Case: Hodczak v. Latrobe Specialty Steel Company

2:08-cv-00649 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 13, 2008

Closed Date: 2012

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Case Summary

On May 13, 2008, the plaintiffs filed this lawsuit in the Western District of Pennsylvania against Latrobe Specialty Steel Company. The plaintiffs, represented by private counsel, sought injunctive relief and damages on behalf of themselves and others similarly situated claiming that Latrobe violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621. The plaintiffs alleged that Latrobe engaged in practices that discriminated against its older work force in conducting termination…

The plaintiffs alleged that Latrobe engaged in practices that discriminated against its older work force in conducting terminations and forced retirements over an extended period time. The four plaintiffs named in the complaint are all over the age of fifty and had worked at Latrobe for a number of years. They were all terminated after sending and receiving inappropriate material on their Latrobe email accounts, and were replaced by younger employees. The plaintiffs claimed that they suffered disparate treatment under the ADEA in that Latrobe's stated justifications for terminating the plaintiffs were a pretext for willful age discrimination, as well as disparate impact under the ADEA, because Latrobe favored younger employees and targeted older ones in deciding who would be terminated following the discovery of the emails. The plaintiffs voluntarily dismissed the second claim regarding disparate impact on June 17, 2008.

The court denied the defendant's motions for summary judgment on March 31, 2009, and April 23, 2009. The court then granted the defendant's motions to exclude any claims under the ADEA that accrued before May 17, 2007.

Latrobe contended that it was entitled to summary judgment because the plaintiffs were unable to show any evidence that age was a determinative factor in its decision to terminate their employment. Latrobe conceded that the plaintiffs established a prima facie case of discrimination, but maintained that their decision to terminate the plaintiffs was based on their violations of Latrobe policy. The court found that the plaintiffs failed to demonstrate that "but for" their ages, Latrobe would not have terminated their employment for sending sexually explicit and pornographic emails. Additionally, the plaintiffs admitted that they sent the emails and could not dispute that doing so violated Latrobe's policies.

On December 29, 2010, the Court granted the defendant's motion for summary judgment was granted and dismissed the collective action claims. 761 F.Supp.2d 261 (W.D. Penn. 2010). The plaintiffs appealed this order.

The Court of Appeals for the Third Circuit affirmed the Western District of Pennsylvania's holding on November 17, 2011. The Third Circuit held that a reasonable jury could not find that the plaintiffs would not have been fired but for their ages. Additionally, given the conduct in which the plaintiffs engaged and the lack of sufficient evidence suggesting an atmosphere of age discrimination at Latrobe, there was no basis for a finding that Latrobe's proffered rationale was a pretext for age discrimination. 451 F. App'x 238 (3d Cir. 2011). The plaintiffs were subsequently taxed $21,863.88 in favor of the defendant.

Summary Authors

Anna Jones (10/25/2015)

Carol Chen (7/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4932667/parties/hodczak-v-latrobe-specialty-steel-company/

Judge(s)

Attorney for Plaintiff

Esq., Bruce C.

Attorney for Defendant

Esq., Thomas S.

Esq., Jaime S.

Esq., Joseph F.

Esq., Erin J.

Judge(s)

Fisher, D. Michael (Pennsylvania)

Hay, Amy R. (Pennsylvania)

McVerry, Terrence F. (Pennsylvania)

Roth, Jane Richards (Delaware)

Vanaskie, Thomas Ignatius (Pennsylvania)

Attorney for Plaintiff

Esq., Bruce C.

