Case: VASZLAVIK v. STORAGE TEK CORP

1:95-cv-02525 | U.S. District Court for the District of Colorado

Filed Date: Oct. 2, 1995

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On October 2, 1995, former employees of Storage Tek Corporation filed a lawsuit under ERISA, the ADEA, and the ADA, against Storage Tek in the United States District Court, District of Colorado. The plaintiffs, represented by private counsel, asked the court for injunctive, declaratory, and compensatory relief, claiming that they were wrongfully discharged. Specifically, plaintiffs claimed that they were treated less favorably than younger employees as a result of a company-wide strategy to r…

On October 2, 1995, former employees of Storage Tek Corporation filed a lawsuit under ERISA, the ADEA, and the ADA, against Storage Tek in the United States District Court, District of Colorado. The plaintiffs, represented by private counsel, asked the court for injunctive, declaratory, and compensatory relief, claiming that they were wrongfully discharged. Specifically, plaintiffs claimed that they were treated less favorably than younger employees as a result of a company-wide strategy to reduce costs and its older workforce.

On November 26, 1997, the District Court (Judge Lewis Babcock) granted Plaintiffs' motion to certify an ADEA collective action but denied the motion to certify an ERISA class action. The Court found that conditional certification of an ADEA action was appropriate because Plaintiffs had shown that members of the proposed class were negatively impacted by Defendant's "Strategic Plan." However, the Court declined to certify an ERISA class action because Plaintiffs' proposed class definition was over-inclusive. Vaszlavik v. Storage Tek Corp., 175 F.R.D. 672 (D. Col. 1997).

The Court granted Plaintiffs' second motion to certify an ERISA class action on November 9, 1998. The Court found that Plaintiffs' revised class definition was adequate to define the class. The ERISA class was defined as: "all employees who were over the age of 40 at the time of their layoffs by employer, between April 13, 1993, and Dec. 31, 1996, because of their perceived above-average use or perceived anticipated above-average use of company benefits." Vaszlavik v. Storage Tek Corp., 183 F.R.D. 264 (D. Col. 1998).

On March 9, 2000, the Court approved the parties' settlement and dismissed the case. The settlement provided $5 million to members of the ADEA class and injunctive and declaratory relief to members of the ERISA class. Vaszlavik v. Storage Tek Corp., 2000 U.S.Dist.LEXIS 21129 (D. Col. Mar. 9, 2000). On the same day, the Court also granted Plaintiffs' counsel approximately $1.8 million in fees and costs.

The case has thus been resolved and was closed in March 2000.

Summary Authors

Haley Waller (8/19/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4695122/parties/vaszlavik-v-storage-tek-corp/


Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

Benezra, Seth J. (Colorado)

Culver, John A. (Colorado)

Attorney for Defendant

Bland, Richard Len (Colorado)

Ferguson, Nancy K. (Colorado)

Documents in the Clearinghouse

Documents in this case

1:95-cv-02525

Docket

Vaszlavik v. Storage Tek Corporation

July 26, 2005

July 26, 2005

Docket
178

1:95-cv-02525

MEMORANDUM OPINION & ORDER (Granting motion to certify ADEA collection action and denying motion to certify ERISA class action)

Vaszlavik v. Storage Tek Corporation

Nov. 26, 1997

Nov. 26, 1997

Order/Opinion

175 F.R.D. 672

297

1:95-cv-02525

MEMORANDUM OPINION AND ORDER (Granting second motion to certify ERISA class action)

Vaszlavik v. Storage Tek Corporation

Nov. 9, 1998

Nov. 9, 1998

Order/Opinion

183 F.R.D. 264

527

1:95-cv-02525

ORDER APPROVING CLASS SETTLEMENT AND DISMISSING CLASS CLAIMS WITH PREJUDICE

Vaszlavik v. Storage Tek Corporation

March 9, 2000

March 9, 2000

Order/Opinion

2000 U.S.Dist.LEXIS 21129

528

1:95-cv-02525

ORDER GRANTING CLASS COUNSEL’S PETITION FOR ATTORNEY FEES AND COSTS

Vaszlavik v. Storage Tek Corporation

March 9, 2000

March 9, 2000

Order/Opinion

2000 U.S.Dist.LEXIS 21140

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4695122/vaszlavik-v-storage-tek-corp/

Last updated March 26, 2026, 4:48 a.m.

