Case: Breen v. Mineta

1:05-cv-00654 | U.S. District Court for the District of Columbia

Filed Date: March 31, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 31, 2005, several current or former employees of the Federal Aviation Administration ("FAA") who were forty years old or older filed this age discrimination lawsuit in the U.S. District Court for the District of Columbia, against the FAA and the U.S. Department of Transportation ("DOT"). The plaintiffs, represented by private counsel, sued under the Age Discrimination in Employment Act ("ADEA") and alleged that the FAA and DOT discriminated against them by targeting their jobs for outs…

On March 31, 2005, several current or former employees of the Federal Aviation Administration ("FAA") who were forty years old or older filed this age discrimination lawsuit in the U.S. District Court for the District of Columbia, against the FAA and the U.S. Department of Transportation ("DOT"). The plaintiffs, represented by private counsel, sued under the Age Discrimination in Employment Act ("ADEA") and alleged that the FAA and DOT discriminated against them by targeting their jobs for outsourcing and terminating their federal employment on the basis of age. Specifically, the plaintiffs claimed that the FAA violated the ADEA through their decision, as announced on February 1, 2005, to contract out the Flight Service component of Air Traffic Control, resulting in the termination of the plaintiffs' positions with the FAA, the elimination or reduction of their pay and retirement benefits, and the premature termination of their federal employment. The plaintiffs sought injunctive relief, back pay and benefits, front pay, record correction, and attorneys' fees.

On June 29, 2005, the plaintiffs filed a motion to certify the class, but the court did not rule on this motion. The case instead moved forward with the plaintiffs constituting a putative (uncertified) class of over eight hundred members. In the meantime, the plaintiffs sought to add many additional plaintiffs. The court granted a motion to add new plaintiffs on March 31, 2006.

On July 26, 2005, the plaintiffs moved for a preliminary injunction to stop the FAA from outsourcing the Flight Service component. The court (Judge Richard W. Roberts) denied this motion on September 30, 2005, concluding that the plaintiffs' projected job loss was not likely to constitute irreparable harm because it could be corrected by money damages. 2005 WL 3276163. The plaintiffs filed an interlocutory appeal to the D.C. Circuit on October 5, 2005, but the D.C. Circuit affirmed the district court's denial on December 28, 2005.

On August 24, 2005, the defendants moved to dismiss for lack of subject matter jurisdiction, or in the alternative, for summary judgment. Judge Roberts denied this motion on January 8, 2007, holding that the court had jurisdiction over the case, the defendants did not have sovereign immunity under the ADEA, and summary judgment would be premature without discovery. 474 F.Supp.2d 1. The court denied, without prejudice, the plaintiffs' motion for class certification on February 7, 2007.

For the next several months, the parties engaged in discovery. This process was interrupted when, on June 8, 2007, the plaintiffs' attorney, Gebhardt & Associates, moved to withdraw as counsel. After the plaintiffs' former union could no longer pay for the representation, Gebhardt had sought payment from the individual plaintiffs. More than 700 of the 912 individual plaintiffs had not paid attorneys' fees or expenses, putting the firm in a position of providing pro-bono representation for hundreds of plaintiffs. The defendants opposed this motion, concerned that a case involving more than 900 pro-se plaintiffs would turn into a logistical nightmare for the defendants' attorneys. On September 14, 2007, proceedings were held before Judge Roberts. He denied the plaintiffs' motion to withdraw attorney as to all but 20 individual plaintiffs who specifically declared they wished to proceed pro se.

With so many plaintiffs living all across the country, much of the litigation concerned the dismissal of individual plaintiffs who failed to respond to letters asking whether they wanted to continue with the case. Three such plaintiffs moved for reconsideration of their dismissal. Judge Roberts denied their requests on February 17, 2009. 597 F.Supp.2d 84. Other individuals sought to enter the litigation. On January 7, 2008, Judge Roberts denied the motion to join or intervene, holding that the individuals missed the deadline to join. 529 F.Supp.2d 24.

On April 27, 2009, the defendants filed a motion for summary judgment, and on June 15, 2009, the plaintiffs filed a cross-motion for summary judgment. For years following this, the court did not rule on these motions. On May 21, 2014, the plaintiffs filed a motion to expedite consideration of their cross-motion for summary judgment. After they filed this motion, the docket remained inactive for nearly two years, until April 1, 2016, when it was reassigned to Judge Paul L. Friedman following Judge Robert's retirement.

On June 30, 2016, the court issued a minute order directing the parties to update the court on the background and status of the case, including whether there was a need for new briefing on the cross-motions for summary judgment and whether the parties were amenable to mediation.

On September 27, 2016, the plaintiffs withdrew the cross-motion for summary judgment and instead filed a supplemental brief in opposition to the defendants' motion for summary judgment on September 30, 2016. Attorneys for the plaintiffs also changed, and on December 14, 2016, Judge Friedman granted Gebhardt's motion to withdraw as attorney, satisfied that the plaintiffs were adequately represented by new counsel. 220 F.Supp.3d 130.