Fabian, Rudy A. (Pennsylvania)

Fox, Bruce C. (Pennsylvania)

Attorney for Defendant

Evans, Melissa L. (Pennsylvania)

Giotto, Thomas S. (Pennsylvania)

Hornak, Mark Raymond (Pennsylvania)

McLaughlin, Erin J. (Pennsylvania)

Quinn, Joseph M. (California)

Tuite, Jaime S. (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:08-cv-00649	Docket [PACER]	Sept. 26, 2012	Sept. 26, 2012 Docket
645 2:08-cv-00649	Collective Action Complaint	May 13, 2008	May 13, 2008 Complaint
10 2:08-cv-00649	Defendant's Brief in Support of Partial Motion to Dismiss	June 4, 2008	June 4, 2008 Pleading / Motion / Brief
9 2:08-cv-00649	Defendant's Partial Motion to Dismiss	June 4, 2008	June 4, 2008 Pleading / Motion / Brief
14 2:08-cv-00649	Plaintiffs' Motion to Voluntarily Dismiss Count II of Plaintiffs' Complaint	June 16, 2008	June 16, 2008 Pleading / Motion / Brief
15 2:08-cv-00649	Defendant's Motion for Summary Judgment on All Collective Action Claims Hodzak v. Latrobe Specialty Steel Company	June 30, 2008	June 30, 2008 Pleading / Motion / Brief
57 2:08-cv-00649	Report and Recommendation	Jan. 23, 2009	Jan. 23, 2009 Magistrate Report/Recommendation
64 2:08-cv-00649	Report and Recommendation	March 9, 2009	March 9, 2009 Magistrate Report/Recommendation
67 2:08-cv-00649	Order	March 31, 2009	March 31, 2009 Order/Opinion 2009 WL 911224
68 2:08-cv-00649	Order	March 31, 2009	March 31, 2009 Order/Opinion 2009 WL 911311

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4932667/hodczak-v-latrobe-specialty-steel-company/

Last updated March 26, 2026, 4:49 a.m.

