida and Frullo for protesting the age discriminatory actions taken against them and others, and for their engaging in the protected activity of filing charges with EEOC and/or cooperating with EEOC investigations. The unlawful employment practices include, bu are not limited to:
A. Involuntarily transferring Guiffrida to the Bohemia office, continued denial of his promotion, and excessive scrutiny by management.
B. Denial to Frullo of excused medical time off, excessive scrutiny by management, scheduling of work meetings when he was unavailable, and discharge.
9. The effect of the practices .;omplained of in paragraphs 7 and is above has been to deprive Guiffrida and Frullo and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their age.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were wilful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. 'l)626(b).

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant employer, its officers,

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successors, assigns and all persons in active concert or participation with it, from discriminating against employees age 40 and over on the basis of age and any other employment practice which discriminates on the basis of age against individuals 40 years of age and older.
B. Order Defendant employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices.
C. Grant a judgment requiring Defendant employer to pay appropriate back wages in an amount to be detennined at trial, and an equal sum as liquidated damages, or prejudgment interest in lieu thereof, to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Guiffrida and Frullo and other similarly situated individuals such as Durschlag.
D. Order Defendant employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affinnative relief necessary to eradicate the effects of its unlawful practices, including but not limited to the promotion of Guiffrida and other similarly situated individuals such as Durschlag, and the reinstatement ofFrullo.
E. Grant such further relief as the Court deems necessary and proper in the public interest.
F. Award the Commission its costs ofthis action.

JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Eric S. Dreiband General Counsel
JamesL. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel

Case 2:05-cv-03161-ADS-WDW Document 1 Filed 06/29/2005 Page 5 of 5
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington D.C. 20507
Elizabeth Grossman EG 2478 Acting Regional Attorney
New York District Office 33 Whitehall St. 5th FI. New York NY 10004 212-336-3698 212-336-3623 (Fax)

 
 Case 2:05-cv-03161-ADS-WDW Document 2 Filed 08/16/2005 Page 1 of 5

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WELLCHOICE INC.,

)

)

Defendant.

)

__________________________________________)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act to correct unlawful employment practices on the basis of age and to provide appropriate relief to Thomas Guiffrida, James Frullo and other similarly situated employees at WellChoice, Inc. Guiffrida, age 58 and Frullo, age 61, as well as other employees age 40 and older were denied promotions, harassed and otherwise denied the same terms and conditions as younger employees. Frullo was also terminated due to his age. In addition, both Guiffrida and Frullo were retaliated against because they protested age discrimination and/or engaged in protected activity.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the “ADEA”), which incorporates by reference Section 16(c) of the Fair Labor Standards Act of 1938 (the

Case 2:05-cv-03161-ADS-WDW Document 2 Filed 08/16/2005 Page 2 of 5
“FLSA”), as amended, 29 U.S.C. § 216(c). 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the Eastern District of New York. PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.
4. At all relevant times, Defendant, WellChoice, Inc. has continuously been doing business in the State of New York and Nassau and Suffolk County, and has continuously had at least 20 employees.
5. At all relevant times, Defendant, WellChoice, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least February 2002, Defendant WellChoice, Inc. engaged in unlawful employment practices at its Bohemia and Jericho Facilities in violation of the ADEA, 29 U.S.C.

Case 2:05-cv-03161-ADS-WDW Document 2 Filed 08/16/2005 Page 3 of 5
¶ 623, by not granting to employees age 40 and over the same terms and conditions of employment that employees under 40 years of age received. These include, but are not limited to:
A. Not granting promotions of “grade 24 auditor” under the same conditions as younger employees, to Thomas Guiffrida, James Frullo, Martin Durschlag, and other similarly situated employees age 40 and over.
B. Not granting medically excused absences to James Frullo that were granted to younger employees, because of Frullo’s age, over 40.
8. Since at least February 2002, WellChoice, Inc. engaged in unlawful employment practices at its Bohemia and Jericho Facilities in violation of the ADEA, 29 U.S.C. ¶ 623, by retaliating against Guiffrida and Frullo for protesting the age discriminatory actions taken against them and others, and for their engaging in the protected activity of filing charges with EEOC and/or cooperating with EEOC investigations. The unlawful employment practices include, bu are not limited to:
A. Involuntarily transferring Guiffrida to the Bohemia office, continued denial of his promotion, and excessive scrutiny by management.
B. Denial to Frullo of excused medical time off, excessive scrutiny by management, scheduling of work meetings when he was unavailable, and discharge.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Guiffrida and Frullo and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their age.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above