On May 26, 2017, Judge Friedman granted the defendant's motion for summary judgment regarding the plaintiffs' disparate impact claim but denied the motion regarding the plaintiffs' disparate treatment claims. 2017 WL 2312884. On August 18, 2017, the plaintiffs moved to substitute the personal representatives for estates of deceased plaintiffs. Judge Friedman issued an order on October 16, directing the plaintiffs to clarify "whether counsel do in fact represent the personal representatives of the decedents' estates." 2017 WL 4675733. Judge Friedman granted the plaintiffs' motion for substitution of estates on December 13, 2017.

On March 27, 2018, Judge Friedman granted the dismissed plaintiffs' motion asking to reinstate their claims. On the same day, the court also granted the prospective plaintiffs' motion to reconsider the Court's prior orders and permitted the prospective plaintiffs to join the case. The plaintiff then filed a second amended complaint on April 10, 2018, to add additional identified individuals as plaintiffs.

On July 17, 2018, Judge Friedman granted in part and denied in part the plaintiffs' motion to reopen discovery after it closed nine years ago. The court ordered that "discovery is reopened for the limited purpose of permitting expert reports and testimony regarding the requirements of the A-76 process and the extent to which the FAA process was consistent with or different from the requirements and practices of other agencies conducting A-76 competitions."

On July 27, 2018, the plaintiffs moved to join an additional 114 plaintiffs, but the motion was denied without prejudice on March 21, 2019. That same day, the court granted in part and denied in part the plaintiffs' motion to reinstate all individuals who had expressed their intention to participate as plaintiffs in this case.

By December 2020, settlement negotiations were underway. As of April 8, 2021, the case is ongoing: the parties have reached a settlement and expect to file it by April 28.

Summary Authors

Jordan Rossen (9/3/2010)

MJ Koo (3/13/2017)

Gabriela Hybel (11/29/2017)

Sichun Liu (3/21/2019)

Lauren Yu (4/8/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4201979/parties/breen-v-mineta/


Judge(s)

Friedman, Paul L. (District of Columbia)

Roberts, Richard W. (District of Columbia)

Attorneys(s) for Plaintiff

Cochran, Shaylyn Capri (District of Columbia)

Cohen, Cori Morgan (Maryland)

Corman, Brian Christopher (District of Columbia)

Dann, Mark (District of Columbia)

Day, Charles W. (District of Columbia)

Dodson, Donna (Ohio)

Droste, Meghan Alexis (Maryland)

Garon, Lenore (Virginia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Roberts, Richard W. (District of Columbia)

Attorneys(s) for Plaintiff

Cochran, Shaylyn Capri (District of Columbia)

Cohen, Cori Morgan (Maryland)

Corman, Brian Christopher (District of Columbia)

Dann, Mark (District of Columbia)

Day, Charles W. (District of Columbia)

Dodson, Donna (Ohio)

Droste, Meghan Alexis (Maryland)

Garon, Lenore (Virginia)

Gebhardt, Joseph (District of Columbia)

Gilbert, Gary M. (Maryland)

Herrera, Stephanie M. (Maryland)

Kincaid, Linda A. (Maryland)

Lange, Sharon H (Alabama)

Lazor, John (Florida)

Leary, Shannon C (Maryland)

Liebeno, Wiliam (Texas)

Lippi, Fred E (California)

Pedraza, Robert (Texas)

Rainey, Valencia (District of Columbia)

Sandoval, Lisa R. (Maryland)

Sellers, Joseph Marc (District of Columbia)

Shinnar, Michal (Maryland)

Siedler, Frances T (Ohio)

Tangen, Steven (Virginia)

Trabold, Jeffrey G (Michigan)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

D'Ottavio, Kari E. (District of Columbia)

Gardner, Joshua Edward (District of Columbia)

Jaffe, William B. (District of Columbia)

Kade, Elizabeth Lanier (District of Columbia)

Kennedy, Brian (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Marcus, Lisa Z (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Nusraty, Tim (District of Columbia)

Phillips, Channing D (District of Columbia)

Tomlinson, Martin (District of Columbia)

Other Attorney(s)

Taylor, Eldon D Jr (Washington)

Documents in the Clearinghouse

Document

1:05-cv-00654

0:05-05371

Docket [PACER]

April 8, 2021

April 8, 2021

Docket
3

1:05-cv-00654

First Amended Class Action Complaint

June 24, 2005

June 24, 2005

Complaint
23

1:05-cv-00654

Defendants' Motion To Dismiss Or, In The Alternative, For Summary Judgment

Aug. 24, 2005

Aug. 24, 2005

Pleading / Motion / Brief
30

1:05-cv-00654

Plaintiffs' Reply to Defendants' Response to Plaintiffs' Notice of Supplemental Filing