ECF Number	Date	Description	Link
1	May 13, 2008	COMPLAINT against LATROBE SPECIALTY STEEL COMPANY ( Filing fee $ 350 receipt number 891699), filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (jsp) (Entered: 05/14/2008)	RECAP
	May 13, 2008	Summons Issued
	May 13, 2008	Summons Issued as to LATROBE SPECIALTY STEEL COMPANY. (jsp)
2	May 16, 2008	NOTICE of Appearance by Thomas S. Giotto on behalf of LATROBE SPECIALTY STEEL COMPANY (Giotto, Thomas) (Entered: 05/16/2008)	RECAP
3	May 16, 2008	NOTICE of Appearance by Joseph F. Quinn on behalf of LATROBE SPECIALTY STEEL COMPANY (Quinn, Joseph) (Entered: 05/16/2008)	RECAP
4	May 16, 2008	NOTICE of Appearance by Jaime S. Tuite on behalf of LATROBE SPECIALTY STEEL COMPANY (Tuite, Jaime) (Entered: 05/16/2008)	RECAP
5	May 19, 2008	SUMMONS/Return of Service Returned Executed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. LATROBE SPECIALTY STEEL COMPANY served on 5/15/2008, answer due 6/4/2008. (Fox, Bruce) (Entered: 05/19/2008)	RECAP
6	May 19, 2008	NOTICE of Appearance by Bruce C. Fox on behalf of DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK (Fox, Bruce) (Entered: 05/19/2008)	RECAP
7	May 19, 2008	Errata re 6 Notice of Appearance of Rudy A. Fabian, Esquire by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Reason for Correction: Filed Notice of Appearance Under Wrong Attorney Login. (Fabian, Rudy) (Entered: 05/19/2008)	RECAP
8	May 20, 2008	ORDER OF RECUSAL. Judge Joy Flowers Conti recused. Signed by Judge Joy Flowers Conti on 5/19/08. (smc ) (Entered: 05/20/2008)	RECAP
	May 20, 2008	Add and Terminate Judges
	May 20, 2008	Judge Amy Reynolds Hay added. (mjl)
9	June 4, 2008	PARTIAL MOTION to Dismiss re 1 Complaint by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A - EEOC Charge filed by Doug Hodczak, # 2 Exhibit B - EEOC Charged filed by James M. Crossan, # 3 Exhibit C - EEOC Charge Filed by Thomas J. Magdic, # 4 Exhibit D - EEOC Charge Filed by Joseph A. Litvik, # 5 Proposed Order Granting Partial Motion to Dismiss) (Giotto, Thomas) Modified text and removed duplicative attachment description on 6/5/2008. (jsp) (Entered: 06/04/2008)	RECAP
10	June 4, 2008	BRIEF in Support re 9 Partial Motion to Dismiss, filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) Modified text on 6/5/2008. (jsp) (Entered: 06/04/2008)	RECAP
11	June 4, 2008	ANSWER to 1 Complaint by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/04/2008)	RECAP
12	June 4, 2008	Disclosure Statement identifying None as corporate parent by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) Modified text re: corporate parent information on 6/5/2008. (jsp) (Entered: 06/04/2008)	RECAP
	June 4, 2008	Order to Show Cause
	June 4, 2008	ORDER that counsel of record has until 6/18/2008 to complete and file a consent to proceed before a magistrate judge form which is available on the court's website. Signed by Magistrate Judge Amy Reynolds Hay on 6/4/2008. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)
13	June 12, 2008	DISTRICT JUDGE OPTION by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK to have this case randomly assigned to a U.S. District Judge. (Fabian, Rudy) (Entered: 06/12/2008)	RECAP
14	June 16, 2008	MOTION to Dismiss Count II of Plaintiffs' 1 Complaint (Voluntarily) by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motions referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Fox, Bruce) Modified on 6/17/2008 document linkage corrected. Documeent linked to document 1 . (ksa) (Entered: 06/16/2008)	RECAP
	June 16, 2008	Judge Amy Reynolds Hay no longer assigned to case. (mjl)
	June 16, 2008	Add and Terminate Judges
	June 16, 2008	Judge Terrence F. McVerry and Amy Reynolds Hay added. (mjl)
	June 17, 2008	Order on Motion to Dismiss
	June 17, 2008	ORDER granting 14 Motion to Dismiss Count II of Plaintiffs' Complaint. Signed by Magistrate Judge Amy Reynolds Hay on 6/17/2008.Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)
	June 17, 2008	Quality Control message - Document incorrectly linked
	June 17, 2008	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 14 Motion to Dismiss. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
15	June 30, 2008	MOTION for Summary Judgment on all Collective Action Claims by LATROBE SPECIALTY STEEL COMPANY. Motions referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
