Case: Cline v. General Dynamics Land Sys.

3:99-cv-07401 | U.S. District Court for the Northern District of Ohio

Filed Date: June 24, 1999

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On June 24, 1999, employees of General Dynamics Land Systems filed a class action lawsuit against their employer in the United States District Court for the Northern District of Ohio. The plaintiffs alleged age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 626, and asked the court for monetary compensation, including back pay and benefits, and for an injunction requiring their employer to cease discriminatory actions. Specifically, the plaintiff…

On June 24, 1999, employees of General Dynamics Land Systems filed a class action lawsuit against their employer in the United States District Court for the Northern District of Ohio. The plaintiffs alleged age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 626, and asked the court for monetary compensation, including back pay and benefits, and for an injunction requiring their employer to cease discriminatory actions. Specifically, the plaintiffs contended that a collective bargaining agreement unfairly impacted younger employees, and adversely impacted them with respect to compensation and terms, conditions, or privileges of employment.

On March 10, 2000, the District Court (Judge David A. Katz) granted the defendant's motion to dismiss, holding that claim of reverse age discrimination was not cognizable under the ADEA. Cline v. General Dynamics, 98 F. Supp. 2d 846 (N.D. Ohio 2000). According to the PACER docket, the Court of Appeals for the Sixth Circuit reversed the ruling of the District Court, finding that the plaintiffs had been discriminated against because of their age. The Supreme Court granted certiorari, and on February 24, 2004, reversed the ruling of the appellate court, upholding the District Court's dismissal, and holding that the ADEA does not prohibit favoring older employees over younger employees. Cline v. General Dynamics, 540 U.S. 581 (2004).

Summary Authors

Andrew Kline (5/6/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4360433/parties/cline-v-general-dynamics-land-systems/


Judge(s)

Katz, David A. (Ohio)

Souter, David Hackett (District of Columbia)

Attorneys(s) for Plaintiff

Biggerman, Mark W. (Ohio)

Hadden, E. Bruce (Ohio)

Attorneys(s) for Defendant

Martin, Craig C. (Illinois)

Miller, Samuel S. (Illinois)

Rozycki, Carla J. (Illinois)

Scheidel, Rolf H (Ohio)

Other Attorney(s)

Active

Judge(s)

Katz, David A. (Ohio)

Souter, David Hackett (District of Columbia)

Attorneys(s) for Plaintiff

Biggerman, Mark W. (Ohio)

Hadden, E. Bruce (Ohio)

Attorneys(s) for Defendant

Martin, Craig C. (Illinois)

Miller, Samuel S. (Illinois)

Rozycki, Carla J. (Illinois)

Scheidel, Rolf H (Ohio)

Other Attorney(s)

Clement, Paul D. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

May 4, 2004 Docket
25

Opinion

98 F.Supp.2d 846

March 10, 2000 Order/Opinion

Opinion

Supreme Court of the United States

540 U.S. 581

Feb. 24, 2004 Order/Opinion

Resources

Title Description External URL

The Oyez Project, General Dynamics Land Systems Inc. v Cline, 540 U.S. 581 (2004).

Oyez Project

Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the briefs and the docket and written opinion. Feb. 24, 2004 http://www.oyez.org/...

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4360433/cline-v-general-dynamics-land-systems/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint with jury demand against General Dynamics Land Systems. Filed by Dennis Cline. Filing fee paid; receipt number 306909. (Attachments: # 1 Civil Cover Sheet)(G, D) Modified on 9/26/2002 to correct filer name.(G, D). (Entered: 09/26/2002)

1 Civil Cover Sheet

View on PACER

June 24, 1999 RECAP
2

Motion for appearance pro hac vice of Mark W. Biggerman, Esq. filed by Dennis Cline. (G, D) (Entered: 09/26/2002)

June 24, 1999 PACER
3

Marginal Entry Order Granting Motion for attorney Mark W. Biggerman to appear pro hac vice (Related Doc # 2 ). Judge David A. Katz (G, D) (Entered: 09/26/2002)

