Case: Engers v. AT&T

2:98-cv-03660 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 5, 1998

Closed Date: June 22, 2011

Clearinghouse coding complete

Case Summary

AT&T changed its pension plan in November 1997, which allegedly resulted in younger employees receiving more benefits than older employees previously had, while the pension benefits for older employees were reduced. On August 5, 1998, the plaintiff filed this class-action lawsuit in the District Court of New Jersey bringing 17 claims for relief alleging violations of the Age Discrimination in Employment Act (ADEA), ERISA, and state law. The complaint sought declaratory and injunctive relief req…

AT&T changed its pension plan in November 1997, which allegedly resulted in younger employees receiving more benefits than older employees previously had, while the pension benefits for older employees were reduced. On August 5, 1998, the plaintiff filed this class-action lawsuit in the District Court of New Jersey bringing 17 claims for relief alleging violations of the Age Discrimination in Employment Act (ADEA), ERISA, and state law. The complaint sought declaratory and injunctive relief requiring the previous pension plan to be used. The plaintiffs also sought money damages, punitive damages, and attorneys' fees. The putative class-action suit proposed a class of "management employees of AT&T who were participants in the AT&T Management Pension Plan as of 12/31/1996." The case was assigned to Judge Nicholas Politan, and the plaintiffs were represented by private counsel.

The defendants moved to dismiss some of the claims. In an opinion issued on April 23, 1999, Judge Politan dismissed some of the plaintiffs claims. The ERISA claims were dismissed because the plaintiffs had failed to exhaust their administrative remedies as required by the statute. Other state-law claims were dismissed because they were preempted by ERISA's framework.

The plaintiffs filed an amended complaint on June 7, 1999, alleging nine claims involving the ADEA, ERISA, and other fiduciary duty claims. The defendants again moved for partial dismissal of claims on October 1. On June 19, 2000, Judge Politan granted the motion for the ADEA claims, but denied it for the other claims.

After the plaintiffs filed a second amended complaint, Judge Politan certified the class for the ERISA claims only on June 7, 2001. The plaintiffs filed a third amended complaint on November 29, 2001.

After the case was reassigned to Judge William G. Bassler, the defendants filed another motion to dismiss. In an order issued on October 17, 2002, Judge Bassler dismissed multiple ERISA claims included in the third amended complaint. 2002 WL 32159586. Based on the statutory text of ERISA, Judge Bassler determined that AT&T's revised pension plan complied with the law. After this order, the plaintiffs had five remaining claims: three based on ERISA violations, a breach of fiduciary duty claim, and a claim alleging a misleading description of the pension plan.

The case was then reassigned to Judge Jose Linares. After both the plaintiffs and the defendants moved for summary judgment in October 2004, the plaintiffs filed a fourth amended complaint on November 23, 2004. The defendants subsequently moved to dismiss the fourth amended complaint, which the court granted on March 31, 2006 with regards to two more ERISA claims. 428 F. Supp. 2d 213. The plaintiffs moved for reconsideration of this opinion, but Judge Linares denied the motion. 2006 WL 3359722.

The parties engaged in numerous discovery battles while the plaintiffs fought to keep their claims alive.

In July 2006, the case was reassigned to Judge Stanley Chesler. Judge Chesler granted the plaintiffs' motion for reconsideration, reinstating two ADEA claims. 2006 WL 3626945. Subsequently, Judge Chesler's denied the plaintiff's motion for summary judgment, and also denied the defendants motion for judgment on the pleadings. 2007 WL 14585.

With their ADEA claims back in play, the plaintiffs moved to certify an ADEA class. The plaintiffs proposed a class of former or current AT&T management employees who were age 40 or over on November 19, 2001 when their employment with AT&T ended and participated in the Management Pension Plan after the change occurred.

The court stayed the class certification question while it decided the defendants motion to dismiss the two reinstated ADEA claims. On March 29, 2007, Judge Chesler denied the defendants' motion. 2007 WL 958472. Two months later, the plaintiffs' proposed class was approved. 2007 WL 1557163.