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were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. ¶ 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant employer, its officers, successors, assigns and all persons in active concert or participation with it, from discriminating against employees age 40 and over on the basis of age and any other employment practice which discriminates on the basis of age against individuals 40 years of age and older. B. Order Defendant employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant employer to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, or prejudgment interest in lieu thereof, to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Guiffrida and Frullo and other similarly situated individuals such as Durschlag. D. Order Defendant employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to the promotion of Guiffrida and other similarly situated individuals such as Durschlag, and the reinstatement of Frullo. E. Grant such further relief as the Court deems necessary and proper in the public interest.

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F. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, Eric S. Dreiband General Counsel James L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 “L” Street, N.W. Washington D.C. 20507 Elizabeth Grossman EG 2478 Acting Regional Attorney
Lisa Sirkin Supervisory Trial Attorney _________________________ Louis Graziano Trial Attorney LG 0530
New York District Office 33 Whitehall St. 5th Fl. New York NY 10004 212-336-3698 212-336-3623 (Fax)

 
 Case 2:05-cv-03161-ADS-WDW Document 12 Filed 08/31/2007 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v. WELLCHOICE, INC.,
Defendant.

05 CV 3~1~6WDW)
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y
* * SEP 04 2007
LONG ISLAND OFFICE

CONSENT DECREE This Action was initiated on June 29, 2005, by the Equal Employment Opportunity Commission (hereinafter "EEOC"), an agency of the United States Goverrunent, alleging that Defendant, Empire Healthchoice HMO Inc. (subsequently known as WellChoice, Inc., then WellPoint Holding Corp.; hereinafter "Empire"), violated the Age Discrimination in Employment Act ("ADEA") by discriminating against Thomas Guiffrida, James Frullo and other similarly situated workers because oftheir age. The Complaint further alleges that Guiffrida and Frullo were retaliated against because they protested age discrimination and/or engaged in protected activity. The parties agree that it is in their mutual interest to fully resolve the matter without further litigation. EEOC and Empire do hereby stipulate and consent to the entry ofthis Decree as fmal and binding between the parties signatory hereto and their successors or assigns. This Decree resolves all claims raised in the Complaint filed herein. The parties have agreed that this Decree may be entered without Findings ofFact and Conclusions ofLaw having been made and entered by the Court.

Case 2:05-cv-03161-ADS-WDW Document 12 Filed 08/31/2007 Page 2 of 4
In consideration ofthe mutual promises ofeach party to this Decree, the sufficiencyofwhich is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
This Decree resolves all of the issues raised by EEOC Charge Numbers 160-A3-000467, 160-A3-00980, 160-A3-01IS9 and 160-A3-01007 and the EEOC Complaint in this case. This Decree in no way affects the EEOC's right to process any other pending or future charges that may be filed against Empire in accordance with standard EEOC procedures, and to commence civil actions on any such charges.
1. The parties agree that this Court has jurisdiction ofthe subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met.
2. No party shall contest the jurisdiction ofthe federal court to enforce this Decree and its tenns or the right ofany party to bring an enforcement suit upon breach ofany ofthe terms ofthis Decree by any other party. Breach ofany term ofthis Decree should be deemed to be a substantive breach ofthis Decree.
3. Empire will provide a two (2) hour legal compliance training on laws regarding equal employment opportunity for all managers and Human Resources employees of the area formerly known as the Provider Audit and Reimbursement Unit of the division formerly known as Empire Medicare Services. This training shall be conducted by ELT via computer. A sumrnaryofthe topics encompassed by the training is attached as Exhibit A hereto. Empire will complete this training within four (4) months of the date of entry of this Decree, and will forward to EEOC a detailed agenda 0 f the material presented and a copy ofthe attendance sheet(s) within ten (l0) business days of the completion of the training program.
Page 2 of4