July 2, 1999 PACER
4

Stipulated Motion for extension of time until 9/15/99 to file amended complaint and plead in response to amended complaint filed by Dennis Cline, General Dynamics Land Systems. (G, D) (Entered: 09/26/2002)

Aug. 11, 1999 PACER
5

Order Granting Motion for extension of time until 9/15/99 to file amended complaint and plead in response to amended complaint. (Related Doc # 4 ) Judge David A. Katz. (G, D) (Entered: 09/26/2002)

Aug. 18, 1999 PACER
6

Case Management Conference Scheduling Notice. Case management conference set 9:00 11/1/99, Track Standard.(G, D) (Entered: 09/26/2002)

Aug. 20, 1999 PACER
7

Stipulated Motion for extension of time until 9/30/99 for plaintiff to file amended complaint and 10/30/99 for defendant to respond filed by Dennis Cline, General Dynamics Land Systems. (G, D) (Entered: 09/26/2002)

Sept. 20, 1999 PACER
8

Order Granting Motion for extension of time until 9/30/99 for plaintiff to file amended complaint and 10/30/99 for defendant to respond. (Related Doc # 7 ) Judge David A. Katz (G, D) Modified on 9/26/2002 to correct filing date.(G, D). (Entered: 09/26/2002)

Sept. 27, 1999 PACER
9

Amended complaint against General Dynamics Land Systems. Filed by John Alge, Ted Anaszeuski, George Archibald, Thomas Babb, Robert Baker, Harry Baldan, David Bayes, Daryl Beaupre, Robert Beck, Dean Becker, Terry Biddle, John Birkmeier, Gary Bish, Pete Borkowski, Margaret Boyd, Dan Brenamen, Lewis Browning, Leo Brunori, Daniel Buranich, Guy Burrows, Vincent Cesari, Anthony Ciminillo, James Clark, Robert Clark, Russell Clewley, Thomas Clifton, Daniel Cline, Dennis Cline, Stanley Cominsky, Jon Cottrell, Jed Couts, Culp, Sandra Daniel, Scott Danner, Michael Deal, Paul Debish, Dana Decamp, Hixey Deeble, Thomas Degrafenried, Robert Dewald, Mario Diaz, Larry Dicke, David Dillon, Richard Diltz, Richard Dirmeyer, David Driggs, Ron Duran, Anthony Durkin, Thomas Earyes, Kenneth Emahiser, Erzar, Donald Eversole, Earl Fast, Dennis Ferguson, James Ferraro, Robert Feucht, Eugene Fisher, William Fisher, Steven Flake, Vada Flinders, Steven Freed, Robert Frye, Ed Galan, Gregory Gebolys, Daniel Geething, Terry Gibbs, Joseph Gibson, Patrick Goddard, Raymond Gourash, Robert Greenlee, Frank Guerrero, Leonard Haaser, Steven Hammond, Alan Haunhurst, Nathan Heckathorn, Scott Hesse, David Hollon, Stanley Homitz, Robert Horning, Charles Huff, Gary Huff, Richard Huffman, Michael Hunsicker, Loren Hurless, Richard Jackson, Joanna Jacobs, John Jerome, Bobby Jordan, Keiffer, Ronald Kennedy, Paul Kesner, Richard Kessler, Donald Kime, Anthony King, Dennis Kobierecki, Emery Koszoru, Douglas Kraepel, Thomas Kraycer, Les Krotzer, Robert Kuhn, Juleann Kurchin, Lamberjack, Gerald Lanning, David Laurence, William Legrant, Charles Lowery, David Luchini, Michael Lucius, Lester Lyons, John Manko, Joella Marks, Jeffrey Martin, Donald Mathias, Gregory Mayberry, Steven Mays, Kenneth McCaslin, John McClellan, McDonald, Danny McEowen, Stan Miller, Robert Millirans, Ronald Mitchem, Jeffrey Monroe, Gary Morcom, James Munson, Joseph Myers, Steven Myers, Vincent Napier, John Nekoranec, Nestor, Paul Niese, Mike Nino, Robert Nye, Kevin Parker, Ronald Perrine, David Pigga, Michael Pisarski, Clayton Pitts, Roger Pool, Dennis Powers, Puchta, Charles Radloff, Eliseo Ramirez, John Rammel, James Reese, Mark Rex, Gary Rhodes, Rigsby, Leonard Risner, Patrick Roddy, Peter Rosar, Bruce Rose, Patrick Rosemellia, John Roszko, Dennis Ryan, Gary Salyer, George Sansky, Tom Saylor, Dennis Schimmoeller, John Schlosser, Michael Schultz, David Seibert, Marvin Shepherd, Michael J. Shields, William Simson, Doug Sipe, Joseph Slakis, Boyd Smith, Sandy Snyder, David Spires, Larry Stark, Kenny Stevens, Michael Strahm, Anthony Stubbs, Larry Sutton, James Swartz, Russ Theil, Thomas Tucker, Cecil Turnbell, Charles Wagner, Harley Wagner, John Wagner, Robert Waltermyer, Gregory Walters, John Wargo, Delmar Weikel, Jim Welly, Ralph Wheeler, Robert White, Daniel Wilges, Robert Wilkins, Michael Williams, Leonard Wilson, Keith Winkler, Charles Wood, Michael Woodruff, Richard Wright, Allan Young, Kyle Young, Rick Young, Martin Zamudio. (G, D) (Entered: 09/26/2002)

