NEWYORK/#190822.6 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

ESTER LORUSSO, 

Plaintiff, 

Case No. 07 CV 3583 (LBS)(RLE) 

-againstALITALIA–LINEE AEREE ITALIANE SpA, 

Defendant. 

STATEMENT OF UNCONTESTED MATERIAL FACTS IN SUPPORT OF 

DEFENDANT ALITALIA–LINEE AEREE ITALIANE SPA’S

MOTION FOR SUMMARY JUDGMENT

Defendant Alitalia–Linee Aeree Italiane SpA, by its attorneys, Vedder Price P.C., 

submits this Statement of Uncontested Material Facts, pursuant to Rule 56.1 of the Local Civil 

Rules of the United States District Court for the Southern District of New York, in support of its 

motion for summary judgment dismissing the Complaint by Ester Lorusso in the above 

captioned action. 

This Statement of Uncontested Material Facts contains citations to the record in which 

support for such facts is found. Copies of those portions of the record which are referenced 

herein are annexed to the accompanying Declaration of Alan M. Koral, Esq. (“Koral 

Declaration”). 

Parties 

1. Defendant Alitalia–Linee Aeree Italiane SpA (“Defendant” or “Alitalia”) is the 

national airline of Italy and is headquartered in Rome, Italy. Alitalia’s principal New York 

office is at 350 Fifth Avenue, New York, New York (Complaint, attached to the Notice of the 

instant Motion, ¶2). 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 1 of 17
NEWYORK/#190822.6 -2- 

2. Plaintiff Ester Lorusso (“Plaintiff” or “Lorusso”) was an employee of Alitalia 

from October 1978 until January 2007 (Complaint, ¶1). 

Elimination of Lorusso’s Position as 

Director of Marketing for Alitalia’s Passenger Division 

3. By the year 2000, Lorusso had been promoted to the position of Director of 

Marketing for Alitalia’s Passenger Division (Complaint, ¶10; Deposition of Ester Lorusso, 

hereafter “Lorusso Dep.,” p. 31 (all referenced pages are collected in minuscript form at Ex. A to 

Koral Declaration)). 

4. In 2003, Giulio Libutti (“Libutti”) was transferred from Buenos Aires Argentina 

to Alitalia’s New York office, where he became Senior Vice President, North America, and 

where Lorusso reported to him (Complaint, ¶¶16-17; January 21, 2008 Deposition of Giulio 

Libutti, hereafter “1/21 Libutti Dep.,” p. 10 (all referenced pages are collected in minuscript form 

at Ex. B to Koral Declaration)). 

5. In 2004, in response to widely-reported financial difficulties characterized 

variously as a “big financial crisis,” a “very strong [financial] crisis,” and the “bad condition of 

the company,” Alitalia took a number of cost-saving initiatives including, inter alia, the 

introduction of an early retirement plan and worldwide reductions in force (Deposition of Andrea 

Porru, hereafter “Porru Dep.,” p. 7 (all referenced pages are collected at Ex. C to Koral 

Declaration); January 22, 2008 Deposition of Giulio Libutti, pp. 43-44 (all referenced pages are 

collected in minuscript form at Ex. D to Koral Declaration); Deposition of Pierandrea Galli, 

hereafter “Galli Dep.,” p. 38 (all referenced pages are collected At Ex. E to Koral Declaration)). 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 2 of 17
NEWYORK/#190822.6 -3- 

6. Over the course of the three years from December 31, 2003 to December 31, 

2006, Alitalia reduced its presence in New York from 130 employees to 58, and it reduced its 

presence by a further 10 employees over the course of the next year (Defendant’s Verified 

Response to Plaintiff’s Second Set of Interrogatories, and Schedule A thereto, annexed as 

Exhibit AA to the Koral Declaration; see also 1/21 Libutti Dep. p. 28, at Ex. B to Koral 

Declaration; Deposition of Angela Ross, hereafter “Ross Dep.,” pp. 23-24 (all referenced pages 

are collected at Ex. F to Koral Declaration)). 

7. In or around August of 2004, a decision was made by the Senior Vice President of 

Marketing and Business Strategies at Alitalia’s headquarters to centralize all of the company’s 

Passenger Division advertising functions there and to close the rest of the company’s Passenger 

Division advertising and marketing offices (Galli Dep. pp. 24-25, at Ex. E to Koral Declaration). 