16	June 30, 2008	BRIEF in Support re 15 Motion for Summary Judgment on all Collective Action Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
17	June 30, 2008	CONCISE STATEMENT OF MATERIAL FACTS re 15 Motion for Summary Judgment, by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
18	June 30, 2008	Appendix to 15 Motion for Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
19	June 30, 2008	MOTION for Summary Judgment on all of Plaintiff Hodczak's Claims by LATROBE SPECIALTY STEEL COMPANY. Motions referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
20	June 30, 2008	BRIEF in Support re 19 Motion for Summary Judgment on all of Plaintiff Hodczak's Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
21	June 30, 2008	CONCISE STATEMENT OF MATERIAL FACTS re 19 Motion for Summary Judgment, by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
22	June 30, 2008	Appendix to 19 Motion for Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Giotto, Thomas) (Entered: 06/30/2008)	RECAP
23	July 1, 2008	ORDER that plaintiffs shall file their Responses re 19 Motion for Summary Judgment, 15 Motion for Summary Judgment by 8/1/2008. Further that all responses shall comply with Local Rule 56.1. Signed by Magistrate Judge Amy Reynolds Hay on 7/1/2008. (dgg) (Entered: 07/01/2008)	RECAP
24	Aug. 1, 2008	BRIEF in Opposition re 19 Motion for Summary Judgment on All of Plaintiff Hodczak's Claims filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) (Entered: 08/01/2008)	RECAP
25	Aug. 1, 2008	BRIEF in Opposition re 15 Motion for Summary Judgment on All Collective Action Claims filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) (Entered: 08/01/2008)	RECAP
26	Aug. 1, 2008	COUNTER STATEMENT OF FACTS in Opposition to Defendant's 19 Motion for Summary Judgment on All of Plaintiff Hodczak's Claims 21 Concise Statement of Material Facts, by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) Modified on 8/4/2008. (jsp) (Entered: 08/01/2008)	RECAP
27	Aug. 1, 2008	COUNTER STATEMENT OF FACTS in Opposition to Defendant's 15 Motion for Summary Judgment on All Collective Action Claims 17 Concise Statement of Material Facts, by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) Modified on 8/4/2008. (jsp) (Entered: 08/01/2008)	RECAP
28	Aug. 1, 2008	Appendix to 25 Brief in Opposition to Motion, 26 Counter Statement of Facts, 27 Counter Statement of Facts, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Fox, Bruce) (Entered: 08/01/2008)	RECAP
29	Aug. 8, 2008	MOTION for Extension of Time to File Class Certification Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachment: # 1 Proposed Order) (Fox, Bruce) (Entered: 08/08/2008)	RECAP
30	Aug. 11, 2008	Errata re 22 Appendix to Motion for Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. Reason for Correction: Information contained in certain documents attached needed to be redacted. (Attachments: # 1 Exhibit A - Affidavit S Lawton, # 2 Exhibit B - Affidavit of M Weberding, # 3 Exhibit C - Affidavit of C Stroud) (Quinn, Joseph) Error: Document removed from public view as filer and signature do not match. Modified on 8/12/2008. (jsp) (Entered: 08/11/2008)	RECAP
31	Aug. 12, 2008	ORDER granting 29 Plaintiffs' Motion for Extension of Time to File Class Certification Motion. Further that the period for Plaintiffs to file said certification motion is extended indefinitely beyond the 90-day period set forth in W.D.Pa LR 23.1, pending further order of this Court. Signed by Magistrate Judge Amy Reynolds Hay on 8/11/2008. (dgg) (Entered: 08/12/2008)	RECAP
32	Aug. 12, 2008	MOTION for Leave to File Reply Briefs by LATROBE SPECIALTY STEEL COMPANY. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A - Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit B - Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment as to Plaintiff Hodczak, # 3 Proposed Order Granting Motion for Leave to File) (Giotto, Thomas) (Entered: 08/12/2008)	RECAP
	Aug. 12, 2008	Quality Control message - No signature s/
	Aug. 12, 2008	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 30 Errata, ERROR: Signature on document (Giotto) and filer (Quinn) do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event.Filer should link the Errata to Document 30 . This message is for informational purposes only. (jsp)
