Case: Aliotta v. Gruenberg

1:05-cv-02325 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 5, 2005

Closed Date: 2009

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Case Summary

On December 5, 2005, several former and current employees of the Federal Deposit Insurance Corporation's Division of Resolutions and Receiverships filed a lawsuit under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq., against the agency in the United States District Court for the District of Columbia. The plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, monetary damages, and compensation for litigation costs, alleging that the agency had illegally discriminated against them on the basis of age. Specifically, the plaintiffs alleged that, through the defendant's design and implementation of its Reduction in Force (RIF) in 2005, their employment was either terminated or else reduced in grade because of their age.

The FDIC is a U.S. government agency responsible for insuring money deposits at banks and savings associations. In the 1980s and 1990s, the FDIC was handling the fallout from failed financial institutions during the savings and loan crisis. As the banking crisis eased, so too did the FDIC's workload, and this spurred the 2005 RIF. Aliotta v. Gruenberg, 237 F.R.D. 7-8 (D.D.C. 2006). The defendant offered a buyout to division employees not eligible for full retirement. Aliotta v. Gruenberg, 237 F.R.D. 8 (D.D.C. 2006). The plaintiffs who did not accept the buyout were placed on a re-employment priority list, but the defendant allegedly filled the spots with younger and less senior employees who had no better qualifications. The remaining plaintiffs took a demotion in a different division to avoid being laid off. Aliotta v. Gruenberg, 237 F.R.D. 8 (D.D.C. 2006).

On October 31, 2005, the plaintiffs' attorney sent a letter to the Equal Employment Opportunity Commission (EEOC) notifying it that a group of plaintiffs intended to file suit against the FDIC pursuant to the ADEA. Aliotta v. Gruenberg, 237 F.R.D. 8 (D.D.C. 2006). While the defendant argued that the plaintiffs did not notify the EEOC that this would be a class action, the Court (Judge Ricardo M. Urbina) stated that an explicit mention was not necessary. Aliotta v. Gruenberg, 237 F.R.D. 9 (D.D.C. 2006). Thus, on July 25, 2006, the Court granted plaintiffs' motion for class certification. The class consisted of former or current employees of the FDIC's DRR who were born on or before September 30, 1955 and who, as a result of the 2005 RIF, either accepted a buyout or reduction in grade or else were terminated from their positions in the DRR. Aliotta v. Gruenberg, 237 F.R.D. 13 (D.D.C. 2006).

The parties filed cross-motions for summary judgment, and on September 18, 2008, the Court issued an opinion granting the defendant's motion for summary judgment. Aliotta v. Bair, 576 F.Supp.2d 113 (D.D.C. 2008). The court held that plaintiffs failed to demonstrate (1) that the buyouts or transfers were involuntary and (2) that the 2005 RIF, when considered independently, had a discriminatory effect on older employees. Aliotta v. Bair, 576 F.Supp.2d 113 (D.D.C. 2008).

The plaintiffs appealed the district court's decision, but on August 13, 2010, the United States Court of Appeals for the District of Columbia affirmed the district court's decision. Aliotta v. Bair, 2010 WL 3190828 (D.C. Cir. 2010). The case is now closed.

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Summary Authors

Jordan Rossen (9/11/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4203546/parties/aliotta-v-gruenberg/

Judge(s)

Brown, Janice Rogers (District of Columbia)

Attorney for Plaintiff

, (District of Columbia)

ANDERSON, ROBERT (District of Columbia)

Attorney for Defendant

Borum, Marian L. (District of Columbia)

Caldwell, Joe Robert (District of Columbia)

Judge(s)

Brown, Janice Rogers (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Urbina, Ricardo M. (District of Columbia)

Attorney for Plaintiff

, (District of Columbia)

ANDERSON, ROBERT (District of Columbia)

HAUF, ADAM E. (District of Columbia)

Hilliard, Robert C. (District of Columbia)

Marcus, Terri N. (District of Columbia)

Rose, David L. (District of Columbia)

Rubinstein, Yuval (District of Columbia)

SHOFFEL, AMANDA C (District of Columbia)

Attorney for Defendant

Borum, Marian L. (District of Columbia)

Caldwell, Joe Robert (District of Columbia)

George, Victor E. (District of Columbia)

Graham-Oliver, Heather D. (District of Columbia)

Jones, William S. (Virginia)

Kurtenbach, Daniel Harold (District of Columbia)

Lamoreaux, Tina A. (District of Columbia)

Sarisky, Thomas James (District of Columbia)

Sobiecki, Richard P. (District of Columbia)