Lorusso’s work responsibilities principally addressed advertising, and consequently her job was 

eliminated, although not until she had accepted a new position. Neither Libutti nor or his 

supervisor, Pierandrea Galli, was the decisionmaker (Lorusso Dep. pp. 190-94, at Ex. A to Koral 

Declaration; 1/21 Libutti Dep. pp. 48-51, 76-77, at Ex. B to Koral Declaration; Galli Dep. pp. 

17-18, 24-25, 27, 43-44, at Ex. E to Koral Declaration; e-mail from Libutti to Andrea Porru 

dated November 9 2006 and annexed as Ex. G to Koral Declaration). 

8. Certain of the surviving functions of Lorusso’s department were redistributed to 

Lisa Del Percio and Francesca Forte, both women. Responsibilities for planning an annual 

symposium were transferred from Elizabeth Santella, a female subordinate of Lorusso’s, to 

Grace DeFranco, a female subordinate of Timothy O’Neill, a man who was “a little older” than 

Lorusso (Lorusso Dep. pp. 47-48, 192-93, 196-97, 202-04, 272-73, at Ex. A to Koral 

Declaration). 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 3 of 17
NEWYORK/#190822.6 -4- 

9. Lorusso herself was promoted to the position of Managing Director of GA 2000, a 

subsidiary of Alitalia (1/21 Libutti Dep. pp. 50-52, at Ex. B to Koral Declaration; Galli Dep. p. 

27, at Ex. E to Koral Declaration; January 7, 2008 Deposition of Francesco Gallo, hereafter “1/7 

Gallo Dep.,” pp. 96-97 (all referenced pages are collected at Ex. H to Koral Declaration)). GA 

2000’s objective was to “safeguard and regain” Italian-American “ethnic” air passenger traffic 

(1/7 Gallo Dep. pp. 26-27, at Ex. H to Koral Declaration). 

Lorusso’s First Complaint 

10. On or around August 24, 2004, Lorusso met with Andrea Sciarresi (“Sciarresi”), 

then Alitalia’s Human Resources Director, and complained about the alleged fact that she was 

the lowest paid of the three directors at her level and two events that had previously occurred: the 

transfer of certain of her department’s duties to Timothy O’Neill’s department, and the plan to 

promote her to Managing Director of GA 2000. She memorialized these concerns via an e-mail 

to Sciarresi, claiming that “these instances are resulting in an issue of gender bias” (Lorusso Dep. 

pp. 250-51, at Ex. A to Koral Declaration; e-mail annexed as Ex. I to Koral Declaration). 

11. Lorusso maintains that she was being “transferred” to GA 2000, rather than 

promoted, and complained on or around September 1, 2004, via e-mail to Sciarresi, that this 

constituted “continuing discrimination” (Lorusso Dep. p. 257, at Ex. A to Koral Declaration; email annexed as Ex. J to Koral Declaration). Nonetheless, she acknowledges that her title was 

changed from “Director” to “Managing Director” and that her salary was increased from 

“$80,000.00” (actually $78,520.80) per year to $105,000 per year (Complaint, ¶21; Lorusso Dep. 

pp. 127-28, at Ex. A to Koral Declaration; October 13, 2004 letter from Andrea Sciarresi and 

Giulio Libutti to Ester Lorusso annexed as Ex. K to Koral Declaration). Francesco Gallo, then 

Alitalia’s Senior Vice President for Corporate Affairs, who orchestrated the transfer, confirmed 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 4 of 17
NEWYORK/#190822.6 -5- 

that it was a promotion (1/7 Gallo Dep. pp. 128-29, at Ex. H to Koral Declaration; January 11, 

2008 Deposition of Francesco Gallo, hereafter “1/11 Gallo Dep.,” pp. 73-74, 85 (all referenced 

pages are collected in minuscript form at Ex. L to Koral Declaration)). 

12. Gallo did not consider Lorusso’s promotion to GA 2000 to be discriminatory and 

disagreed with her characterization of it at the time as a “unilateral transfer” (1/11 Gallo Dep. pp. 