Case 2:05-cv-03161-ADS-WDW Document 12 Filed 08/31/2007 Page 3 of 4
4. Within ten (10) business days ofthe entry ofthis Decree, Empire will post the Notice ofNon-Discrimination that is attached hereto as Exhibit B in a conspicuous place where employees ofthe area formerly known as the Provider Audit and Reimbursement Unit ofthe division formerly known as Empire Medicare Services are employed and which is commonly used for announcements to those employees. This notice shall remain posted for the duration of this Decree.
S. Within ninety (90) days of the entry of this Decree, Empire will revise and redistribute its non-discrimination policy to all employees of the area formerly known as the Provider Audit and Reimbursement Unit of the division formerly known as Empire Medicare Services.
6. Within ten (10) business days ofreceiving a signed release from Thomas Guiffrida in the form attached hereto as Exhibit C, Empire agrees to pay $9,000 to Thomas Guiffrida. This amount represents the difference in pay between what Mr. Guriffrida would have received had he been promoted to Senior Auditor in 2001 and what he did receive. The payment is to be made by check to Thomas Guiffrida by mail to an address to be provided by EEOC. Empire will forward EEOC a copy ofthe check at the same time the check is sent.
7. Consistent with the law, Empire and its officers, managers, successors, assigns or agents shall not discriminate against employees on the basis ofage or retaliate against any individual for asserting his or her rights under the ADEA, including participating or assisting in any way in the investigation or litigation of this matter.
8 The Decree, being entered with the consent of the EEOC and Empire, shall not constitute an adjudication or fmding on the merits ofthe case. The execution and acceptance ofthis Decree by Empire is voluntary and does not constitute an admission of any fact or liability of any kind and may not be used as evidence for any purpose in any litigation except to enforce the Decree.
Page 3 of4

Case 2:05-cv-03161-ADS-WDW Document 12 Filed 08/31/2007 Page 4 of 4

The parties have agreed to enter into this Decree to avoid the cost and expense of further litigation,

and Empire continues to expressly deny any and all liability in connection with the matters alleged in

the Complaint.

9. Each party shall bear his/its own attorneys' fees and costs incurred in this action.

10. This Decree constitutes the complete understanding among the parties. No

modification or other promises or agreements shall be binding unless agreed to in writing and signed

by these parties.

II. This Decree will remain in effect for three (3) years from the date of entry.

Dated:

August 31, 2007 NewYork,NY

sl Elizabeth Grossman Elizabeth Grossman Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 212-336-3696 Attorneys for Plaintiff

sf David S. Warner A. Michael Weber (AW-8760) David S. Warner (DW-4576) Sara D. Sheinkin (SS-9719) LITTLER MENDELSON, P.C. 885 Third Avenue, 16th Floor New York NY 10022.4834 212-583-9600 Attorneys for Defendant
()) Dated: ~~~~1;:-7/i/
.1
U.S.D.I.
Page 40f4

 
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U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:05-cv-03161-ADS-WDW

CLOSED

Equal Employment Opportunity Commission v. Empire Healthchoice HMO, Inc. Assigned to: Senior-Judge Arthur D. Spatt Referred to: Magistrate-Judge William D. Wall Cause: 29:621 Job Discrimination (Age)

Date Filed: 06/29/2005 Date Terminated: 09/04/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Grossman EEOC 33 Whitehall Street 5th Floor New York, NY 212 336 3698 212 336 3698 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S. Dreiband EEOC 1801 "L" Street, N.W. Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC 1801 "L" Street, N.W. Washington, DC 20507 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Lee EEOC 1801 "L" Street, N.W. Washington, DC LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Sirkin EEOC 33 Whitehall Street 5th Floor

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V. Defendant Empire Healthchoice HMO, Inc.
Defendant Wellchoice, Inc.

5th Floor New York, NY 10004 212 336 3698 Fax: 212 336 3623 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Graziano EEOC-New York District Office 33 Whitehall Street 5th Flr. New York, NY 10004 212-336-3698 Fax: 212-336-3623 Email: louis.graziano@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David S. Warner Litter Mendelson, P.C. 885 Third Avenue, 16th Floor New York, NY 10022 212-583-9600 Fax: 212-832-2719 Email: dwarner@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/29/2005
06/29/2005 08/16/2005

# Docket Text
1 COMPLAINT against Empire Healthchoice HMO, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Romano, Daniel) Additional attachment(s) added on 7/26/2005 (Romano, Daniel). (Entered: 07/07/2005)
Summons Issued as to Empire Healthchoice HMO, Inc.. (Romano, Daniel) (Entered: 07/07/2005)
2 AMENDED COMPLAINT against Empire Healthchoice HMO, Inc., filed by Equal Employment Opportunity Commission.(Graziano, Louis) (Entered: 08/16/2005)

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10/17/2005 10/17/2005 10/18/2005 07/20/2006 08/15/2006 08/17/2006
03/02/2007 03/05/2007
06/26/2007 06/26/2007
06/26/2007 06/27/2007