Sept. 15, 2005

Sept. 15, 2005

Pleading / Motion / Brief
30

1:05-cv-00654

Plaintiffs' Reply to Defendants' Response to Plaintiffs' Notice of Supplemental Filing

Sept. 15, 2005

Sept. 15, 2005

Pleading / Motion / Brief
31

1:05-cv-00654

Plaintiffs' Opposition to Defendants' Motion to Dismiss Or, In the Alternative, for Summary Judment

2005 WL 2861274

Sept. 16, 2005

Sept. 16, 2005

Pleading / Motion / Brief
34

1:05-cv-00654

Memorandum Opinion and Order

2005 WL 3276163

Sept. 30, 2005

Sept. 30, 2005

Order/Opinion
46

1:05-cv-00654

Opinion and Order (Denying Defendants' Motion to Dismiss Or, in the Alternative, for Summary Judgment)

Breen v. Peters

474 F.Supp.2d 1

Jan. 8, 2007

Jan. 8, 2007

Order/Opinion
50

1:05-cv-00654

Answer To First Amended Class Action Complaint

Breen v. Peters

Feb. 5, 2007

Feb. 5, 2007

Pleading / Motion / Brief
122

1:05-cv-00654

Opinion and Order (Denying Plaintiffs' Motion To Join Twenty Individuals As Plaintiffs)

Breen v. Peters

529 F.Supp.2d 24

Jan. 7, 2008

Jan. 7, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201979/breen-v-mineta/

Last updated Aug. 12, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against NORMAN Y. MINETA, MARION C. BLAKEY (Filing fee $ 250) filed by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(jf, ) (Entered: 04/01/2005)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

3 Exhibit 3

View on RECAP

4 Exhibit 4

View on RECAP

March 31, 2005

March 31, 2005

RECAP

SUMMONS (4) Issued as to NORMAN Y. MINETA, MARION C. BLAKEY, U.S. Attorney and U.S. Attorney General (jf, )

March 31, 2005

March 31, 2005

PACER
2

NOTICE of Appearance by Marcia Berman on behalf of all defendants (Berman, Marcia) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

RECAP
3

FIRST AMENDED CLASS ACTION COMPLAINT against NORMAN Y. MINETA, MARION C. BLAKEYfiled by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO.(nmw, ) (Entered: 06/27/2005)

June 24, 2005

June 24, 2005

RECAP
4

MOTION to Certify Class by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Text of Proposed Order)(Gebhardt, Joseph) (jf, ). (Entered: 06/29/2005)

1

View on PACER

June 29, 2005

June 29, 2005

PACER
5

MOTION to Stay Plaintiffs' Motion for Class Certification by NORMAN Y. MINETA. (Attachments: # 1 Exhibit)(Berman, Marcia) Modified on 7/12/2005 (jf, ). (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
6

MOTION for Extension of Time to respond to plaintiffs' motion for class certification by NORMAN Y. MINETA, MARION C. BLAKEY. (to view document, click on link #5) (jf, ) (Entered: 07/12/2005)

July 11, 2005

July 11, 2005

PACER
7

NOTICE of Filing by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO re 4 MOTION to Certify Class (Attachments: # 1 Motion for Class Certification in Different Font)(Day, Charles) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

PACER
8

Memorandum in opposition to motion re 5 Stay of Class Certification filed by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Text of Proposed Order)(Day, Charles) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

PACER
9

MOTION for Leave to File Excess Pages by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Text of Proposed Order)(Gebhardt, Joseph) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

PACER
10

MOTION for Preliminary Injunction by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24# 26 Exhibit 25# 27 Exhibit 26# 28 Exhibit 27# 29 Exhibit 28# 30 Exhibit 29# 31 Exhibit 30# 32 Exhibit 31# 33 Exhibit 32# 34 Exhibit 33# 35 Exhibit 34# 36 Exhibit 35# 37 Exhibit 36# 38 Exhibit 37# 39 Exhibit 38# 40 Exhibit 39# 41 Exhibit 40# 42 Exhibit 41# 43 Exhibit 42# 44 Exhibit 43# 45 Exhibit 44# 46 Exhibit 45# 47 Exhibit 46# 48 Exhibit 47# 49 Exhibit 48# 50 Exhibit 49# 51 Exhibit 50# 52 Exhibit 51# 53 Exhibit 52# 54 Exhibit 53# 55 Exhibit 54# 56 Exhibit 55# 57 Exhibit 56# 58 Exhibit 57# 59 Exhibit 58# 60 Exhibit 59# 61 Exhibit 60# 62 Exhibit 61# 63 Exhibit 62# 64 Exhibit 63# 65 Exhibit 64)(Gebhardt, Joseph) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 06/27/2005., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to NORMAN Y. MINETA served on 6/27/2005, answer due 8/26/2005; MARION C. BLAKEY served on 6/27/2005, answer due 8/26/2005., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. NORMAN Y. MINETA served on 6/27/2005, answer due 8/26/2005; MARION C. BLAKEY served on 6/27/2005, answer due 8/26/2005 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Gebhardt, Joseph) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