73-74, 85, at Ex. L to Koral Declaration; 1/7 Gallo Dep. pp. 128-29, at Ex. H to Koral 

Declaration). Libutti felt that the promotion to GA 2000 was “a very good opportunity” because 

“she [could] work as a managing director [and] have a lot of autonomy in her profit and loss,” in 

addition to gaining the sales experience that she lacked and receiving a significant salary increase 

(1/21 Libutti Dep. pp. 49-50, at Ex. B to Koral Declaration). However, while Lorusso was at GA 

2000, her subordinate, John Ferro (“Ferro”), actually held primary responsibility for sales 

(Lorusso Dep. p. 156-57, at Ex. A to Koral Declaration). 

13. On or around September 16, 2004, Lorusso complained again via e-mail, this time 

to Libutti and Gallo, that she had not been invited to a recent sales meeting in Rome and that it 

was her belief that she was “systematically being cut out of... [her] responsibilities”. She 

acknowledged in that e-mail that an investigation into her complaints was already under way. 

(Lorusso Dep. pp. 262-63, at Ex. A to Koral Declaration; e-mail annexed as Ex. M to Koral 

Declaration). 

14. Lorusso was informed via a letter dated September 17, 2004, signed by Libutti 

and Gallo, that the list of invitees to the sales meeting had been composed in Rome and that “the 

home office decided to limit it to certain functions only”. She was also assured that her office 

would be involved in the planning of an upcoming concert sponsored by Alitalia—which had 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 5 of 17
NEWYORK/#190822.6 -6- 

prompted her complaint that she believed that her responsibilities were being “systematically” 

taken from her—“in due time” (Lorusso Dep. pp. 264-65, at Ex. A to Koral Declaration; letter 

annexed as Ex. N to Koral Declaration). Lorusso then responded, on or around September 20, 

2004, via an e-mail to Libutti and Gallo, characterizing the representation that the sales meeting 

had been limited to “certain functions only” as “false” (Lorusso Dep. p. 267, at Ex. A to Koral 

Declaration; letter annexed as Ex. O to Koral Declaration). 

15. On or around September 2, 2004, as part of the investigation, Gallo and Stephanie 

DiClemente (“DiClemente”), then Manager of Employee Relations and Organizational 

Development for Alitalia, met with Lorusso, as documented in a memorandum prepared by 

DiClemente (Lorusso Dep. pp. 260-62, at Ex. A to Koral Declaration; memorandum annexed as 

Ex. P to Koral Declaration). Gallo and DiClemente also met subsequently with Libutti, who 

rebutted all of Lorusso’s accusations, including her claim that she was paid less than all of the 

company’s other directors, as documented in a second memorandum prepared by DiClemente 

(memorandum annexed as Ex. Q to Koral Declaration). 

16. Lorusso testified that she resisted the transfer in part because she “suspected” that 

GA 2000 might soon close (Lorusso Dep. p. 205, at Ex. A to Koral Declaration). However, 

Gallo, who also functioned as GA 2000’s president at the time, testified that at the point that 

Lorusso arrived and in the subsequent year he had no reason to believe that Alitalia’s 

management was considering closing GA 2000 and, in fact, that he “expected GA [2000] to 

grow, because that was the project” (1/7 Gallo Dep. pp. 27, 101, 128-29, at Ex. H to Koral 

Declaration). Libutti, Lorusso’s supervisor prior to her promotion, also lacked awareness of any 

such plan to close GA 2000 (1/21 Libutti Dep. p. 52, at Ex. B to Koral Declaration). Indeed, a 

memorandum signed by Libutti and Gallo, dated July 6, 2004, contrasted GA 2000 favorably 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 6 of 17
NEWYORK/#190822.6 -7- 

with another Alitalia subsidiary, noting that GA 2000, “despite the negative trends in the sector 

in the years 2002/2003, has developed to the point that it recorded (2002) sales for more than 

USD 25 million...”. The memorandum did not reflect any plan to close GA 2000, although it 

did recommend the closing of the other subsidiary (memorandum and certified translation of 

same annexed as Ex. R to Koral Declaration). 