ECF Number Date Description Link
1 Oct. 2, 1995

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 10/03/1995)

RECAP
Oct. 2, 1995

FILING FEE PAID: on 10/2/95 in the amount of $ 120.00, receipt # 175150. (former empl)

2 Oct. 3, 1995

AMENDED COMPLAINT [1-1] by plaintiffs Pamela Wilson, Arthur J. Gercken, Patrick L. Ellis; jury demand terminating defendant Storage Tek Corp; adding Storage Technology Corporation (lam) (Entered: 10/05/1995)

RECAP
3 Jan. 3, 1996

RETURN OF SERVICE of Summons and Amended Complaint was made upon Pam Truillo, Prentice Hall Legal & Financial on 1/3/96 with no indication if for defendant Storage Tech Corp (former empl) (Entered: 01/04/1996)

RECAP
4 Jan. 25, 1996

ANSWER by defendant Storage Tech Corp to Amended complaint [2-1] (former empl) (Entered: 01/26/1996)

RECAP
5 Jan. 29, 1996

ORDER FOR RULE 16 CONFERENCE by Judge Lewis T. Babcock ; Rule 16 conference set for 8:00 2/28/96 (cc: all counsel) (former empl) (Entered: 01/31/1996)

RECAP
6 Feb. 28, 1996

COURTROOM MINUTES by Judge Lewis T. Babcock ; rule 16 conf held on 2/28/96 ; in court hrg on mtn/class certif. set for 3:00 pm on 10/3/96 ; ref to MJ Schlatter, sched order amnd'd by interlineation apprv'd; appropriate mtns are to be fl'd re: layoffs, etc. ; entry date : 2/28/96 Court Reporter: Gwen Daniel (former empl) (Entered: 02/28/1996)

RECAP
7 Feb. 28, 1996

MINUTE ORDER : by Judge Lewis T. Babcock ; in court hrg on mtn/class certification set for 3:00 10/3/96 (cc: all counsel) ; entry date : 2/28/96 (former empl) (Entered: 02/28/1996)

RECAP
8 Feb. 28, 1996

ORDER by Judge Lewis T. Babcock referring case to Magistrate Judge O. E. Schlatter for discovery and pretrial (cc: to counsel) (former empl) (Entered: 02/28/1996)

RECAP
9 Feb. 28, 1996

SCHEDULING ORDER w/amndmnts by interlineation by Judge Lewis T. Babcock ; Discovery cutoff 5/15/97 ;dispositive motions due 11/30/96 (cc: all counsel) (former empl) (Entered: 02/28/1996)

RECAP
10 March 1, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:30 3/26/96 ; pretrial conf set for 9:00 10/25/96 (cc: all counsel) ; entry date : 3/4/96 (former empl) (Entered: 03/04/1996)

RECAP
11 March 18, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf vacated (cc: all counsel) ; entry date : 3/18/96 (former empl) Modified on 04/30/1999 (Entered: 03/18/1996)

RECAP
12 April 11, 1996

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to submit 2nd amd'd cmplt (former empl) (Entered: 04/12/1996)

RECAP
April 11, 1996

Tendered Second Amended Complaint to add ADA claim for pltf Pam Wilson, submitted by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis motion to submit 2nd amd'd cmplt [12-1], complaint [2-1], complaint [1-1] (former empl)

13 April 12, 1996

MINUTE ORDER : by Judge Lewis T. Babcock taking under advisement on 4/12/96 the motion to submit 2nd amd'd cmplt [12-1] pending LR 7.1(A) certification (cc: all counsel) ; entry date : 4/15/96 (former empl) (Entered: 04/15/1996)