PACER
12

NOTICE Joint Proposed Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction by NORMAN Y. MINETA, MARION C. BLAKEY (Berman, Marcia) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

PACER
13

Memorandum in opposition to motion re 9 for leave to file excess pages filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

PACER
14

REPLY to opposition to motion re 5 to stay plaintiffs' motion for class certification filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Berman, Marcia) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

PACER
15

REPLY to opposition to motion re 9 Leave to File Excess Pages filed by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Day, Charles) (Entered: 08/03/2005)

Aug. 3, 2005

Aug. 3, 2005

PACER

MINUTE ORDER: Counsel for the parties are hereby directed to appear for a status conference regarding the proposed briefing schedule 12 on Monday, August 8, 2005 at 11:00 a.m. Issued by Judge Richard W. Roberts on 8/4/2004. (lcrwr3)

Aug. 4, 2005

Aug. 4, 2005

PACER

NOTICE of Hearing: Status Conference set for 8/8/2005 11:00 AM in Courtroom 9 before Judge Richard W. Roberts. (zlin, )

Aug. 5, 2005

Aug. 5, 2005

PACER

NOTICE of Hearing: Status Conference set for 8/8/2005 11:00 AM in Courtroom 9 before Judge Richard W. Roberts. (lin, )

Aug. 5, 2005

Aug. 5, 2005

PACER
16

NOTICE of Appearance by Tim H. Nusraty on behalf of NORMAN Y. MINETA, MARION C. BLAKEY (Nusraty, Tim) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
17

MOTION for Leave to File Supplement to Plaintiffs' Application for Preliminary Injunction by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Exhibit 1)(Gebhardt, Joseph) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
18

NOTICE of Appearance by Charles W. Day, Jr on behalf of all plaintiffs (Day, Charles) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
19

NOTICE of Appearance by Mark A. Dann on behalf of all plaintiffs (Dann, Mark) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER

Minute Entry for proceedings held before Judge Richard W. Roberts : Status Conference held on 8/8/2005. Motion of plaintiff to supplement motion for preliminary injunction granted; Response due by 8/23/2005 Hearing set for 9/1/2005 03:30 PM in Courtroom 9 before Judge Richard W. Roberts. (Court Reporter Scott Wallace.) (lin, )

Aug. 8, 2005

Aug. 8, 2005

PACER
20

NOTICE of Appearance by Brian G. Kennedy on behalf of all defendants (Kennedy, Brian) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER
21

Unopposed MOTION for Leave to File Excess Pages by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Text of Proposed Order Proposed Order)(Berman, Marcia) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER
22

Memorandum in opposition to motion re 10 filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Affidavit Kansier Decl# 2 Affidavit Courain Decl# 3 Affidavit Sheridan Decl# 4 Exhibit Blakey Remarks# 5 Exhibit June 12 DOT Statement# 6 Exhibit 2000 OIG Report# 7 Affidavit Reyna Decl# 8 Exhibit 2003 OIG Report# 9 Exhibit 1998 OIG Report# 10 Exhibit NATCA v. Mineta Opinion# 11 Exhibit Inherently Governmental Determination# 12 Exhibit 1996 OIG Report# 13 Exhibit 1998 Core Group Report# 14 Exhibit President's Mgmt Agenda# 15 Exhibit 2003 Competitive Sourcing Document# 16 Affidavit Hennigan Decl.# 17 Exhibit GT Feasibility Ex Q 1 of 3# 18 Exhibit GT Feasibility Ex Q 2 of 3# 19 Exhibit GT Feasibility Ex Q 3 of 3# 20 Exhibit Bertram Memo# 21 Exhibit Brown Memo# 22 Exhibit Blakey Memo# 23 Exhibit NAATS Challenge# 24 Exhibit FAA Response to NAATS Challenge# 25 Exhibit DOT Letter to Pike# 26 Affidavit DeGaetano Decl# 27 Exhibit Neill ODRA Opinion Ex Y (1 of 3)# 28 Exhibit Neill ODRA Opinion Ex Y (2 of 3)# 29 Exhibit Neill ODRA Opinion Ex Y (3 of 3)# 30 Exhibit July 2005 FAA Order# 31 Affidavit Williams Decl.# 32 Affidavit Washington Decl.# 33 Affidavit Blakey Decl)(Berman, Marcia) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER
23