Elimination of Lorusso’s Position as Managing Director of GA 2000

17. In late 2005, Libutti, Gallo and Marco Marchese—Alitalia’s Chief Financial 

Officer for the Americas—determined to close GA 2000, with the approval Alitalia’s Rome 

offices, because the subsidiary was losing money and “there was no more commercial need [for 

it]” (Galli Dep. pp. 12-13, at Ex. E to Koral Declaration; 1/21 Libutti Dep. pp. 52-53, at Ex. B to 

Koral Declaration; September 19, 2005 memorandum titled “proposal for winding up... Service 

LTD (GA 2000)” and certified translation of same annexed as Ex. S to Koral Declaration). 

18. All of GA 2000’s employees (16 to 18 individuals), except for Lorusso and Ferro, 

were terminated and received two weeks severance. Ferro qualified for an early retirement plan 

that was being offered to employees who were aged 50 or older and who had worked at Alitalia 

for 15 years or more as of December 31, 2005, but Lorusso was too young to do so (Lorusso 

Dep. pp. 130, 156, 208, at Ex. A to Koral Declaration; Plan Document and Summary Plan 

Description annexed as Ex. T to Koral Declaration). 

19. Lorusso alleges that in October 2005, after she learned that GA 2000 was closing, 

she complained of “age and gender discrimination”. She does not recall to whom this complaint 

was made or whether or not it was in writing (Complaint, ¶30; Lorusso Dep. pp. 206-207, at Ex. 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 7 of 17
NEWYORK/#190822.6 -8- 

A to Koral Declaration). No evidence of this purported complaint other than Lorusso’s 

testimony has been adduced during the discovery process. 

20. Lorusso retained her Managing Director’s salary of $105,000.00 from November, 

2005 until she was given the position of Director of Marketing Communications for Alitalia’s 

Cargo Division in April of 2006 (Lorusso Dep. pp. 131-32, at Ex. A to Koral Declaration). 

21. While in the Cargo Division, Lorusso’s job consisted of, among other functions, 

assembling a client database, putting together newsletters, and developing promotional materials

(Lorusso Dep. pp. 237-38, at Ex. A to Koral Declaration). Lorusso also assumed responsibility 

for a “very, very important” project with Delta/Air France, and Gallo testified that the Director 

of Marketing Communications position was “a real job” (1/7 Gallo Dep. pp. 109-10, at Ex. A to 

Koral Declaration). 

22. During both the period that Lorusso was Managing Director of GA 2000 and most 

of the subsequent period when she worked in the Cargo Division, she shared the 36th floor with 

the IT department and the ticketing office (the latter consisting of about eight people) as well as 

with her subordinates at GA 2000, until that subsidiary closed (Lorusso Dep. pp. 212-14, 242-43, 

at Ex. A to Koral Declaration). 

The Regulatory Affairs Positions 

23. After being informed of the elimination of her position as Managing Director of 

GA 2000, Lorusso expressed an interest in applying for the position of Vice President of 

Regulatory Affairs (1/11 Gallo Dep. pp. 44-45, at Ex. L to Koral Declaration). She claims that 

she was denied the opportunity to do so and that the position went to “a younger male with no 

experience,” Dursun Oksuz (Complaint ¶¶ 34-35). 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 8 of 17
NEWYORK/#190822.6 -9- 

24. Lorusso’s purported qualification for the position as Vice President for 

Regulatory Affairs, in which she would be required to deal with government agencies and ensure 

compliance with their regulations, was the fact that she had “been in charge of customer 

relations,” and she acknowledged that she had never actually dealt with any government agencies 

in connection with her previous job duties (Lorusso Dep. pp. 159-161, 164-67, at Ex. A to Koral 

Declaration). 

25. When Lorusso inquired as to “why would someone who barely speaks English, is 

totally incompetent, be placed in that position when I wasn’t even considered,” she was told that 

Oksuz was engaged in a homosexual liaison with Gallo, who hired him for the Regulatory 

Affairs position. Allegations regarding this relationship and promotion were “in the air” in 

Alitalia’s offices (Lorusso Dep. pp. 88-90, at Ex. A to Koral Declaration). 