Sept. 29, 1999 PACER
10

Stipulated Motion for extension of time until 11/24/99 to respond to amended complaint filed by General Dynamics Land Systems. (G, D) (Entered: 09/26/2002)

Oct. 25, 1999 PACER
11

Order. Case management conference set for 11/1/99 vacated and reset for 1:30 11/29/99. Judge David A. Katz (G, D) (Entered: 09/26/2002)

Oct. 25, 1999 PACER
12

Order Granting Motion for extension of time until 11/24/02 for defendant to respond to complaint. (Related Doc # 10 ) Judge David A. Katz (G, D) (Entered: 09/26/2002)

Oct. 29, 1999 PACER
13

Returned Mail addressed to E. Bruce Hadden marked "no such number." Remailed 11/8/99 (Related documents(s) 11 ) (G, D) (Entered: 09/26/2002)

Nov. 9, 1999 PACER
14

Returned Mail addressed to E. Bruce Hadden, Esq. marked address unknown; remailed 11/15/99. (Related documents(s) 12 ) (G, D) (Entered: 09/26/2002)

Nov. 9, 1999 PACER
15

Motion to excuse appearance of parties at case management conference filed by all parties. (G, D) (Entered: 09/26/2002)

Nov. 23, 1999 PACER
16

Report of Parties' Planning Meeting filed by all parties. (G, D) (Entered: 09/26/2002)

Nov. 23, 1999 PACER
17

Motion to dismiss amended complaint filed by General Dynamics Land Systems. (G, D) (Entered: 09/26/2002)

Nov. 24, 1999 PACER
18

Marginal Entry Order.Granting Motion to excuse appearance of parties at case management conference. (Related Doc # 15 ) Judge David A. Katz (G, D) (Entered: 09/26/2002)

Nov. 29, 1999 PACER
19

Motion for appearance pro hac vice of attorney Craig Martin, Carla Rozycki and Samuel Miller filed by General Dynamics Land Systems. (G, D) (Entered: 09/26/2002)

Nov. 29, 1999 PACER
20

Order Granting Motion for attorney Craig C. Martin, Carla J. Rozycki, and Samuel S. Miller to appear pro hac vice, (Related Doc # 19 ) Judge David A. Katz (G, D) (Entered: 09/26/2002)

Dec. 3, 1999 PACER
21

Case Management Conference Plan/Order. Case management conference conducted 11/29/99. Track Designation: standard. Plaintiffs' opposition to pending 12(b)(6) motion due on or before 1/17/00; defendant's reply due on or before 2/7/00; plaintiffs' surreply due on or before 2/18/00. Judge David A. Katz (G, D) (Entered: 09/26/2002)