MOTION to Dismiss or in the alternative for Summary Judgment by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Text of Proposed Order Proposed Order Dismissal# 2 Text of Proposed Order Proposed Order SJ# 3 Affidavit Kansier Decl# 4 Affidavit Courain Decl# 5 Affidavit Sheridan Decl# 6 Exhibit Blakey Remarks# 7 Exhibit June 12 DOT Statement# 8 Exhibit 2000 OIG Report# 9 Affidavit Reyna Decl# 10 Exhibit 2003 OIG Report# 11 Exhibit 1998 OIG Report# 12 Exhibit NATCA v. Mineta Opinion# 13 Exhibit Inherently Governmental Determination# 14 Exhibit 1996 OIG Report# 15 Exhibit 1998 Core Group Report# 16 Exhibit President's Mgmt Agenda# 17 Exhibit 2003 Competitive Sourcing Document# 18 Affidavit Hennigan Decl# 19 Exhibit GT Feasibility Study Ex Q (1 of 3)# 20 Exhibit GT Feasibility Study Ex Q (2 of 3)# 21 Exhibit GT Feasibility Study Ex Q (3 of 3)# 22 Exhibit Bertram Memo# 23 Exhibit Brown Memo# 24 Exhibit Blakey Memo# 25 Exhibit NAATS Challenge# 26 Exhibit FAA Response to NAATS Challenge# 27 Exhibit DOT Letter to Pike# 28 Affidavit DeGaetano Decl# 29 Exhibit Neill ODRA Opinion Ex Y (1 of 3)# 30 Exhibit Neill ODRA Opinion Ex Y (2 of 3)# 31 Exhibit Neill ODRA Opinion Ex Y (3 of 3)# 32 Exhibit July 2005 FAA Order# 33 Affidavit Williams Decl# 34 Affidavit Washington Decl# 35 Affidavit Blakey Decl)(Berman, Marcia) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

PACER
24

NOTICE of Filing corrected exhibits by NORMAN Y. MINETA, MARION C. BLAKEY (Attachments: # 1 Exhibit # 2 Exhibit)(Berman, Marcia) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

PACER
25

MOTION To Add Plaintiffs by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Text of Proposed Order)(Gebhardt, Joseph) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

PACER

Minute Entry for proceedings held before Judge Richard W. Roberts : Motion Hearing held on 9/1/2005 re 10 MOTION for Preliminary Injunction filed by MILTON J. TORRES, III, JOHN O'CONNELL,, KATHLEEN A. BREEN,, RICHARD C. ANDERSON,, RONALD J. CONSALVO,, MARK JAFFE,, DARRELL G. MOUNTS,, MICHAEL J. SHELDON,, JERRY VANVACTER,. (Court Reporter Scott Wallace.) (lin, )

Sept. 1, 2005

Sept. 1, 2005

PACER
26

NOTICE of Filing of Supplemental Exhibits by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO re Motion Hearing, (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Day, Charles) (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

PACER
28

TRANSCRIPT of Motion Hearing held on September 1, 2005 before Judge Richard W. Roberts. Court Reporter: Scott L. Wallace. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: 09/12/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
27

RESPONSE to Plaintiffs' Notice of Supplemental Exhibits filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Exhibit Defs' Ex. DD -- June 2003 slide presentation# 2 Exhibit Ex. EE -- Jan 2003 slide presentation# 3 Exhibit Ex. FF --Blakey Prepared Remarks# 4 Exhibit EX. GG -- NAATS Statement Re Rapidly Aging Workforce)(Kennedy, Brian) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
29

RESPONSE to Plaintiffs' Motion to Add Plaintiffs 25 filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Nusraty, Tim) . (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER
30

REPLY to 27 Defendant's Response to Plaintiffs' Notice of Supplemental Filing filed by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Day, Charles) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

PACER
31

Memorandum in opposition to motion re 23 to dismiss or, in the alternative, for summary judgment filed by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Response to Statement of Material Facts# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Text of Proposed Order)(Day, Charles) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

PACER
32

REPLY to opposition to motion re 23 filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Exhibit Defs' Ex GG -- Determination of Secretary Mineta re air traffic control)(Kennedy, Brian) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

PACER
33

NOTICE of Filing by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO re 32 Reply to opposition to Motion (Attachments: # 1 Exhibit 1 Letter from Charles W. Day, Jr. to Brian G. Kennedy)(Day, Charles) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER
34

MEMORANDUM OPINION AND ORDER denying plaintiffs' motion for preliminary injunction. Signed by Judge Richard W. Roberts on 9/30/2005. (lcrwr3) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

RECAP
35

NOTICE OF INTERLOCUTORY APPEAL as to 34 Memorandum & Opinion entered on 09/30/05 by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. Filing fee $ 255, receipt number 138498. (jf, ) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 35 Notice of Interlocutory Appeal, (jf, )

Oct. 4, 2005

Oct. 4, 2005

PACER

USCA Case Number 05-5371 for 35 Notice of Interlocutory Appeal, filed by MILTON J. TORRES, III, JOHN O'CONNELL,, KATHLEEN A. BREEN,, RICHARD C. ANDERSON,, RONALD J. CONSALVO,, MARK JAFFE,, DARRELL G. MOUNTS,, MICHAEL J. SHELDON,, JERRY VANVACTER,. (lc, )