26. Gallo, for his part, testified that he did not consider Lorusso for the position 

because she was already employed with GA 2000 (1/11 Gallo Dep. pp. 43-44, at Ex. L to Koral 

Declaration). He also testified that he viewed Lorusso and Oksuz as equally unqualified, but that 

Oksuz had more potential to “learn and grow” because of his background in law and computer 

technology, as well as his dedication and willingness to devote a significant amount of time to 

learning the job (1/11 Gallo Dep. pp. 42-43, 46, 58-59, at Ex. L to Koral Declaration). 

27. Subsequently, in or around November 2006, the Regulatory Affairs position 

became available a second time (though it had now been downgraded to Director) and Lorusso 

actually interviewed it on November 8, 2006 (Lorusso Dep. pp. 214-16, at Ex. A to Koral 

Declaration; e-mail from Andrea Porru to Lorusso dated November 7 2006 and annexed as Ex. 

W to Koral Declaration). However, she did not then and has at no time since alleged or offered 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 9 of 17
NEWYORK/#190822.6 -10- 

any evidence that her qualifications had improved since the first time that she had expressed 

interest in the position and, in any case, the benefits and compensation for the position would 

have been the same as those of the director-level position that she already held. Lorusso also 

does not allege that the position was filled at any time prior to her departure from Alitalia, but 

admits instead that Orlando D’Oro—the previous Vice President of Regulatory Affairs, who had 

accepted an early retirement package—still remained on as a consultant for regulatory affairs 

matters (Lorusso Dep. pp. 168, 286-87, at Ex. A to Koral Declaration). 

The Sales and Marketing Positions 

28. Lorusso alleges that two positions “in her area of expertise, marketing and sales, 

opened up” in the fall of 2006, while she was in the Cargo Division (Complaint, ¶44). She did 

not ask to interview for either position because she “didn’t even know they were available” 

(Lorusso Dep. pp. 219-220, at Ex. A to Koral Declaration). 

29. The marketing position was given to Lucia Alla, a female of “[a]bout 50” 

(Lorusso Dep. pp. 148-50, at Ex. A to Koral Declaration). Lorusso did not express an interest in 

that position to anyone in either the Passenger Division or in Human Resources; in fact, the only 

supervisor with whom she discussed it was Walter Longo (“Longo”), her own boss in the Cargo 

Division (Lorusso Dep. p. 151, at Ex. A to Koral Declaration). 

The Bonus Program 

30. During 2006, Alitalia offered an incentive program to certain Cargo Division 

employees whose job responsibilities primarily concerned generating revenue, and to certain 

executives in Italy whose job responsibilities primarily concerned airline operations. It was not 

offered to employees whose job responsibilities primarily concerned communications. Because 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 10 of 17
NEWYORK/#190822.6 -11- 

Lorusso, as Director of Marketing Communications, was one such employee, she was not 

eligible to participate in the program (accompanying Affidavit of Marco D’Ilario, hereafter 

“D’Ilario Affidavit,” ¶2). 

31. Lorusso never inquired of anyone at Alitalia—either in management or human 

resources—why she was not a participant in the bonus program (Lorusso Dep. pp. 248-49, at Ex. 

A to Koral Declaration). 

Lorusso’s Complaints While in Cargo Division 

32. On or around September 27, 2006, Lorusso complained via e-mail to Longo, her 

supervisor, copying Alitalia’s new Director of Human Resources for the Americas, Andrea Porru 

(“Porru”), that her job responsibilities as Director of Marketing Communications for the Cargo 

Division “remain[ed] unclear”. She further complained that her salary had been reduced from 

the amount she had earned as Managing Director of GA 2000, that she had been placed on 

probation for six months, that she had not been invited to attend certain meetings and that she 

was “isolated” on the 36th floor. She did not suggest that she believed that she was being 

discriminated against on the basis of her age or sex, although she did refer to her earlier 

complaint regarding “sexual discrimination” of summer 2004 (Lorusso Dep. pp. 283-84, at Ex. A 

to Koral Declaration; e-mail annexed as Ex. U to Koral Declaration). 