3 Corporate Disclosure Statement by Wellchoice, Inc.. (Attachments: # 1 Certificate of Service)(Warner, David) (Entered: 10/17/2005)
4 ANSWER to Amended Complaint by Wellchoice, Inc.. (Attachments: # 1 Certificate of Service)(Warner, David) (Entered: 10/17/2005)
5 CERTIFICATE OF SERVICE by Wellchoice, Inc. (Warner, David) (Entered: 10/18/2005)
6 ORDER: Scheduling initial conference for 8/17/06. See order and attachments. Ordered by Judge William D. Wall on 7/20/06. (Attachments: # 1 WDW rules# 2 ECF notice) c/e(Disbrow, Sandra) (Entered: 07/20/2006)
7 NOTICE by Wellchoice, Inc., Empire Healthchoice HMO, Inc. Joint Discovery Plan and Proposed Order (Warner, David) (Entered: 08/15/2006)
8 Minute Entry & ORDER for proceedings held before William D. Wall : Initial Conference held on 8/17/2006. The joint proposed discovery plan 7 has been adopted and So Ordered with exceptions. Paragraphs 6-10 are deleted, additional deadlines established. Next pretrial conference will be held on 5/10/07. See attached order. Ordered by William D. Wall on 8/17/06. c/g (Disbrow, Sandra) (Entered: 08/17/2006)
9 Joint MOTION for Extension of Time to Complete Discovery And Subsequent Deadlines by Wellchoice, Inc.. (Attachments: # 1 [PROPOSED] AMENDED SCHEDULING ORDER) (Warner, David) (Entered: 03/02/2007)
ELECTRONIC ORDER granting 9 Motion for Extension of Time to Complete Discovery. The proposed Amended Scheduling Order attached to the motion is hereby So Ordered. The pretrial conference scheduled for 5/10/07 is adjourned to 7/10/07 at 10:30 a.m. No further extensions will be granted absent a showing of manifest injustice. Ordered by JudgeWilliam D. Wall on 3/5/07. (Disbrow, Sandra) (Entered: 03/05/2007)
10 Proposed Scheduling Order (Amended) by Wellchoice, Inc., Equal Employment Opportunity Commission (Attachments: # 1 Text of Proposed Order) (Warner, David) (Entered: 06/26/2007)
ELECTRONIC ORDER re 10 Proposed Scheduling Order filed by Equal Employment Opportunity Commission, Wellchoice, Inc. Court-ordered deadlines may not be extended by the parties without leave of the court. To the extent that this filing may be construed as an application to extend those deadlines, it is denied without prejudice to renew for failure to comply with the undersigned's individual rules 1(C) and/or 2(C). Any request for court intervention must be electronically filed as a "Motion." Ordered by Judge William D. Wall on 6/26/07. (Disbrow, Sandra) (Entered: 06/26/2007)
11 MOTION for Extension of Time to File by Wellchoice, Inc., Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order) (Warner, David) (Entered: 06/26/2007)
ELECTRONIC ORDER granting 11 Motion. Any party seeking to make a dispositive motion shall serve its Rule 56.1 statement by 8/30/07. The pretrial conference scheduled for 7/10/07 is adjourned to 9/10/07 at 10:30 a.m. Ordered

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08/30/2007
08/31/2007 09/04/2007 09/06/2007

by JudgeWilliam D. Wall on 6/27/07. (Disbrow, Sandra) (Entered: 06/27/2007)
ORDER The conference scheduled for September 10, 2007 must be adjourned to September 17 at 2:30 p.m. Counsel shall confirm the new date with one another upon receipt of this electronic order. Any request to adjourn this conference must be docketed as a letter motion or motion, and must include alternative dates acceptable to all parties. Ordered by Judge William D. Wall on 8/30/07. (Hepworth, F.) (Entered: 08/30/2007)
12 STIPULATION and Proposed Consent Decree by Wellchoice, Inc., Equal Employment Opportunity Commission (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Warner, David) (Entered: 08/31/2007)
13 ORDER granting 12 Proposed Consent Decree. Case Closed. (Signed by Judge Arthur D. Spatt on 9/4/07). (Coleman, Laurie) (Entered: 09/12/2007)
ELECTRONIC ORDER: In light of the parties' filing of a proposed consent decree, the pretrial conference before the undersigned scheduled for 9/17/07 is adjourned without date. Ordered by Judge William D. Wall on 9/6/07. (Disbrow, Sandra) (Entered: 09/06/2007)

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