Oct. 5, 2005

Oct. 5, 2005

PACER
36

RESPONSE to Plaintiffs' Notice of Filing filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Exhibit Defs' Ex.HH, FAA letter to GAO re savings estimates)(Kennedy, Brian) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
37

NOTIFICATION OF SUPPLEMENTAL AUTHORITY by NORMAN Y. MINETA, MARION C. BLAKEY (Kennedy, Brian) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
38

MOTION to Withdraw Plaintiffs Larry D. Urban and Steven Szymanski by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(Day, Charles) (Entered: 01/25/2006)

1 Exhibit 1

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2 Exhibit 2

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3 Text of Proposed Order

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Jan. 25, 2006

Jan. 25, 2006

RECAP
39

MOTION to Withdraw Plaintiff Paul Carhoon by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, KATHLEEN A. BREEN, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Day, Charles) (Entered: 01/27/2006)

1 Exhibit 1

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2 Text of Proposed Order

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Jan. 27, 2006

Jan. 27, 2006

RECAP
40

ERRATA to Motion to Withdraw Plaintiff Paul Carhoon by MARK JAFFE, DARRELL G. MOUNTS, JOHN O'CONNELL, MICHAEL J. SHELDON, JERRY VANVACTER, KATHLEEN A. BREEN, MILTON J. TORRES, III, RICHARD C. ANDERSON, RONALD J. CONSALVO. (Attachments: # 1 Text of Proposed Order)(Day, Charles) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
41

RESPONSE to Motion to Withdraw of Plaintiff Paul Cahoon 39 filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Exhibit Ex. 1 (Agency Motion to Dismiss Before MSPB)# 2 Exhibit Ex. 2 (Mr. Cahoon's Filing Before MSPB)# 3 Exhibit Ex. 3 (Agency Jurisdictional Reply Before MSPB))(Kennedy, Brian) Modified on 2/13/2006 (ks, ). (Entered: 02/08/2006)

1 Exhibit Ex. 1 (Agency Motion to Dismiss Before MSPB)

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2 Exhibit Ex. 2 (Mr. Cahoon's Filing Before MSPB)

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3 Exhibit Ex. 3 (Agency Jurisdictional Reply Before MSPB)

View on PACER

Feb. 8, 2006

Feb. 8, 2006

RECAP
42

RESPONSE to Motion to Withdraw of Plaintiffs Larry D. Urban and Steven Szymanski 38 filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Kennedy, Brian) Modified on 2/13/2006 (ks, ). (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

RECAP
43

MANDATE of USCA (certified copy)It is hereby ordered that the order to show cause be discharged; It is further ordered that the District Court's September 30, 2005 order denying appellant's motion for preliminary injunction be affirmed; USCA#05-5371 (jsc) (Entered: 03/09/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER

MINUTE ORDER: It is hereby ORDERED that plaintiffs' motions 38 and 39 to withdraw certain individuals as plaintiffs be, and hereby are, GRANTED. Larry D. Urban, Steven Szymanski & Paul Cahoon are withdrawn as plaintiffs. Issued by Judge Richard W. Roberts on 3/31/06. (EHS)

March 31, 2006

March 31, 2006

PACER
44

ORDER granting in part 25 Motion to add plaintiffs . Signed by Judge Richard W. Roberts on 3/30/06. (lin, ) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

RECAP

MINUTE ORDER: It is hereby ORDERED that defendants' motion 5 to stay ruling on class certification or for an extension of time to respond be, and hereby is, DENIED as moot. Issued by Judge Richard W. Roberts on 8/28/06. (EHS)

Aug. 28, 2006

Aug. 28, 2006

PACER
45

MOTION for Hearing /Status Conference by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Day, Charles) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

PACER
46

MEMORANDUM OPINION AND ORDER denying defendants' motion 23 to dismiss or in the alternative for summary judgment, and granting plaintiffs' motion 45 for status conference. Signed by Judge Richard W. Roberts on 1/8/2007. (EHS) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

RECAP
47

ORDER SETTING INTITIAL SCHEDULING CONFERENCE. See order for details. Signed by Judge Richard W. Roberts on 1/8/2007. (EHS) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER

Set/Reset Hearings: Status Conference set for 2/7/2007 09:30 AM in Courtroom 9 before Judge Richard W. Roberts. (lin, )

Jan. 9, 2007

Jan. 9, 2007

PACER
48

Unopposed MOTION for Extension of Time to File Answer re 3 Amended Complaint, by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

PACER

MINUTE ORDER: It is hereby ORDERED that defendants' consent motion 48 for extension of time to answer be, and hereby is, GRANTED. Answer is due February 5, 2007. Issued by Judge Richard W. Roberts on 1/23/07. (EHS)

Jan. 23, 2007

Jan. 23, 2007

PACER

Set/Reset Deadlines: Answer due by 2/5/2007. (lin, )