33. On or around October 11, 2006, Porru responded to Lorusso, promising to 

investigate her claims regarding the alleged failure to include her in meetings and her purported 

isolation, and informing her that Longo had confirmed that she had successfully completed 

probation. (Lorusso Dep. pp. 283-84, at Ex. A to Koral Declaration; e-mail annexed as Ex. U to 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 11 of 17
NEWYORK/#190822.6 -12- 

Koral Declaration). Lorusso herself acknowledges that she did not suffer any ill effects as a 

result of being on probation (Lorusso Dep. p. 291, at Ex. A to Koral Declaration). 

34. On or around October 30, 2006, Porru e-mailed a list of nine questions—some 

with multiple individually lettered parts—to Longo as part of his investigation into Lorusso’s 

concerns; Longo responded on or around November 9, stating, inter alia, that the decision not to 

invite Lorusso to certain meetings had been made in Rome because the meetings in question did 

not require a contribution from her and that he (Longo) had, in fact, requested previously that 

Lorusso be moved to a less “isolated” area (e-mails annexed as Ex. V to Koral Declaration). 

35. Lorusso meanwhile complained to Porru directly via e-mail on or around 

November 6, 2006, detailing the ways in which she believed that her current position was below 

her capabilities. She noted that Lucia Alla—a woman who is Lorusso’s age—had recently been 

promoted to a director-level position in the Passenger Division, for which Lorusso believed 

herself to be qualified, and questioned Alitalia’s business judgment, asking “Is there a need to... 

tax the company further?” Again, she did not refer to discrimination on the basis of either her 

age or sex (Lorusso Dep. pp. 286-87, at Ex. A to Koral Declaration; e-mail annexed as Ex. W to 

Koral Declaration). 

36. On or around November 7, 2006, Porru again e-mailed Longo asking that Longo 

respond to a further series of questions addressing the allegations raised by Lorusso in her 

November 6 e-mail; Longo then responded on or around November 10, confirming that 

Lorusso’s position was “real,” that Lorusso had performed significant work in the position and 

that she would continue to do so (Porru Dep. pp. 20-21, at Ex. C to Koral Declaration; e-mails 

annexed as Ex. X to Koral Declaration). 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 12 of 17
NEWYORK/#190822.6 -13- 

37. Simultaneously, on or around November 8, 2006, Porru e-mailed a list of twentyfive questions—many of which, again, contained multiple parts—to Libutti as part of his 

investigation into Lorusso’s allegations about him, and Libutti responded on or around 

November 9, 2006, interpolating his responses into the body of Porru’s e-mail (Porru Dep. pp. 

22-23, at Ex. C to Koral Declaration; e-mail annexed as Ex. G to Koral Declaration). 

38. Porru’s investigation of Lorusso’s complaints concluded upon her departure from 

Alitalia in January 2007 because Lorusso refused to speak with him beyond that point (Porru 

Dep. pp. 26, 34, 37-39, 44, at Ex. C to Koral Declaration; Lorusso Dep. pp. 284-86, at Ex. A to 

Koral Declaration). 

Worldwide Reduction in Force 

39. In December of 2006 and January of 2007, Alitalia’s management determined to 

engage in a worldwide restructuring of the Cargo Division in an effort to achieve the company’s 

profitability targets. As part of that process, management determined to eliminate more than 

fifty positions (more than 14% of the Cargo Division’s total workforce) and to centralize the 

Cargo Division’s director level marketing and communications positions in Alitalia’s Rome 

office (Galli Dep. pp. 8-10, at Ex. E to Koral Declaration; Porru Dep. pp. 39-40, at Ex. C to 

Koral Declaration; D’Ilario Affidavit ¶ 3; e-mail and certified translation of same annexed as Ex. 

Y to Koral Declaration). 

40. Marco D’Ilario (“D’Ilario”), then Head of International Cargo Sales, consequently 

determined to eliminate Lorusso’s position as part of this restructuring (D’Ilario Affidavit ¶¶ 1, 

3; Galli Dep. pp. 8-10, at Ex. E to Koral Declaration). On or around December 13, 2006, 

D’Ilario sent an e-mail to various members of Alitalia’s management reflecting a determination 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 13 of 17
NEWYORK/#190822.6 -14- 

made by him at an earlier meeting amongst some of those managers to reconfigure the Cargo 

Division by eliminating 8 positions in North America and 50 positions worldwide, including that 

of “Director of Communications and Marketing” (e-mail and certified translation of same 

annexed as Ex. Y to Koral Declaration). 