33	Aug. 13, 2008	ORDER granting 32 Defendant Latrobe Specialty Steel Company's Motion for Leave to File Reply Briefs in Support of its Motions for Summary Judgment and for other good cause shown and the Briefs attached as Exhibit A and Exhibit B to said Motion are hereby deemed filed. Signed by Magistrate Judge Amy Reynolds Hay on 8/13/2008. (dgg) Modified on 8/14/2008. (jsp, ) (Entered: 08/13/2008)	RECAP
34	Aug. 13, 2008	NOTICE of Appearance by Erin J. McLaughlin on behalf of LATROBE SPECIALTY STEEL COMPANY (McLaughlin, Erin) (Entered: 08/13/2008)	RECAP
35	Aug. 15, 2008	REPLY BRIEF by LATROBE SPECIALTY STEEL COMPANY re 25 Brief in Opposition to Motion filed by LATROBE SPECIALTY STEEL COMPANY. (jsp) (Entered: 08/15/2008)	RECAP
36	Aug. 15, 2008	REPLY BRIEF re 24 Brief in Opposition to Motion filed by LATROBE SPECIALTY STEEL COMPANY. (jsp) Text modified on 8/18/2008. (ept) (Entered: 08/15/2008)	RECAP
37	Aug. 15, 2008	RESPONSE to Plaintiff's Statement of Facts Regarding Collection Action Claims to 27 Counter Statement of Facts, filed by LATROBE SPECIALTY STEEL COMPANY. (Quinn, Joseph) (Entered: 08/15/2008)	RECAP
38	Aug. 15, 2008	RESPONSE to Plaintiffs' Statement of Facts Regarding All of Plaintiff Hodczak's Claims to 26 Counter Statement of Facts, filed by LATROBE SPECIALTY STEEL COMPANY. (Quinn, Joseph) (Entered: 08/15/2008)	RECAP
39	Aug. 22, 2008	NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (dgg) (Entered: 08/22/2008)	RECAP
40	Aug. 28, 2008	MOTION for Leave to File Sur-Reply Briefs by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) (Fabian, Rudy) (Entered: 08/28/2008)	RECAP
41	Aug. 28, 2008	MOTION to Dismiss or Continue re 19 Motion for Summary Judgment by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Fabian, Rudy) (Entered: 08/28/2008)	RECAP
42	Aug. 28, 2008	MOTION to Dismiss or Continue re 15 Motion for Summary Judgment by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Fabian, Rudy) (Entered: 08/28/2008)	RECAP
43	Aug. 28, 2008	MOTION for Leave to Supplement the Record by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) (Fabian, Rudy) Modified on 8/29/2008. (jsp) (Entered: 08/28/2008)	RECAP
	Aug. 28, 2008	Motion to Continue
	Aug. 28, 2008	w/ 41 MOTION to Continue by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (jsp)
	Aug. 28, 2008	w/ 42 MOTION to Continue by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (jsp)
	Aug. 29, 2008	Quality Control message - Multiple Relief Motion Filed as One Relief
	Aug. 29, 2008	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 41 Motion to Deny, 42 Motion to Deny, ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court docketed Motions to Continue. This message is for informational purposes only. (jsp)
44	Sept. 3, 2008	ORDER that Defendant shall file Responses re 41 & 42 Motions to Deny or continue Defendant's Motion for Summary Judgment by 9/16/2008. Signed by Magistrate Judge Amy Reynolds Hay on 9/2/2008. (dgg) (Entered: 09/03/2008)	RECAP
45	Sept. 3, 2008	ORDER granting 40 Plaintiff's Motion for Leave to File sur-reply briefs and the briefs attached as Exhibit A and Exhibit B to said motion may be filed by Plaintiffs by 9/10/2008. Signed by Magistrate Judge Amy Reynolds Hay on 9/2/2008. (dgg) (Entered: 09/03/2008)	RECAP
46	Sept. 3, 2008	ORDER granting 43 Plaintiff's Motion for Leave to Supplement the Record and plaintiffs are to file three affidavits attached to the motion by 9/10/2008. Signed by Magistrate Judge Amy Reynolds Hay on 9/2/2008. (dgg) Modified on 9/4/2008. (jsp) (Entered: 09/03/2008)	RECAP
47	Sept. 8, 2008	Sur-Reply Brief in Opposition to Defendant's Motion for Summary Judgment on All of Hodczak's Claims 36 Reply to Response to Motion, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fabian, Rudy) (Entered: 09/08/2008)	RECAP
48	Sept. 8, 2008	Sur-Reply Brief in Opposition to Defendant's Motion for Summary Judgment on All of Collective Action Claims 35 Reply Brief, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fabian, Rudy) (Entered: 09/08/2008)	RECAP
49	Sept. 8, 2008	AFFIDAVIT re 25 Brief in Opposition to Motion, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Affiant: Douglas M. Hodczak. (Fabian, Rudy) (Entered: 09/08/2008)	RECAP
50	Sept. 8, 2008	AFFIDAVIT re 25 Brief in Opposition to Motion, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Affiant: Joseph A. Litvik. (Fabian, Rudy) (Entered: 09/08/2008)	RECAP