RECAP
14 April 17, 1996

Certificate of Compliance by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis motion to submit 2nd amd'd cmplt [12-1] (former empl) (Entered: 04/19/1996)

RECAP
15 April 18, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to submit 2nd amd'd cmplt [12-1]; and 2nd Amd'd Cmplt accepted for filing (cc: all counsel) ; entry date : 4/19/96 (former empl) (Entered: 04/19/1996)

RECAP
20 April 18, 1996

2nd AMENDED COMPLAINT [2-1], [1-1] by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis; jury demand (gms) (Entered: 05/29/1996)

RECAP
16 April 25, 1996

Joint MOTION by plaintiffs, defendants for protective order (former empl) (Entered: 04/26/1996)

RECAP
17 April 26, 1996

PROTECTIVE ORDER entered by Magistrate Judge O. E. Schlatter; who/what fully set forth in written Order; all confidential materials filed w/Ct will be filed and kept under SEAL under further order of Ct : (cc: all counsel) (former empl) (Entered: 04/29/1996)

RECAP
18 May 24, 1996

MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to compel discovery (former empl) (Entered: 05/28/1996)

RECAP
19 May 28, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter deft has to 6/7/96 to respond regarding [18-1] motion to compel discovery (cc: all counsel) ; entry date : 5/28/96 (former empl) (Entered: 05/28/1996)

RECAP
21 June 7, 1996

MOTION by defendant Storage Tech Corp to extend time to respond to pla mot to compel to 6/11/96 (former empl) (Entered: 06/11/1996)

RECAP
22 June 10, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to respond to pla mot to compel to 6/11/96 [21-1], regarding [18-1] motion to compel discovery (cc: all counsel) ; entry date : 6/11/96 (former empl) (Entered: 06/11/1996)

RECAP
23 June 10, 1996

ANSWER by defendant Storage Tech Corp to second amd complaint [20-1] (former empl) (Entered: 06/11/1996)

RECAP
24 June 11, 1996

RESPONSE by defendant Storage Tech Corp to motion to compel discovery [18-1] (former empl) (Entered: 06/12/1996)

RECAP
25 June 17, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; tele status conf set for 2:30 7/13/96 (cc: all counsel) ; entry date : 6/18/96 (former empl) (Entered: 06/18/1996)

RECAP
26 June 18, 1996

AMENDED MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding [25-2] minute order ; status conf reset for 2:30 7/12/96 (cc: all counsel) ; entry date : 6/19/96 (former empl) (Entered: 06/19/1996)

RECAP
27 June 18, 1996

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis for exten of time to file m/class certif PLACED UNDER SEAL IN EXHIBIT ROOM 8/15/96 (former empl) (Entered: 06/19/1996)

RECAP
28 June 19, 1996

MINUTE ORDER : by Judge Lewis T. Babcock, deft has t/include 7/3/96 to resp, regarding [27-1] motion for exten of time to file m/class certif (cc: all counsel) ; entry date : 6/20/96 (former empl) (Entered: 06/20/1996)

RECAP
29 July 2, 1996

RESPONSE by defendant Storage Tech Corp to motion for exten of time to file m/class certif [27-1] (former empl) (Entered: 07/03/1996)

RECAP
30 July 2, 1996

MOTION by defendant Storage Tech Corp to compel depo testimony & docs, and for sanctions (former empl) (Entered: 07/03/1996)

RECAP
31 July 3, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter, pltf resp due 7/16/96 regarding [30-1] motion to compel depo testimony & docs (cc: all counsel) ; entry date : 7/3/96 (former empl) (Entered: 07/03/1996)

RECAP
32 July 10, 1996

SUPPLEMENTAL AUTHORITY by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis in supp of motion for exten of time to file m/class certif [27-1] (former empl) (Entered: 07/11/1996)

RECAP
33 July 12, 1996

COURTROOM MINUTES by Magistrate Judge O. E. Schlatter granting in part & denying in part motion to compel depo testimony & docs [30-1] ; entry date : 7/15/96 Court Reporter: OES Tape 96-52 (former empl) (Entered: 07/15/1996)