41. On or around January 4, 2007, D’Ilario sent a further e-mail elaborating on his 

intention to eliminate the 8 positions identified in his previous e-mail. The position of Director 

of Communications and Marketing was to be eliminated by January 31 (Galli Dep. p. 10, at Ex. 

E to Koral Declaration; e-mail and certified translation of same annexed as Ex. Y to Koral 

Declaration). 

42. Lorusso was informed of her impending termination on or around January 18 

(Complaint, ¶46). At the time of her job elimination, she was offered an enhanced severance 

package based upon her status as a director, which she refused (Porru Dep. pp. 31-32, at Ex. C to 

Koral Declaration; January 18, 2007 letter from Porru to Lorusso annexed as Ex. Z to Koral 

Declaration). 

Alleged Discriminatory Acts by Libutti and Galli 

43. Lorusso does not recall ever having heard Libutti or his supervisor, Pierandrea 

Galli (“Galli”), publicly or privately express contempt for older employees (Lorusso Dep. pp. 42-

43, 84, at Ex. A to Koral Declaration). 

44. She recalls only one instance which she characterizes as an expression of 

contempt by Libutti for female employees, in which Libutti “referred to a female marketing 

executive in Rome and he alluded to the fact that she could get a higher position if she would 

sleep with someone” (Lorusso Dep. pp. 43-44, at Ex. A to Koral Declaration). 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 14 of 17
NEWYORK/#190822.6 -15- 

45. She also recalls one instance in which Galli allegedly stated publicly that 

“[S]peeches are like women’s skirts. The shorter the better.” (Lorusso Dep. pp. 83-84, at Ex. A 

to Koral Declaration). 

46. Lorusso also claims that on one occasion, at an event commemorating the launch 

of Alitalia’s Washington D.C. office, Libutti allegedly “screamed at” her because she had 

employed Alitalia staff, rather than professional models, to serve as greeters and because he 

believed that she was purposely failing to return his telephone calls (Lorusso Dep. pp. 110-12, at 

Ex. A to Koral Declaration). 

47. Lorusso has suggested that Libutti “started the chain of events that led to... [her] 

termination” (Lorusso Dep. p. 125, at Ex. A to Koral Declaration), but Libutti had already 

departed the employ of Alitalia at the point that the decision was made to eliminate her position 

and, in any case, he had had no involvement with the Cargo Division when he was at Alitalia 

(1/21 Libutti Dep. pp. 9-10, 51, 55-58, at Ex. B to Koral Declaration; Lorusso Dep. pp. 125-26, 

at Ex. A to Koral Declaration). 

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 15 of 17
NEWYORK/#190822.6 -16- 

Dated: New York, New York 

April 28, 2008

VEDDER PRICE P.C. 

By: s/ Alan M. Koral 

Alan M. Koral (AK-1503) 

Daniel C. Green (DG-0059) 

1633 Broadway, 47th Floor 

New York, New York 10019 

(212) 407-7700 

Attorneys for Defendant

Alitalia–Linee Aeree Italiane SpA

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 16 of 17
NEWYORK/#190822.6 -17- 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

ESTER LORUSSO, 

Plaintiff, 

Case No. 07 CV 3583 (LBS)(RLE) 

-againstALITALIA–LINEE AEREE ITALIANE SpA, 

Defendant. 

CERTIFICATE OF SERVICE

I, Daniel Green, hereby declare, pursuant to 28 U.S.C. 1746, under penalty of perjury, 

that on April 28, 2008, I caused a copy of the STATEMENT OF UNCONTESTED 

MATERIAL FACTS IN SUPPORT OF DEFENDANT ALITALIA–LINEE AEREE 

ITALIANE SPA’S MOTION FOR SUMMARY JUDGMENT to be served upon Plaintiff by 

electronically filing same, thereby ensuring that Plaintiff’s attorney, Robert Ottinger, Esq. of The 

Ottinger Firm, P.C., received same because he is a registered e-filer and registered to receive enotices in this case.

DATED: April 28, 2008 s/ Daniel C. Green 

Daniel C. Green

Case 1:07-cv-03583-LBS-RLE Document 24 Filed 04/28/2008 Page 17 of 17