51	Sept. 8, 2008	AFFIDAVIT re 25 Brief in Opposition to Motion, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Affiant: Thomas J. Magdic. (Fabian, Rudy) (Entered: 09/08/2008)	RECAP
52	Sept. 12, 2008	MOTION for Leave to File Excess Pages for Oppositions to Plaintiffs' 41, 42 Motions to Continue or Deny Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. Motion(s) referred to Amy Reynolds Hay. (Attachment: # 1 Proposed Order) (Giotto, Thomas) Modified on 9/15/2008. (jsp) (Entered: 09/12/2008)	RECAP
53	Sept. 16, 2008	ORDER granting 52 Motion for Leave to File Excess Pages for oppositions to Plaintiffs' Motions to Continue or Deny Summary Judgment and Defendant is permitted to file opposition briefs that are each six (6) pages in length or shorter. Signed by Magistrate Judge Amy Reynolds Hay on 9/15/2008. (dgg) (Entered: 09/16/2008)	RECAP
54	Sept. 16, 2008	BRIEF in Opposition re 41 Motion to Dismiss, w/ 41 Motion to Continue Summary Judgment as to Plaintiff Hodczak's Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) Modified on 9/17/2008. (jsp) (Entered: 09/16/2008)	RECAP
55	Sept. 16, 2008	BRIEF in Opposition re 42 Motion to Dismiss, w/ 42 Motion to Continue Motion on Collective Action Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Attachment: # 1 Exhibit A) (Giotto, Thomas) Modified on 9/17/2008. (jsp) (Entered: 09/16/2008)	RECAP
56	Dec. 9, 2008	REPORT of Rule 26(f) Planning Meeting. (Giotto, Thomas) (Entered: 12/09/2008)	RECAP
57	Jan. 23, 2009	REPORT AND RECOMMENDATION that Plaintiff's motion to deny summary judgment pursuant to Fed.R.Civ.P. 56(f) on all of Plaintiff Hodczak's claims 41 be granted; that defendant's motion for summary judgment on all of plaintiff Hodczak 39;s claims 19 , in fact, be denied; that defendant's motion for summaryjudgment on all collective action claims 15 be treated as a motion to dismiss and be granted; and that plaintiff's motion to deny defendant's motion for summary judgment pursuant to Rule 56(f) on all collective action claims 42 be denied. Objections to R&R due by 2/9/2009. Signed by Magistrate Judge Amy Reynolds Hay on 1/23/2009. (dgg)	RECAP
58	Feb. 9, 2009	OBJECTIONS to 57 Report and Recommendation filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN. (Fox, Bruce) (Entered: 02/09/2009)	RECAP
59	Feb. 10, 2009	Errata re 57 Report and Recommendation, 58 Objections to Report and Recommendation by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Reason for Correction: Incorrectly Linked to Parties. (Fox, Bruce) (Entered: 02/10/2009)	RECAP
60	Feb. 18, 2009	BRIEF in Opposition to 59 Errata, 58 Objections to Report and Recommendation, filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 02/18/2009)	RECAP
61	Feb. 24, 2009	MOTION for Leave to File Reply Brief Objecting to Report and Recommendation by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit Reply Brief Objecting to Report and Recommendation, # 2 Proposed Order) (Fox, Bruce) (Entered: 02/24/2009)	RECAP
62	Feb. 26, 2009	ORDER granting 61 Motion for Leave to File reply brief objecting to Report and Recommendation. Plaintiff's reply brief is due within five days of the date of this order or by 3/2/2009. Signed by Magistrate Judge Amy Reynolds Hay on 2/25/2009. (dgg) (Entered: 02/26/2009)	RECAP
63	Feb. 26, 2009	REPLY BRIEF by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Objecting to 57 Report and Recommendation,, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) Modified on 2/27/2009. (jsp) (Entered: 02/26/2009)	RECAP
64	March 9, 2009	REPORT AND RECOMMENDATION that plaintiffs' motion to deny summary judgment pursuant to Fed.R.Civ.P.56(f)on all collective action claims 15 be granted, and that defendant's motion for summary judgment on all collective action claims 42 , in fact, be denied. Objections to R&R due by 3/19/2009. Response to objections due 3/26/2009. Signed by Magistrate Judge Amy Reynolds Hay on 3/9/2009. (dgg)	RECAP
	March 9, 2009	Order
	March 9, 2009	ORDER that Part II.c.2. re 57 Report and Recommendation is VACATED. Signed by Magistrate Judge Amy Reynolds Hay on 3/9/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)
65	March 19, 2009	OBJECTIONS to 64 Report and Recommendation filed by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A Authoritative Opinion) (Giotto, Thomas) (Entered: 03/19/2009) 1 Exhibit A Authoritative Opinion View on PACER	RECAP