The plaintiffs supplemented their fourth amended complaint by seeking to reinstate two ERISA claims that had been dismissed earlier in the litigation. Subsequently, the defendants moved for summary judgment on all remaining claims. On June 7, 2010, Judge Chesler granted the motion. 2010 WL 2326211. This order resulted in a final judgment on all remaining claims.

The plaintiffs appealed the judgment to the Third Circuit. On June 22, 2011, the Third Circuit affirmed the district court's decision. 2011 WL 2507089. This opinion ended the case after more than ten years of litigation. The case is now closed.

Summary Authors

Justin Hill (1/18/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5706105/parties/phillip-c-engers-v-att-and-att-manage/


Judge(s)

Barry, Maryanne Trump (New Jersey)

Bassler, William G. (New Jersey)

Cecchi, Claire Claudia (New Jersey)

Chagares, Michael A. (New Jersey)

Chesler, Stanley R. (New Jersey)

Linares, Jose L. (New Jersey)

Politan, Nicholas H. (New Jersey)

Roth, Jane Richards (Delaware)

Attorneys(s) for Plaintiff

Binetti, Maureen (New Jersey)

Bruce, Stephen (District of Columbia)

Judge(s)

Barry, Maryanne Trump (New Jersey)

Bassler, William G. (New Jersey)

Cecchi, Claire Claudia (New Jersey)

Chagares, Michael A. (New Jersey)

Chesler, Stanley R. (New Jersey)

Linares, Jose L. (New Jersey)

Politan, Nicholas H. (New Jersey)

Roth, Jane Richards (Delaware)

Attorneys(s) for Plaintiff

Binetti, Maureen (New Jersey)

Bruce, Stephen (District of Columbia)

Deutsch, Neil (New Jersey)

Nirenberg, Jonathan I. (New Jersey)

Pauk, Edgar (New York)

Pienta, Allison C. (District of Columbia)

Smit, Gerald (New Jersey)

Attorneys(s) for Defendant

Carpenter, David William (Illinois)

Mills, Christopher H. (New Jersey)

Robinson, Patricia S (New Jersey)

Rottenborn, Laura D (Illinois)

Tone, Jeffrey R (Illinois)

Documents in the Clearinghouse

Document

Docket [Westlaw]

June 22, 2011 Docket
1

Civil Action and Demand for Jury Trial

Management Employees of AT&T v. AT&T

Aug. 5, 1998 Complaint
23

Letter Opinion

Management Employees of AT&T v. AT&T

1999 WL 334751

April 23, 1999 Order/Opinion
79

Order

June 7, 2001 Order/Opinion
104

Third Amended Class Action Complaint and Demand for Jury Trial

Nov. 29, 2001 Complaint
141

Opinion

2002 WL 32159586

Oct. 17, 2002 Order/Opinion
232

Fourth Amended Class Action Complaint and Demand for Jury Trial

Nov. 23, 2004 Complaint
263

Opinion

428 F.Supp.2d 213

March 31, 2006 Order/Opinion
289

Opinion

2006 WL 3359722

Nov. 20, 2006 Order/Opinion
296

Opinion

2006 WL 3626945

Dec. 12, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5706105/phillip-c-engers-v-att-and-att-manage/

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

ECF Number Description Date Link
1

COMPLAINT filed; jury demand FILING FEE $ 150.00 RECEIPT # 253017 (femp) Additional attachment(s) added on 12/21/2005 (ev, ). (Entered: 08/06/1998)

Aug. 5, 1998 RECAP
2

NOTICE of Allocation and Assignment filed. Magistrate Judge RONALD J. HEDGES (femp) (mn, ). (Entered: 08/06/1998)

Aug. 5, 1998 PACER
3

APPLICATION by AT&T AND AT&T MANAGE and Clerk's Order extending time to answer. Answer due 11/3/98 for AT&T AND AT&T MANAGE (femp) (in-md, ). (Entered: 09/24/1998)

Sept. 23, 1998 PACER
4

STIPULATION and ORDER, extending time, answer due for 12/2/98 for AT&T AND AT&T MANAGE ( signed by Mag. Judge Ronald J. Hedges ) (femp) (Entered: 10/22/1998)

Oct. 21, 1998 PACER
5

WAIVER OF SERVICE RETURNED EXECUTED as to AT&T AND AT&T MANAGE 8/20/98 Answer deadline projected for 10/19/98 for AT&T AND AT&T MANAGE (femp) (in-md, ). (Entered: 10/22/1998)