RECAP
34 July 16, 1996

MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to extend time to resp to m/compel until 7/22/96 (former empl) (Entered: 07/17/1996)

RECAP
35 July 18, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to resp to m/compel until 7/22/96 [34-1] (cc: all counsel) ; entry date : 7/19/96 (former empl) (Entered: 07/19/1996)

RECAP
36 July 19, 1996

ORDER by Magistrate Judge O. E. Schlatter, written ruling from hrg 7/12/96[(33-1] minutes) grants/denies in part mtn/compel; Ruling on motion for sanctions [30-2] is deferred pending hrg to be set (cc: all counsel) ; entry date : 7/22/96 (former empl) (Entered: 07/22/1996)

RECAP
37 July 22, 1996

RESPONSE IN OPP by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to motion to compel depo testimony & docs [30-1] (former empl) (Entered: 07/23/1996)

RECAP
38 July 24, 1996

MOTION by plaintiffs for leave to file rply to deft's resp to m/ext time to file m/class cert or set hrg (former empl) (Entered: 07/24/1996)

RECAP
39 July 26, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for leave to file rply to deft's resp to m/ext time to file m/class cert or set hrg [38-1]; RPLY DUE on/befor 8/9/96 (cc: all counsel) ; entry date : 7/26/96 (former empl) (Entered: 07/26/1996)

RECAP
40 July 31, 1996

MOTION by plaintiff, defendant for supplemental protective order [17-1] (former empl) (Entered: 07/31/1996)

RECAP
41 Aug. 1, 1996

MOTION by defendant Storage Tech Corp for protective order on dfts' adverse impact rpots as atty-client priv and not producable (former empl) (Entered: 08/02/1996)

RECAP
42 Aug. 1, 1996

SUPPLEMENTAL PROTECTIVE ORDER by Magistrate Judge O. E. Schlatter : entry grants the motion for supplemental protective order [17-1] and covers marking of CONFIDENTIAL MATERIALS ON Protected Docs Atena and PCS medical and dental claim detail reports [40-1], regarding [17-1] order (cc: all counsel) (former empl) (Entered: 08/05/1996)

RECAP
43 Aug. 2, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter pltf's response due 8/15/96 regarding [41-1] motion for protective order on dfts' adverse impact rpots as atty-client priv and not producable (cc: all counsel) ; entry date : 8/5/96 (former empl) (Entered: 08/05/1996)

RECAP
44 Aug. 5, 1996

TRANSCRIPT of proceedings of 7/12/96 Hrg w/MJ OES M/Compel ( 1-44 pages) Prepared By: AveryWoodsRptgServ,Inc. (former empl) (Entered: 08/05/1996)

RECAP
45 Aug. 7, 1996

REPLY by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to deft's opp (response) to pltfs' motion for exten of time to file m/class certif [27-1] - PLACED UNDER SEAL IN EXHIBIT ROOM 8/15/96 (former empl) (Entered: 08/08/1996)

RECAP
46 Aug. 8, 1996

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton (former empl) (Entered: 08/09/1996)

RECAP
Aug. 8, 1996

Tendered Third Amended Complaint submitted by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton [46-1] (former empl)

47 Aug. 9, 1996

MINUTE ORDER : by Judge Lewis T. Babcock, deft response due 8/23/96 regarding [46-1] motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton (cc: all counsel) ; entry date : 8/12/96 (former empl) (Entered: 08/12/1996)

RECAP
49 Aug. 14, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter, ; status conf set on tele over disc dispute for 1:15 8/19/96 (cc: all counsel) ; entry date 8/15/96 (former empl) (Entered: 08/15/1996)

RECAP
50 Aug. 14, 1996

MOTION by defendant Storage Tech Corp to extend time to produce documents as ordered 7/19/96 (former empl) (Entered: 08/15/1996)