Jan. 23, 2007

Jan. 23, 2007

PACER
49

MEET AND CONFER STATEMENT. (Day, Charles) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

PACER
50

ANSWER to Amended Complaint by NORMAN Y. MINETA, MARION C. BLAKEY. Related document: 3 Amended Complaint, filed by MILTON J. TORRES, III, JOHN O'CONNELL,, KATHLEEN A. BREEN,, RICHARD C. ANDERSON,, RONALD J. CONSALVO,, MARK JAFFE,, DARRELL G. MOUNTS,, MICHAEL J. SHELDON,, JERRY VANVACTER,.(Berman, Marcia) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER
51

Consent MOTION to Withdraw Jury Demand Without Prejudice by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Day, Charles) (Entered: 02/05/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER

Minute Entry for proceedings held before Judge Richard W. Roberts : Scheduling Conference held on 2/7/2007. Motion to certify class denied without prejudice; Discovery due by 2/7/2008. Dispositive Motions due by 4/8/2008. Status Conference set for 2/8/2008 09:15 AM in Courtroom 9 before Judge Richard W. Roberts. (Court Reporter Scott Wallace.) (lin, )

Feb. 7, 2007

Feb. 7, 2007

PACER
52

**** ENTERED IN ERROR **** WILL BE ENTERED AGAIN BELOW *** SCHEDULING ORDER: All discovery to close February 7, 2008; post-discovery status conference set for February 8, 2008 at 9:15 a.m. See order for additional deadlines. Signed by Judge Richard W. Roberts on 2/7/07. (EHS) Modified on 2/9/2007 (EHS). (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
53

SCHEDULING ORDER: All discovery to close February 7, 2008; post-discovery status conference set for February 8, 2008 at 9:15 a.m. See order for additional deadlines. Signed by Judge Richard W. Roberts on 02/07/07. (EHS) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

RECAP

NOTICE OF CORRECTED DOCKET ENTRY: re 52 Scheduling Order, was entered in error and has been re-entered at docket 53 . (EHS)

Feb. 9, 2007

Feb. 9, 2007

PACER

MINUTE ORDER: It is hereby ORDERED that plaintiffs' consent motion 51 to withdraw jury demand without prejudice be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 2/13/2007. (EHS)

Feb. 13, 2007

Feb. 13, 2007

PACER
54

NOTICE by Consent of Alteration to Deadline by ALL PLAINTIFFS (Dann, Mark) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

PACER
55

MOTION for Protective Order by NORMAN Y. MINETA, MARION C. BLAKEY (Attachments: # 1 Text of Proposed Order)(Jaffe, William) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

PACER
56

PROTECTIVE ORDER signed by Judge Richard W. Roberts on March 26, 207, setting forth procedures for handling confidential material; allowing designated material to be filed under seal (jwd) (Entered: 03/28/2007)

March 26, 2007

March 26, 2007

PACER
57

NOTICE of Appearance by Lenore Cooper Garon on behalf of all plaintiffs (Garon, Lenore) (Entered: 04/01/2007)

April 1, 2007

April 1, 2007

RECAP
58

NOTICE of Extension of Time to Respond to Discovery Requests by ALL PLAINTIFFS (Day, Charles) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
59

NOTICE of Filing of Praecipe by ALL PLAINTIFFS (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Dann, Mark) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
60

Consent MOTION to Withdraw Voluntarily 17 Plaintiffs by ALL PLAINTIFFS (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Dann, Mark) (Entered: 05/08/2007)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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May 8, 2007

May 8, 2007

RECAP
61

SUGGESTION OF DEATH Upon the Record as to Plaintiff Larry W. Reid and Motion to Dismiss by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(Dann, Mark) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
62

NOTICE of Filing of Proposed Order by ALL PLAINTIFFS re 60 Consent MOTION to Withdraw Voluntarily 17 Plaintiffs (Dann, Mark) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
63

MOTION for Joinder by ALL PLAINTIFFS (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order 1# 4 Text of Proposed Order 2)(Gebhardt, Joseph) Modified on 5/9/2007 (jf, ). (Entered: 05/08/2007)

1 Exhibit 1

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2 Exhibit 2

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3 Text of Proposed Order 1

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4 Text of Proposed Order 2

View on PACER

May 8, 2007

May 8, 2007

PACER
64

MOTION for Joinder To Reinstate Former Plaintiff Steven C. Szymanski by ALL PLAINTIFFS (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Gebhardt, Joseph) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
65

MOTION to Intervene by ALL PLAINTIFFS. (to view document, click on link # 63 ) (jf, ) (Entered: 05/09/2007)

May 8, 2007

May 8, 2007

PACER
66

NOTICE of Filing of Praecipe by ALL PLAINTIFFS (Gebhardt, Joseph) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