Oct. 21, 1998 PACER
6

NOTICE of Call for Dismissal Pursuant to Rule 41.1 Motion hearing set for 12/14/98 (femp) (Entered: 11/16/1998)

Nov. 13, 1998 PACER
7

WAIVER OF SERVICE RETURNED EXECUTED as to AT&T AND AT&T MANAGE 8/20/98 Answer deadline projected for 10/19/98 for AT&T AND AT&T MANAGE (femp) (Entered: 11/19/1998)

Nov. 19, 1998 PACER
8

ANSWER to Complaint by AT&T AND AT&T MANAGE (femp) (Entered: 12/03/1998)

Dec. 3, 1998 PACER
9

ANSWER to Complaint by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 12/03/1998)

Dec. 3, 1998 PACER
10

Notice of Intent to submit a Dispositive motion by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 12/11/1998)

Dec. 10, 1998 PACER
11

Minute entry: Proceedings recorded by ; Minutes of: 12.14.98; The following actions were taken, withdrawing [6-1] dismiss/dismissal notice Call for Dismissal By Judge Nicholas H. Politan (femp) (in-md, ). (Entered: 12/17/1998)

Dec. 14, 1998 PACER
12

Notice of Intent to submit a Dispositive motion by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 01/05/1999)

Jan. 5, 1999 PACER
13

ORDER extending time to 2.1.99 within which pltfs may serve opp to defts' motion for partial dismissal ( signed by Mag. Judge Ronald J. Hedges ) (femp) (Entered: 01/20/1999)

Jan. 19, 1999 PACER
14

ORDER that pltfs. must provide opposition to defts.' motion for partial dismissal by 2/12/99 set motion filing deadline for defts. by 2/26/99 ( signed by Mag. Judge Ronald J. Hedges ) (DD) (in-md, ). (Entered: 01/26/1999)

Jan. 25, 1999 PACER
15

ORDER, scheduling conference for 3/26/99 ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 01/28/1999)

Jan. 27, 1999 PACER
16

ORDER extending time to 2.12.99 for pltf to serve opposition to defts' motion for partial dismissal purs to R 12(b)(6); deft to serve any reply thereto and deliver all motion papers to the court is set at 2.26.99 ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 02/02/1999)

Feb. 1, 1999 PACER
17

Notice of MOTION for partial dismissal by AT&T, AT&T MANAGEMENT PEN, Motion set for 3/22/99 on [17-1] motion proof of service (Brief/PO Subm) (femp) (in-md, ). (Entered: 03/01/1999)

Feb. 26, 1999 PACER
18

CERTIFICATION of Alan Sefcik on behalf of AT&T, AT&T MANAGEMENT PEN Re: [17-1] motion for partial dismissal (femp) (in-md, ). (Entered: 03/01/1999)

Feb. 26, 1999 PACER
19

Notice of Intent to submit a Dispositive motion by AT&T, AT&T MANAGEMENT PEN (femp) (in-md, ). (Additional attachment(s) added on 6/22/2009: # 1 signed) (in-md, ). (Entered: 03/08/1999)

1 signed

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March 8, 1999 PACER
20

Minute entry: Proceedings recorded by Ct-Reporter: Rizman; Minutes of: 3.22.99; The following actions were taken, [17-1] motion for partial dismissal taken under advisement ; ordered counsel to replead within 30 days by preparing proper caption and allegations; ordered that each count of the complaint to represent a seperate cause of action, each count must be specific. By Judge Nicholas H. Politan (femp) (in-md, ). (Entered: 03/23/1999)

March 22, 1999 PACER
21

ORDER, for Stephan R. Bruce to appear pro hac vice ( signed by Judge Nicholas H. Politan ) (femp) (in-md, ). (Entered: 03/23/1999)

March 22, 1999 PACER
22

TRANSCRIPT of Proceedings taken on 3.22.99 (femp) (cf, ). (Entered: 04/01/1999)

March 31, 1999 PACER
23

OPINION ( signed by Judge Nicholas H. Politan ) (femp) (in-md, ). (Entered: 04/23/1999)