RECAP
51 Aug. 14, 1996

MOTION FILED UNDER SEAL by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis for approval of collective ADEA action - placed UNDER SEAL IN EXHIBIT ROOM (former empl) (Entered: 08/15/1996)

RECAP
48 Aug. 15, 1996

DOCKET CLERK MEMORANDUM regarding [45-1] motion reply, regarding [27-1] motion for exten of time to file m/class certi; at direction of pltfs' cnsl, both pleadings were removed from public files and placed UNDER SEAL in the EXHIBIT ROOM on 8/15/96 purs to PTO 4-26-96 and Supp PTO 8-1-96 (former empl) (Entered: 08/15/1996)

RECAP
52 Aug. 15, 1996

Unopposed MOTION by plaintiff for an extension of time to respond to deft's protective order to 8/22/96 (gms) (Entered: 08/16/1996)

RECAP
53 Aug. 15, 1996

MOTION by plaintiff for order to unseal motion for approval of collective ADEA action (gms) (Entered: 08/16/1996)

RECAP
54 Aug. 15, 1996

MINUTE ORDER : by Judge Lewis T. Babcock. Deft has to 9/16/96 to respond to pltfs' [51-1] motion for approval of collective ADEA action. Pltf has 20 days to reply. (cc: all counsel) ; entry date : 8/16/96 (gms) (Entered: 08/16/1996)

RECAP
55 Aug. 16, 1996

MINUTE ORDER : by Judge Lewis T. Babcock, deft has until 8/30/96 to respond to pltfs' m/unseal the m/approval of colelctive ADEA action, regarding [53-1] motion for order to unseal motion for approval of collective ADEA action, regarding [51-1] motion for approval of collective ADEA action (cc: all counsel) ; entry date : 8/16/96 (former empl) (Entered: 08/16/1996)

RECAP
56 Aug. 19, 1996

COURTROOM MINUTES by Magistrate Judge O. E. Schlatter regarding [50-1] motion to extend time to produce documents as ordered 7/19/96...Court is not convinced that pltf should bear the costs of document production and that request is denied. Motions hrg set 8/27/96 at 8:30 a.m. ; entry date : 8/20/96 Court Reporter: Tape No. 96-63 (gms) (Entered: 08/20/1996)

RECAP
57 Aug. 19, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting pltf's motion for an extension of time to respond to deft's protective order to 8/22/96 [52-1], regarding [41-1] motion for protective order on dfts' adverse impact rpots as atty-client priv and not producable (cc: all counsel) ; entry date : 8/20/96 (gms) (Entered: 08/20/1996)

RECAP
58 Aug. 19, 1996

ORDER by Magistrate Judge O. E. Schlatter granting deft's motion to extend time to produce documents as ordered 7/19/96 [50-1] to 9/2/96 (cc: all counsel) ; entry date : 8/20/96 (gms) (Entered: 08/20/1996)

RECAP
59 Aug. 19, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ;, ; mag motion hrg (conference) set for 8:30 8/27/96 (cc: all counsel) ; entry date : 8/20/96 (gms) (Entered: 08/20/1996)

RECAP
60 Aug. 22, 1996

RESPONSE by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to motion for protective order [41-1] (lam) (Entered: 08/23/1996)

RECAP
61 Aug. 23, 1996

MOTION by defendant Storage Tech Corp to extend time to 8/30/96 to resp to mtn to submit 3rd amd cmp (former empl) (Entered: 08/27/1996)

RECAP
62 Aug. 23, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to extend time to 8/30/96 to resp to mtn to submit 3rd amd cmp [61-1], regarding [46-1] (cc: all counsel) ; entry date : 8/27/96 (former empl) (Entered: 08/27/1996)

RECAP
63 Aug. 27, 1996

COURTROOM MINUTES by Magistrate Judge O. E. Schlatter granting motion to compel depo testimony & docs [30-1], granting motion for sanctions [30-2]; pltf to reimburse costs of this mtn to dft w/in 15 days of $1500.00 ; mag conference held 8/27/96 ; entry date : 8/28/96 Court Reporter: Tape 96-68 (former empl) (Entered: 08/28/1996)