Dec. 3, 1999 PACER
22

Opposition (Related Motion(s) 17 ) memorandum to defendant's motion to dismiss amended complaint filed by all plaintiffs. (G, D) (Entered: 09/26/2002)

Jan. 18, 2000 PACER
23

Reply (Related Motion(s) 17 ) memorandum in support of motion to dismiss filed by General Dynamics Land Systems. (G, D) (Entered: 09/26/2002)

Feb. 7, 2000 PACER
24

Sur-Reply (Related Motion(s) 17 ) to defendants reply to plaintiffs' memorandum contra to motion to dismiss filed by all plaintiffs. (G, D) (Entered: 09/26/2002)

Feb. 18, 2000 PACER
25

Memorandum, Opinion and Order. granting motion by defendant to dismiss plaintiffs' amended complaint. (Related document(s) 17 ) Judge David A. Katz(G, D) (Entered: 09/26/2002)

March 10, 2000 PACER
26

Judgment. granting motion by defendant to dismiss plaintiffs' amended complaint.(Related document(s) 17 ) Judge David A. Katz(G, D) (Entered: 09/26/2002)

March 10, 2000 RECAP
27

Notice of Appeal re. judgment dismissing case filed on 3/10/00. (cc: all counsel-notice only. USCA-notice and doc(s) mailed on 4/11/00) filed by all plaintiffs. (Related document(s) 26 ) (G, D) (Entered: 09/26/2002)

April 10, 2000 PACER
28

Acknowledgment from the USCA for Sixth Circuit of receipt of plaintiffs'-appellants' Notice of Appeal (USCA #: 00-3468) - date filed 4/18/00 (G, D) (Entered: 09/26/2002)

April 20, 2000 PACER
29

Transcript Order Form received. Transcript is unnecessary for appeal purposes. filed by all plaintiffs. (G, D) (Entered: 09/26/2002)

April 27, 2000 PACER
30

Information copy of mandate from the USCA for the Sixth Circuit reversing the decision of the District Court because Cline and the other plaintiffs' were each within the ADEA's protected class when their employer allegedly discriminated against them on the basis of age. On remand, the District Court should address the plaintiffs' declaratory judgment argument concerning standing and ripeness, which was not considered by the District Court and thus is not properly before us for review. Clerk: L. Green; Circuit Judges: Ryan and Cole; District Judge: Williams. Information issued 7/22/02 (This is not a mandate.) (G, D) (Entered: 09/26/2002)

July 24, 2002 PACER
31

Order: telephone status conference to be held on 9/30/2002 at 11:15 AM. Judge David A. Katz(G, D) (Entered: 09/26/2002)

Sept. 18, 2002 PACER
32

Appeal Remark: A corrected page from USCA decision (information copy, doc. # 30 ): page 12, line 5 from bottom(G, D) (Entered: 09/26/2002)

Sept. 26, 2002 PACER
33

Address Change Notice for trial attorney, by Mark W. Biggerman filed by on behalf of all plaintiffs. (G, D) (Entered: 09/27/2002)

Sept. 27, 2002 PACER
34

ORDER phone status held 9/30/02. Case reopened. Plaintiff granted to 12/31/02 for amended complaint to add parties, Discovery due by 2/28/03, Dispositive motions due by 3/4/03, Phone status set for 1/6/03 at 10:30 AM. Judge David A. Katz(G, C) (Entered: 09/30/2002)

Sept. 30, 2002 PACER
35

True copy of mandate from the USCA for the Sixth Circuit reversing and remanding the final decision of the district court. (M, C) (Entered: 10/01/2002)

Sept. 30, 2002 PACER
36

Proposed Stipulation and Order filed by all defendants. (Scheidel, Rolf) (Entered: 10/15/2002)

Oct. 15, 2002 PACER
37

Marginal Order granting extension of time to 10/25/02 to answer or otherwise respond to amended complaint. (Judge David A. Katz) (Related document(s) 36 ) (R, Ci) (Entered: 10/15/2002)