April 23, 1999 RECAP
24

ORDER granting [17-1] motion for partial dismissal; counts one through five and counts ten through fifteen are dismissed with prejudice; remainder of the complaint is dismissed without prejudice; pltfs are granted 45 days within to file an ameneded class action complaint that is consistent with this Court's 4-14-99 letter opinion ( signed by Judge Nicholas H. Politan ) (femp) (in-md, ). (Entered: 04/23/1999)

April 23, 1999 PACER
25

AMENDED COMPLAINT by MANAGEMENT EMPLOYEES, amending [1-1] complaint against PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (nr) Additional attachment(s) added on 12/21/2004 (ev, ). (Additional attachment(s) added on 6/22/2009: # 1 amened) (in-md, ). (Entered: 06/08/1999)

1 amened

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June 7, 1999 PACER
26

APPLICATION by AT&T, AT&T MANAGEMENT PEN and Clerk's Order extending time to answer. Answer due 7/13/99 for AT&T MANAGEMENT PEN, for AT&T (femp) (in-md, ). (Entered: 06/28/1999)

June 25, 1999 PACER
27

STIPULATION and ORDER, extending time, answer due for 8/16/99 for AT&T MANAGEMENT PEN, for AT&T ( signed by Mag. Judge Ronald J. Hedges ) (femp) Modified on 07/27/1999 (in-md, ). (Entered: 07/27/1999)

July 27, 1999 PACER
28

ANSWER by AT&T, AT&T MANAGEMENT PEN to amended complaint (femp) (Entered: 08/18/1999)

Aug. 17, 1999 PACER
29

ORDER that oral argument be conducted at 10:00 on 9/27/99; etc. ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 09/13/1999)

Sept. 10, 1999 PACER
31

CERTIFICATION of Gerald J. Smit on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: EEOC age discrimination charge (femp) (in-md, ). (Entered: 09/23/1999)

Sept. 17, 1999 PACER
30

ORDER that pltfs must provide defts with an original and one copy of pltfs' opp papers to defts' motion for partial dismissal by 10.4.99; etc. ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 09/23/1999)

Sept. 23, 1999 PACER
32

Minute entry: Proceedings recorded by ; Minutes of: 9.27.99; The following actions were taken, denying [17-1] motion for partial dismissal By Mag. Judge Ronald J. Hedges (femp) (in-md, ). (Entered: 10/01/1999)

Sept. 27, 1999 RECAP
33

ORDER that discovery is stayed as to all claims that defts have moved to dimiss purs to R 12(b)(6) pending resolution of that motion; etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (femp) (in-md, ). (Entered: 10/04/1999)

Oct. 1, 1999 PACER
34

Notice of MOTION by The American Association of Retired Persons for leave to file brief Amicus Curiae in support of the pltfs opp, Motion set for 11/8/99 on [34-1] motion proof of service (Brief/PO Subm) (femp) Modified on 10/06/1999 (in-md, ). (Entered: 10/05/1999)

Oct. 4, 1999 PACER
35

Notice of MOTION for partial dismissal by AT&T, AT&T MANAGEMENT PEN, Motion set for 11/22/99 on [35-1] motion proof of service (Brief/PO Subm) (femp) (in-md, ). (Entered: 11/03/1999)

Oct. 29, 1999 PACER
36

CERTIFICATION of Terrence J. Nolan, Esq. on behalf of AT&T, AT&T MANAGEMENT PEN Re: [35-1] motion for partial dismissal (femp) (in-md, ). (Entered: 11/03/1999)

Oct. 29, 1999 PACER
37

CERTIFICATION of Allen Sefcik on behalf of AT&T, AT&T MANAGEMENT PEN Re: [35-1] motion for partial dismissal (femp) (cf, ). (Additional attachment(s) added on 10/8/2009: # 1 CERTIFICATION PART 2 OF 5) (cf, ). (Additional attachment(s) added on 10/8/2009: # 2 CERTIFICATION PART 3 OF 5) (cf, ). (Additional attachment(s) added on 10/8/2009: # 3 CERTIFICATION PART 4 OF 5) (cf, ). (Additional attachment(s) added on 10/8/2009: # 4 CERTIFICATION PART 5 OF 5) (cf, ). (Entered: 11/03/1999)