RECAP
64 Aug. 27, 1996

ORDER by Magistrate Judge O. E. Schlatter regarding [63-2] minutes; M/Compel Gr in part, DEN in part as purs findings; deft to be reimbursed its fees/costs in amt of $1500, pay w/in 30 days (cc: all counsel) ; entry date : 8/29/96 (former empl) (Entered: 08/29/1996)

RECAP
65 Aug. 29, 1996

MOTION by defendant Storage Tech Corp to vacate 8/30/96 date for deft to respond to m/lv to file 3rd amd'd cmplt (former empl) (Entered: 08/30/1996)

RECAP
66 Aug. 29, 1996

MOTION by defendant Storage Tech Corp for leave to rply to pltfs' resp in opp to dft m/proto (former empl) (Entered: 08/30/1996)

RECAP
67 Aug. 29, 1996

MOTION by defendant Storage Tech Corp to extend time to resp to pltf's m/unseal mtn/unseal mtn...ADEA (former empl) (Entered: 08/30/1996)

RECAP
68 Aug. 29, 1996

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to file 4th amnd'd cmplt adding 7 pltfs and 1 claim (former empl) (Entered: 08/30/1996)

RECAP
Aug. 29, 1996

Tendered Fourth Amended Complaint submitted by plaintiff motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim [68-1] (former empl)

69 Aug. 30, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to vacate 8/30/96 date for deft to respond to m/lv to file 3rd amd'd cmplt [65-1] (cc: all counsel) ; entry date : 9/3/96 (former empl) (Entered: 09/03/1996)

RECAP
70 Aug. 30, 1996

MINUTE ORDER : by Judge Lewis T. Babcock, deft response due 9/20/96 regarding [68-1] motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim (cc: all counsel) ; entry date : 9/3/96 (former empl) (Entered: 09/03/1996)

RECAP
71 Aug. 30, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to extend time to resp to pltf's m/unseal mtn/unseal mtn...ADEA [67-1] to include 9/9/96, regarding [53-1] (cc: all counsel) ; entry date : 9/3/96 (former empl) (Entered: 09/03/1996)

RECAP
72 Sept. 3, 1996

TRANSCRIPT of proceedings of 7/2/96 MJ OES Hrg-Mtn/Compel ( 1-43 pages) Prepared By: AveryWoodsRptgSvc,Inc. (former empl) (Entered: 09/03/1996)

RECAP
73 Sept. 4, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion for leave to rply to pltfs' resp in opp to dft m/proto [66-1] and resp due 9/9/96 (cc: all counsel) ; entry date : 9/5/96 (former empl) (Entered: 09/05/1996)

RECAP
74 Sept. 6, 1996

OBJECTIONS by plaintiffs to order [64-1] (lam) (Entered: 09/09/1996)

RECAP
75 Sept. 9, 1996

OPPOSITION (RESPONSE) by defendant Storage Tech Corp to motion for order to unseal motion for approval of collective ADEA action [53-1] (former empl) (Entered: 09/10/1996)

RECAP
76 Sept. 9, 1996

REPLY in Support of Mtn/Proto by defendant Storage Tech Corp to respond to response to motion for protective order on dfts' adverse impact rpots as atty-client priv and not producable [41-1] (former empl) (Entered: 09/10/1996)

RECAP
77 Sept. 10, 1996

MOTION by plaintiffs for leave to file sur-rply brief by 9/18/96 (former empl) (Entered: 09/11/1996)

RECAP
78 Sept. 13, 1996

MOTION by defendant Storage Tech Corp to extend resp date on mtn/ADEA action, and for hearing (former empl) (Entered: 09/16/1996)

RECAP
79 Sept. 18, 1996

RESPONSE IN OPP by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to motion to extend resp date on mtn/ADEA action [78-1] (former empl) (Entered: 09/18/1996)

RECAP
80 Sept. 20, 1996

CONSOLIDATED OPP TO (RESPONSE) by plaintiffs to motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim [68-1], motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton [46-1] (former empl) (Entered: 09/23/1996)