Oct. 15, 2002 PACER
38

Answer to Amended Complaint and Affirmative and Additional Defenses (Related Doc # 9 ) filed by General Dynamics Land Systems. (Scheidel, Rolf) (Entered: 10/25/2002)

Oct. 25, 2002 PACER
39

Letter from U.S. Supreme Court (Case No. 02A468; USCA 00-3468): The application for an extension of time within which to file a petition for a writ of certiorari has been presented to Justice Stevens on 12/6/02, who extended the time to and including 1/17/03 for General Dynamics Land Systems, Inc. to file a petition. Modified on 12/18/2002 (M, C). Modified on 8/29/2003 to correct name of appellant. (M, C). (Entered: 12/18/2002)

Dec. 16, 2002 PACER
40

Stipulated Motion for order to stay proceedings filed by General Dynamics Land Systems. (Martin, Craig) (Entered: 12/23/2002)

Dec. 23, 2002 PACER
41

Notice of Service of stipulated motion for order to stay proceedings filed by General Dynamics Land Systems. (Related document(s) 40 ) (Martin, Craig) (Entered: 12/23/2002)

Dec. 23, 2002 PACER
42

MARGINAL ENTRY ORDER granting joint motion for order staying all proceedings pending writ fo certiorari to Supreme Court. All parties further stipulate that in the event the petition is denied or the Supreme Court affirms the decision of the 6th District, pltf shall have 60 days to file an amended complaint adding/deleting parties. Judge David A. Katz (Related Doc # 40 ) (B, C) (Entered: 12/26/2002)

Dec. 26, 2002 PACER
43

ORDER. Counsel shall advise Court immeditely re acceptance or denial of petition for writ of certiorari. Judge David A. Katz (G, C) (Entered: 01/06/2003)

Jan. 6, 2003 PACER
44

Defendants' petition for a writ of certiorari was filed 1/16/03, and placed on the docket 1/21/03 in U.S. Supreme Court Case No. 02-1080 (U.S. Court of Appeals No. 00-3468). (M, C) (Entered: 02/04/2003)

Feb. 3, 2003 PACER
45

Letter from U.S. Supreme Ct (Case No. 02-1080): Granting the motion of Equal Employment Advisory Council, et al., for leave to file a brief as amicus curiae; granting motion of Central States, SE and SW Areas Health and Welfare Fund for leave to file a brief as amicus curiae; and granting General Dynamics Land Systems, Inc.'s petition for a writ of certiorari. (M, C) (Entered: 04/30/2003)

April 28, 2003 PACER
46

Opinion from the U.S. Supreme Court reversing the decision of the U.S. Court of Appeals, 6th Circuit (related docs 27, 35, 39 ). (Attachments: # 1 Letter)(M, C) (Entered: 03/05/2004)

1 Letter

View on PACER

March 4, 2004 PACER
47

Certified record returned from the US Supreme Court (Case No. 02-1080) containing: 1 volume of pleadings. (M, C) (Entered: 04/05/2004)

April 5, 2004 PACER
48

Order from the U.S. Supreme Court that the judgment of the U.S. Court of Appeals, 6th Circuit is reversed with costs. Petitioner General Dynamics Land Systems, Inc. to recover from Dennis Cline, et al., $713.48 for costs expended (related to docs 27, 30, 35, 46 . (Attachments: # 1 letter)(M, C) (Entered: 04/08/2004)

1 letter

View on PACER

April 5, 2004 RECAP
49

ORDER stay lifted, matter closed. Signed by Judge David A. Katz on 5/4/04. (G, C) (Related 42 46 48 ) Modified on 5/6/2004 to add linkage (G, D). (Entered: 05/04/2004)

May 4, 2004 RECAP

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 24, 1999

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A large number of employees of General Dynamics Land Systems between the ages of 40 and 50 who objected to the terms of a new collective bargaining agreement that would preserve health benefits only for workers 50 and older

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

General Dynamics Land Systems, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Age discrimination

Affected Gender:

Female

Male