66	March 26, 2009	RESPONSE to 65 Objections to Report and Recommendation, 64 Report and Recommendation, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fabian, Rudy) (Entered: 03/26/2009)	RECAP
67	March 31, 2009	ORDER adopting as the Opinion of the District Court the 64 Report and Recommendation of March 9, 2009. Plaintiffs' motion to deny summary judgment on all Collective Action Claims 42 is GRANTED and Defendant's Motion for Summary Judgment on all Collective Actions 15 is DENIED. Signed by Judge Terrence F. McVerry on 03/31/09. (bsc)	RECAP
68	March 31, 2009	ORDER adopting in part 57 Report and Recommendations. Plaintiffs' motion to deny summary judgment on all of plaintiff Hodczak's claims 41 is GRANTED and defendant's motion for summary judgment on all of plaintiff Hodczak's claims 19 is DENIED. Signed by Judge Terrence F. McVerry on 03/31/09. (bsc)	RECAP
69	April 23, 2009	ORDER AMENDING 68 Order adopting 57 Report and Recommendation and GRANTING Plaintiff's motion to deny summary judgment on all of Plaintiff Hodczak's claims and DENYING Defendant's motion for summary judgment on all of Plaintiff Hodczak's claims. Signed by Judge Terrence F. McVerry on 4/23/2009. (bb) (Entered: 04/23/2009)	RECAP
70	April 23, 2009	ORDER AMENDING 67 Order adopting 64 Report and Recommendation GRANTING Plaintiffs' motion to deny summary judgment on all collective action claims and DENYING Defendant's motion for summary judgment on all collective action claims. Signed by Judge Terrence F. McVerry on 4/23/2009. (bb) (Entered: 04/23/2009)	RECAP
71	April 28, 2009	MOTION for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs' Claims by LATROBE SPECIALTY STEEL COMPANY. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Giotto, Thomas) (Entered: 04/28/2009)	RECAP
72	April 28, 2009	BRIEF in Support re 71 Motion for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs' Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A - February 27, 2009 Order of Court of Judge Arthur J. Schwab) (Giotto, Thomas) (Entered: 04/28/2009)	RECAP
73	April 29, 2009	ORDER that Plaintiffs' Response re 71 Motion for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs' Claims due by 5/29/2009. Signed by Magistrate Judge Amy Reynolds Hay on 4/29/2009. (dgg) (Entered: 04/29/2009)	RECAP
74	June 10, 2009	NOTICE of Non-Opposition by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK re 71 Motion for Judgment on the Pleadings, 72 Brief in Support of Motion. (Fabian, Rudy) Modified on 6/11/2009. ERROR: Wrong event selected. Document removed from public view and redocketed correctly. (ksa) (Entered: 06/10/2009)	RECAP
75	June 10, 2009	RESPONSE to Motion re 71 Motion for Judgment on the Pleadings filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. "Document previously filed electronically" (ksa) (Entered: 06/11/2009)	RECAP
76	June 11, 2009	ORDER granting 71 Motion for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs Claims. The motion is GRANTED to the extent that this action shall not include any claims under the Age Discrimination in Employment Act, as amended, on behalf of any Plaintiff, that accrued before May 17, 2007. Signed by Judge Terrence F. McVerry on 6/11/2009. (kly) Modified on 6/12/2009. (tt) (Entered: 06/11/2009)	RECAP
	June 11, 2009	Quality Control message - Wrong event selected
	June 11, 2009	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 74 Notice (Other). ERROR: Wrong event selected. CORRECTION: Re-docketed as Response to Motion. This message is for informational purposes only. (ksa)

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 13, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs, all over fifty, are former employees of Latrobe.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Private Entity/Person

Latrobe Specialty Steel Company

Case Details

Causes of Action:

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

Other Dockets:

Western District of Pennsylvania 2:08-cv-00649

U.S. Court of Appeals for the Third Circuit 11-01085

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Impact

Disparate Treatment

Discrimination Basis:

Age discrimination

Recommended Citation

Case Summary of Hodczak v. Latrobe Specialty Steel Company, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/11509/ (last updated 7/4/2020).