RECAP
81 Sept. 24, 1996

Unopposed MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis for leave to rply to m/opp to lv to file amn/d cmpls (former empl) (Entered: 09/25/1996)

RECAP
82 Sept. 25, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; pretrial conf reset for 9:00 10/17/96 (cc: all counsel) ; entry date : 9/25/96 (former empl) (Entered: 09/25/1996)

RECAP
83 Sept. 25, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for leave to rply to m/opp to lv to file amn/d cmpls [81-1], RESP DUE 10/8/96, regarding [68-1] motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim, regarding [46-1] motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton (cc: all counsel) ; entry date : 9/25/96 (former empl) (Entered: 09/25/1996)

RECAP
84 Sept. 26, 1996

RESPONSE by defendant Storage Tech Corp to objection [74-1] to MJ Order 8/27/96 (former empl) (Entered: 09/26/1996)

RECAP
85 Sept. 26, 1996

MINUTE ORDER : by Judge Lewis T. Babcock setting hearing on motion (for exten of time to file) m/class certif [27-1] 8:30 10/24/96 ; in court hrg 10/3/96 reset to 10/24/96, and ; in court hrg set for 8:30 10/24/96 (cc: all counsel) ; entry date : 9/30/96 (former empl) (Entered: 09/30/1996)

RECAP
86 Sept. 27, 1996

MOTION by defendant Storage Tech Corp for protective order barring 3rd depo of Terri Evans (former empl) (Entered: 09/30/1996)

RECAP
87 Sept. 30, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding [86-1] motion for protective order barring 3rd depo of Terri Evans; pla to respond by 11/11/96 (cc: all counsel) ; entry date : 10/3/96 (former empl) (Entered: 10/03/1996)

RECAP
88 Sept. 30, 1996

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; pretrial conf reset for 10:00 12/12/96 (cc: all counsel) ; entry date : 10/3/96 (former empl) (Entered: 10/03/1996)

RECAP
89 Oct. 8, 1996

REPLY by plaintiffs to response to motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim [68-1], motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton [46-1] (former empl) (Entered: 10/09/1996)

RECAP
90 Oct. 8, 1996

REPLY by plaintiff re: their objection [74-1] (former empl) (Entered: 10/09/1996)

RECAP
91 Oct. 10, 1996

MOTION by defendant Storage Tech Corp to vacate 10/24/96 hrg, and to reset 10/24/96 hrg, and for hearing for rl 16 sched conf (former empl) (Entered: 10/11/1996)

RECAP
92 Oct. 11, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to vacate 10/24/96 hrg [91-1], granting motion to reset 10/24/96 hrg [91-2], granting motion for hearing for rl 16 sched conf [91-3] ; sched/status conf set for 8:00 10/30/96 (cc: all counsel) ; entry date : 10/15/96 (former empl) (Entered: 10/15/1996)

RECAP
93 Oct. 11, 1996

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for order permitting reply re: 8/27/96 order [90-1] (cc: all counsel) ; entry date : 10/15/96 (former empl) (Entered: 10/15/1996)

RECAP
94 Oct. 11, 1996

MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis tofile 5th amnd cmpl to add Lanette Stewart (former empl) (Entered: 10/15/1996)

RECAP
95 Oct. 11, 1996

RESPONSE by plaintiffs to motion for protective order barring 3rd depo of Terri Evans [86-1] (former empl) (Entered: 10/15/1996)

RECAP
Oct. 11, 1996

Original Tendered Fifth Amended Complaint submitted by plaintiffs motion to file 5th amnd cmpl to add Lanette Stewart [94-1] (former empl)

Case Details

State / Territory:

Colorado

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Oct. 2, 1995

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former employees of Storage Tek Corporation alleging wrongful termination as a result of company-wide age discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Storage Tek Corporation

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

Other Dockets:

District of Colorado 1:95-cv-02525

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $5 million

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Age discrimination

Recommended Citation