RECAP

MINUTE ORDER: It is hereby ORDERED that plaintiffs' suggestion of death and consent motion 61 to dismiss decedent from this action, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 5/21/2007. (EHS)

May 21, 2007

May 21, 2007

PACER
67

ORDER granting 60 Motion for voluntary dismissal of 17 plaintiffs.. Signed by Judge Richard W. Roberts on 5/18/07. (lin, ) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

PACER
68

Unopposed MOTION for Extension of Time to File Response/Reply as to 63 MOTION for Joinder or in the Alternative, to Intervene, 64 MOTION for Joinder To Reinstate Former Plaintiff Steven C. Szymanski by NORMAN Y. MINETA, MARION C. BLAKEY (Attachments: # 1 Text of Proposed Order)(Kennedy, Brian) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

PACER

MINUTE ORDER: It is hereby ORDERED that defendants' unopposed motion 68 for more time to file their response re plaintiff's motions 63, 64 and 65 for joinder or to intervene, and to reinstate former plaintiff Szymanski, be, and hereby is, GRANTED. The response is due by 6/1/2007. Issued by Judge Richard W. Roberts on 5/23/07. (EHS)

May 23, 2007

May 23, 2007

PACER

Set/Reset Deadlines: Responses due by 6/1/2007 (lin, )

May 24, 2007

May 24, 2007

PACER
69

NOTICE of Filing by ALL PLAINTIFFS (Day, Charles) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

PACER
70

Memorandum in opposition to re 63 MOTION for Joinder or in the Alternative, to Intervene, 64 MOTION for Joinder To Reinstate Former Plaintiff Steven C. Szymanski, 65 MOTION to Intervene filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Jaffe, William) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

PACER
71

MOTION to Withdraw as Attorney for 714 Plaintiffs by ALL PLAINTIFFS (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3 (Notice to Plaintiffs)# 4 Text of Proposed Order)(Gebhardt, Joseph) (Entered: 06/08/2007)

1 Exhibit 1

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2 Exhibit 2

View on RECAP

3 Exhibit 3 (Notice to Plaintiffs)

View on RECAP

4 Text of Proposed Order

View on PACER

June 8, 2007

June 8, 2007

RECAP
72

REPLY to opposition to motion re 63 MOTION for Joinder or in the Alternative, to Intervene, 64 MOTION for Joinder To Reinstate Former Plaintiff Steven C. Szymanski filed by ALL PLAINTIFFS. (Gebhardt, Joseph) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

PACER
73

NOTICE of Service by ALL PLAINTIFFS (Attachments: # 1 Exhibit 1)(Gebhardt, Joseph) (Entered: 06/13/2007)

1 Exhibit 1

View on RECAP

June 13, 2007

June 13, 2007

RECAP
74

Consent MOTION for Protective Order by ALL PLAINTIFFS (Attachments: # 1 Protective Order# 2 Acknowledgment Form)(Gebhardt, Joseph) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

PACER
75

NOTICE of Service Regarding Discovery by ALL PLAINTIFFS (Day, Charles) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

PACER
76

Consent MOTION to Withdraw Plaintiff Paul E. Cording by ALL PLAINTIFFS (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(Dann, Mark) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
77

Memorandum in opposition to re 71 MOTION to Withdraw as Attorney for 714 Plaintiffs filed by NORMAN Y. MINETA, MARION C. BLAKEY. (Attachments: # 1 Exhibit Def. Ex. 1: Gebhardt Privilege Claim)(Kennedy, Brian) (Entered: 06/22/2007)

1 Exhibit Def. Ex. 1: Gebhardt Privilege Claim

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June 22, 2007

June 22, 2007

RECAP
78

MOTION to Bifurcate by NORMAN Y. MINETA, MARION C. BLAKEY (Attachments: # 1 Exhibit Def. Ex. 1 -- Gebhardt Privilege Claim# 2 Text of Proposed Order)(Kennedy, Brian) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
79

NOTICE of withdraw as plaintiff by KEVIN R. LARKIN. (jf, ). (Entered: 06/25/2007)

June 22, 2007

June 22, 2007

PACER
80

Consent MOTION for Extension of Time to File Response/Reply as to 71 MOTION to Withdraw as Attorney for 714 Plaintiffs by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Day, Charles) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

PACER

MINUTE ORDER: It is hereby ORDERED that plaintiffs' consent motion 80 for extension of time to file a reply re their motion 71 to Withdraw as Attorney for 714 Plaintiffs be, and hereby is, GRANTED. Reply is due by 7/6/2007. Issued by Judge Richard W. Roberts on 6/29/2007. (EHS)

June 29, 2007

June 29, 2007

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class comprised of flight service air traffic control specialists who are 40 years old or older and are currently or formerly employed at the Federal Aviation Administration of the Department of Transportation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal Aviation Administration, Federal

United States Department of Transportation, Federal

Defendant Type(s):

Transportation

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: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

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

Pay / Benefits

Discrimination-basis:

Age discrimination