1 CERTIFICATION PART 2 OF 5

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2 CERTIFICATION PART 3 OF 5

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3 CERTIFICATION PART 4 OF 5

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4 CERTIFICATION PART 5 OF 5

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Oct. 29, 1999 PACER
38

CERTIFICATION of Gerald J. Smit on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: [35-1] motion for partial dismissal (femp) (in-md, ). (Entered: 11/03/1999)

Oct. 29, 1999 PACER
39

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (femp) (in-md, ). (Entered: 11/03/1999)

Oct. 29, 1999 PACER
40

Notice of MOTION to dismiss Pltf's First, Second & Ninth Claims by AT&T, AT&T MANAGEMENT PEN, Motion set for 12/13/99 on [40-1] motion ; w/cert. of serv. (Brief/PO Subm) (DD) (in-md, ). (Entered: 11/08/1999)

Nov. 5, 1999 PACER
41

CERTIFICATION of TERRENCE J. NOLAN, ESQ. w/attached exhibits A-I on behalf of AT&T, AT&T MANAGEMENT PEN Re: [40-1] motion to dismiss Pltf's First, Second & Ninth Claims (DD) (cf, ). (Entered: 11/08/1999)

Nov. 5, 1999 PACER
42

CERTIFICATION of GERALD SMIT on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: in opposition to [40-1] motion to dismiss Pltf's First, Second & Ninth Claims (DD) (in-md, ). (Entered: 11/08/1999)

Nov. 5, 1999 PACER
43

CERTIFICATION of STEPHEN BRUCE on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: in opposition to [40-1] motion to dismiss Pltf's First, Second & Ninth Claims (DD) (in-md, ). (Entered: 11/08/1999)

Nov. 5, 1999 PACER
44

ORDER granting [34-1] motion for leave to file brief Amicus Curiae in support of the pltfs opp ( signed by Judge Nicholas H. Politan ) (aa) (in-md, ). (Entered: 11/09/1999)

Nov. 8, 1999 PACER
45

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 11/8/99; The following actions were taken, At call for [34-1] motion for leave to file brief Amicus Curiae in support of the pltfs opp taken under advisement, purs to Rule 78. By Judge Nicholas H. Politan (DD) (in-md, ). (Entered: 11/09/1999)

Nov. 8, 1999 PACER
46

Notice of MOTION for leave to file amended complaint by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR,and certificate of service Motion set for 9:30 12/13/99 on [46-1] motion . (Brief/PO Subm) (aa) (in-md, ). (Entered: 11/15/1999)

Nov. 10, 1999 PACER
47

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 11/30/1999)

Nov. 29, 1999 PACER
48

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN re: reply brief (femp) (in-md, ). (Entered: 12/02/1999)

Dec. 1, 1999 PACER
49

Minute entry: Proceedings recorded by Ct-Reporter: Stan Rizman; Minutes of: 12/13/99; The following actions were taken, [46-1] motion for leave to file amended complaint taken under advisement, decision reserved. By Judge Nicholas H. Politan (bl) (in-md, ). (Entered: 12/15/1999)

Dec. 13, 1999 PACER
50

Minute entry: Proceedings recorded by Ct-Reporter: Stan Rizman; Minutes of: 12/13/99; The following actions were taken, [35-1] motion for partial dismissal taken under advisement, decision Reserved. By Judge Nicholas H. Politan (bl) (in-md, ). (Entered: 12/15/1999)

Dec. 13, 1999 PACER
51

Minute entry: Proceedings recorded by Ct-Reporter: Stan Rizman; Minutes of: 12/13/99; The following actions were taken, [40-1] motion to dismiss Pltf's First, Second & Ninth Claims taken under advisement, per rule 78. By Judge Nicholas H. Politan (bl) (Entered: 12/15/1999)

Dec. 13, 1999 PACER
52

Notice of MOTION for preliminary injunction by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR, Motion set for 5/8/00 on [52-1] motion proof of service (Brief/PO Subm) (femp) (in-md, ). (Entered: 04/17/2000)

April 14, 2000 RECAP
53

CERTIFICATION of Gerald J. Smit, Esq. on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: [52-1] motion for preliminary injunction (femp) (in-md, ). (Entered: 04/17/2000)

April 14, 2000 PACER
54

CERTIFICATION in opposition of Sharon A. Byrne on behalf of AT&T Re: [52-1] motion for preliminary injunction (femp) (in-md, ). (Entered: 04/25/2000)

April 24, 2000 PACER
55

CERTIFICATE OF SERVICE by AT&T (femp) (in-md, ). (Entered: 04/25/2000)

April 24, 2000 PACER
56

Minute entry: Proceedings recorded by Ct-Reporter: Rizman; Minutes of: 5.9.00; The following actions were taken, granting [52-1] motion for preliminary injunction By Judge Nicholas H. Politan (femp) (in-md, ). (Entered: 05/10/2000)

May 9, 2000 PACER
58

CERTIFICATION of Carol Rosa on behalf of MANAGEMENT EMPLOYEES, PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (femp) (in-md, ). (Entered: 05/15/2000)

May 11, 2000 PACER
57

TRANSCRIPT of Proceedings taken on 05/09/00 (sr) (cf, ). (Entered: 05/12/2000)

May 12, 2000 PACER
59

APPLICATION/motion for Edgar Pauk to appear pro hac vice by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (copy to chambers) (femp) (in-md, ). (Entered: 05/16/2000)

May 15, 2000 PACER
60

ORDER for Edgar Pauk, Esq. to appear pro hac vice ( signed by Mag. Judge Ronald J. Hedges ) n/m (femp) (in-md, ). (Entered: 06/08/2000)

June 7, 2000 PACER
61

LETTER-OPINION ( signed by Judge Nicholas H. Politan ) (jd) Modified on 06/30/2000 (in-md, ). (Entered: 06/30/2000)

June 29, 2000 PACER
62

ORDER granting [46-1] motion for leave to file amended complaint granting in part, denying in part [40-1] motion to dismiss Pltf's First, Second & Ninth Claims granting in part, denying in part [35-1] motion for partial dismissal; Specifically, the First, Second, and Eighth Claims are dismissed with prejudice. Defts' motions to dismiss are denied as to the Fourth, Fifith, Sixth and Ninth Claims. ( signed by Judge Nicholas H. Politan ) n/m (jd) Additional attachment(s) added on 12/21/2004 (ev, ). (Additional attachment(s) added on 6/22/2009: # 1 order) (in-md, ). (Entered: 06/30/2000)

1 order

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June 29, 2000 PACER
63

SCHEDULING ORDER setting Status conference 10:30 9/15/00 ; etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (RG) (in-md, ). (Entered: 07/19/2000)

July 18, 2000 PACER
64

ANSWER by AT&T, AT&T MANAGEMENT PEN to second amended complaint; jury demand, cert of service (sr) (in-md, ). (Entered: 07/26/2000)

July 26, 2000 RECAP
65

Notice of MOTION for reargument of dismissal of Adea claims one and two, or entry of FRCP 54(b) or 28 USC 1292(b) order by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR, Motion set for 9/11/00 on [65-1] motion . proof of service (Brief/PO Subm) (RG) (in-md, ). (Entered: 07/28/2000)

July 28, 2000 PACER
66

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN re: opp to pltfs' motion for reargument (RG) (in-md, ). (Entered: 09/11/2000)

Sept. 8, 2000 PACER
67

Amended CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (RG) (in-md, ). (Entered: 09/14/2000)

Sept. 14, 2000 PACER
68

SCHEDULING ORDER setting Status conference 2/6/01 ; etc. ( signed by Mag. Judge Ronald J. Hedges ) (RG) (in-md, ). (Entered: 09/18/2000)

Sept. 15, 2000 PACER
69

ORDER denying [65-1] motion for reargument of dismissal of Adea claims one and two, or entry of FRCP 54(b) or 28 USC 1292(b) order ( signed by Judge Nicholas H. Politan ) n/m (RG) (in-md, ). (Entered: 10/04/2000)

Oct. 4, 2000 PACER
70

ORDER, for protective order ( signed by Mag. Judge Ronald J. Hedges ) nm (DR) (in-md, ). (Entered: 10/12/2000)

Oct. 10, 2000 PACER
71

Notice of MOTION for class certification and approval of Adea Representative Action by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR, Motion set for 12/11/00 on [71-1] motion proof of service (Brief/PO Subm) (RG) (in-md, ). (Entered: 10/23/2000)

Oct. 20, 2000 PACER
72

CERTIFICATION of Kevin R. Armant on behalf of AT&T, AT&T MANAGEMENT PEN Re: [71-1] motion for class certification and approval of Adea Representative Action (RG) (cf, ). (Additional attachment(s) added on 10/6/2009: # 1 CERTIFICATION PART 2 OF 3) (cf, ). (Additional attachment(s) added on 10/6/2009: # 2 CERTIFICATION PART 3 OF 3) (cf, ). (Entered: 11/14/2000)

1 CERTIFICATION PART 2 OF 3

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2 CERTIFICATION PART 3 OF 3

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Nov. 13, 2000 PACER
73

CERTIFICATION of Christopher H. Mills, Esq. on behalf of AT&T, AT&T MANAGEMENT PEN Re: [71-1] motion for class certification and approval of Adea Representative Action (RG) (cf, ). (Additional attachment(s) added on 10/6/2009: # 1 CERTIFICATION PART 2 OF 3) (cf, ). (Additional attachment(s) added on 10/6/2009: # 2 CERTIFICATION PART 3 OF 3) (cf, ). (Entered: 11/14/2000)

1 CERTIFICATION PART 2 OF 3

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2 CERTIFICATION PART 3 OF 3

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Nov. 13, 2000 PACER
74

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (RG) (in-md, ). (Entered: 11/14/2000)

Nov. 13, 2000 PACER
75

Minute entry: Proceedings recorded by Ct-Reporter: Rizman; Minutes of: 1.23.01; The following actions were taken, [71-1] motion for class certification and approval of Adea Representative Action taken under advisement By Judge Nicholas H. Politan (RG) (in-md, ). (Entered: 01/30/2001)

Jan. 23, 2001 PACER
76

ORDER directing pltfs' counsels to submit requested materials re: qualifications as to various resources needed to manage a class action; ( signed by Judge Nicholas H. Politan ) n/m (RG) (in-md, ). (Entered: 02/09/2001)

Feb. 8, 2001 PACER
77

Case Management order/SCHEDULING ORDER setting Status conference 3:00 5/10/01; etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (RG) (in-md, ). (Entered: 04/03/2001)

April 2, 2001 PACER
78

LETTER-OPINION ( signed by Judge Nicholas H. Politan ) (jd) (in-md, ). (Entered: 06/11/2001)

June 7, 2001 RECAP
79

ORDER granting [71-1] motion for class certification w/regard to the remaining claims in the Second Amended Complaint; the ninth claim for relief in the pltfs' second amended class action complaint is dismissed; pltfs shall submit, w/in 30 days of the date of this order, evidence which would tend to counter the defts' contention that none of the named pltfs will suffer a reduction in annual benefits commencing at age 65 by virtue of the Plan Amendment, etc. ( signed by Judge Nicholas H. Politan ) n/m (jd) (in-md, ). (Entered: 06/11/2001)

June 7, 2001 RECAP
80

ORDER, extending time to file any application for relief from the order entered on June 6, 2001 an additional 10 days ( signed by Judge Nicholas H. Politan ) n/m (nr) (in-md, ). (Entered: 06/18/2001)

June 15, 2001 PACER
81

Notice of MOTION for reconsideration of [79-1] order by AT&T, AT&T MANAGEMENT PEN, Motion set for 7/23/01 on [81-1] motion . (Letter Brief/PO Subm) (ar) (in-md, ). (Entered: 06/27/2001)

June 25, 2001 PACER
82

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN Service Re: [81-1] motion for reconsideration of [79-1] order (ar) (in-md, ). (Entered: 06/27/2001)

June 25, 2001 PACER
83

Notice of MOTION for leave to file amended complt. by MANAGEMENT EMPLOYEES, proof of service. Motion set for 9/10/01 on [83-1] motion . (Brief/PO Subm) (nr) (in-md, ). (Entered: 07/10/2001)

July 6, 2001 PACER
84

*** UNDER SEAL - CERTIFICATION of STEPHEN BRUCE on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: in support of plas' proffer of evidence on ERISA 204(H) CLAIM (ar) (Entered: 07/13/2001)

July 10, 2001 PACER
85

AFFIDAVIT of CLAUDE POULIN on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (ar) (Entered: 07/13/2001)

July 10, 2001 PACER
86

CERTIFICATE OF SERVICE by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Service Re: Letter Brief and [85-1] affidavit, [84-1] ****UNDER SEAL certification (ar) (Entered: 07/13/2001)

July 10, 2001 PACER
87

CERTIFICATE OF SERVICE re: defts' reply brief opposing AT&T's Motion for reconsideration served upon counsel of record via Federal Express (sr) (in-md, ). (Entered: 07/18/2001)

July 16, 2001 PACER
88

ORDER, for an in camera inspection be conducted on 9/5/01 (signed by Mag. Judge Ronald J. Hedges)n/m (mh) (in-md, ). (Entered: 07/19/2001)

July 18, 2001 PACER
89

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 07/23/01; The following actions were taken, at call for [81-1] motion for reconsideration of [79-1] order taken under advisement, purs to Rule 78 By Judge Nicholas H. Politan (sr) (in-md, ). (Entered: 07/24/2001)

July 23, 2001 PACER
90

CERTIFICATE OF SERVICE of defts opposition to pltfs' motion for leave to file third amended complt. served upon counsel via federal express & hand delivery (sr) (in-md, ). (Entered: 08/28/2001)

Aug. 27, 2001 PACER
91

CERTIFICATION of Patricia A. Cullen, Esq. on behalf of AT&T Re: [83-1] motion for leave to file amended complt. (brief & appendix subm) (sr) (in-md, ). (Entered: 08/28/2001)

Aug. 27, 2001 PACER
92

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 9/10/01; The following actions were taken, [83-1] motion for leave to file amended complt. taken under advisement. Rule 78. By Judge Nicholas H. Politan (jd) (in-md, ). (Entered: 09/13/2001)

Sept. 10, 2001 PACER
93

CERTIFICATION of KENNETH C. MORGAN on behalf of AT&T, AT&T MANAGEMENT PEN (nr) (in-md, ). (Entered: 09/26/2001)

Sept. 25, 2001 PACER
94

ORDER re: in camera review of dft's privileged doc., etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (ak) (in-md, ). (Entered: 10/05/2001)

Oct. 3, 2001 PACER
95

TRANSCRIPT of Proceedings taken on 1/23/01 by Court Reporter Stanley B. Rizman (DS) (cf, ). (Entered: 10/05/2001)

Oct. 4, 2001 PACER
96

SUPPLEMENTAL CERTIFICATION of KENNETH C. MORGAN re pro hac vice (nr) Modified on 11/02/2001 (in-md, ). (Entered: 11/02/2001)

Oct. 29, 2001 PACER
97

Notice of MOTION for reconsideration of [94-1] order by AT&T, AT&T MANAGEMENT PEN, & cert. of service. Motion set for 11/30/01 on [97-1] motion . (Brief/PO Subm) (mn) (in-md, ). (Entered: 11/07/2001)

Nov. 2, 2001 PACER
98

TRANSCRIPT of Proceedings taken on 9/5/01 (aa) (cf, ). (Entered: 11/14/2001)

Nov. 13, 2001 PACER
99

TRANSCRIPT of Proceedings taken on 10/29/01 (aa) (cf, ). (Entered: 11/14/2001)

Nov. 13, 2001 PACER
100

CERTIFICATE OF SERVICE by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Service in opposition Re: [97-1] motion for reconsideration of [94-1] order (Brief sub.) (aa) (in-md, ). (Entered: 11/20/2001)

Nov. 16, 2001 PACER

State / Territory: New Jersey

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 5, 1998

Closing Date: June 22, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former or current AT&T management employees over age 40 who participated in the AT&T Management Pension Plan on December 31, 1996 and on or after the January 1, 1998 date.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

AT&T Corporation, 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

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Discrimination-area:

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

Pay / Benefits

Discrimination-basis:

Age discrimination