URGENT, ALLAN B.K. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:05-cv-02325	Docket	July 7, 2009	July 7, 2009 Docket
5 1:05-cv-02325	Amended Complaint	Feb. 8, 2006	Feb. 8, 2006 Complaint
7 1:05-cv-02325	Defendant's Answer and Affirmative Defenses	March 15, 2006	March 15, 2006 Pleading / Motion / Brief
19 1:05-cv-02325	Memorandum Opinion (Granting Plaintiffs' Motion For Class Certification)	July 25, 2006	July 25, 2006 Order/Opinion 237 F.R.D. 4
44-1 1:05-cv-02325	Plaintiffs' Memorandum In Support of Its Motion for Partial Summary Judgment On Liability Aliotta v. Bair	Feb. 25, 2008	Feb. 25, 2008 Pleading / Motion / Brief
43 1:05-cv-02325	Memorandum In Support Of Defendant's Motion for Summary Judgment Aliotta v. Bair	Feb. 25, 2008	Feb. 25, 2008 Pleading / Motion / Brief 2008 WL 2777692
46 1:05-cv-02325	Defendant's Memorandum in Opposition to Plaintiffs' Motion for Partial Summary Judgment On the Question of Liability Aliotta v. Bair	March 7, 2008	March 7, 2008 Pleading / Motion / Brief 2008 WL 2777694
47 1:05-cv-02325	Plaintiffs' Memorandum In Opposition to Defendant's Motion for Summary Judgment Aliotta v. Bair	March 10, 2008	March 10, 2008 Pleading / Motion / Brief 2008 WL 2777695
63 1:05-cv-02325	Memorandum Opinion (Granting the Defendant's Motion for Summary Judgment; Denying the Plaintiffs' Motion for Partial Summary Judgment) Aliotta v. Bair	Sept. 18, 2008	Sept. 18, 2008 Order/Opinion 576 F.Supp.2d 113
71 1:05-cv-02325	Memorandum Opinion (Denying Plaintiffs' Motion to Alter or Amend Judgment) Aliotta v. Bair	June 10, 2009	June 10, 2009 Order/Opinion 623 F.Supp.2d 73

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4203546/aliotta-v-gruenberg/

Last updated April 6, 2025, 1:38 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against MARTIN J. GRUENBERG (Filing fee $ 250) filed by YVONNE CAIN, PRISCILLA CATAPAT, EVELYN CLAUDE, SYLVIA CLINE, MARY L. DUPREE-ELLIS, WYMAN ELROD, PATRICIA EVERETT, LARRY GLAZENER, DENNIS HAROOTUNIAN, MARY KEBBEH, DENNIS KELLER, PEARL LINDSEY, FAYE MORITZ, BERNICE PARKER, PAULA PATTERSON, PATRICK J. SHUTE, BARBARA ALIOTTA, ROBERT ANDERSON, JEANNIE AVERY.(jf, ) (Entered: 12/06/2005)	Dec. 5, 2005	Dec. 5, 2005 RECAP
2	NOTICE OF RELATED CASE by all plaintiffs. Case related to Case No. 05-549. (jf, ) (Entered: 12/06/2005)	Dec. 5, 2005	Dec. 5, 2005 RECAP
3	MOTION for Extension of Time to File Answer re 1 Complaint, by MARTIN J. GRUENBERG. (Attachments: # 1 Text of Proposed Order)(nmw, ) (Entered: 02/08/2006) 1 Text of Proposed Order View on RECAP	Feb. 8, 2006	Feb. 8, 2006 RECAP
4	ENTERED IN ERROR..... MOTION to Amend/Correct Complaint by BARBARA ALIOTTA. (Rose, David) Modified on 2/9/2006 (nmw, ). (Entered: 02/08/2006)	Feb. 8, 2006	Feb. 8, 2006 RECAP
5	AMENDED COMPLAINT against MARTIN J. GRUENBERGfiled by YVONNE CAIN, PRISCILLA CATAPAT, EVELYN CLAUDE, SYLVIA CLINE, MARY L. DUPREE-ELLIS, WYMAN ELROD, PATRICIA EVERETT, LARRY GLAZENER, DENNIS HAROOTUNIAN, MARY KEBBEH, DENNIS KELLER, PEARL LINDSEY, FAYE MORITZ, BERNICE PARKER, PAULA PATTERSON, PATRICK J. SHUTE, BARBARA ALIOTTA, ROBERT ANDERSON, JEANNIE AVERY.(nmw, ) (Entered: 02/09/2006)	Feb. 9, 2006	Feb. 9, 2006 Clearinghouse
6	Unopposed MOTION for Extension of Time to File Motion for Class Certification by BARBARA ALIOTTA. (Attachments: # 1 Order)(Marcus, Terri) (Entered: 03/01/2006) 1 Order View on RECAP	March 1, 2006	March 1, 2006 RECAP
7	Defendant's ANSWER to Amended Complaint, ANSWER to Complaint by MARTIN J. GRUENBERG.(Jones, William) (Entered: 03/15/2006)	March 15, 2006	March 15, 2006 Clearinghouse
8	STANDING ORDER Signed by Judge Ricardo M. Urbina on March 15, 2006. (jwd) (Entered: 03/15/2006)	March 15, 2006	March 15, 2006 RECAP
9	MOTION to Certify Class Memorandum of Points and Declarations in Support Thereof by BARBARA ALIOTTA. (Attachments: # 1(This attachment is unavailable due to privacy requirement) # 2 Text of Proposed Order)(Marcus, Terri) Modified on 4/21/2006 (jeb, ). (Entered: 04/21/2006) 1 Restricted View on PACER 2 Text of Proposed Order View on RECAP	April 21, 2006	April 21, 2006 RECAP
10	ADDITIONAL ATTACHMENT EXHIBIT A REVISED by BARBARA ALIOTTA 9 MOTION to Certify Class Memorandum of Points and Declarations in Support Thereof filed by BARBARA ALIOTTA,. (Marcus, Terri) (Entered: 04/24/2006)	April 24, 2006	April 24, 2006 RECAP
11	Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Certify Class Memorandum of Points and Declarations in Support Thereof by MARTIN J. GRUENBERG. (Attachments: # 1 Text of Proposed Order)(Jones, William) (Entered: 04/26/2006) 1 Text of Proposed Order View on RECAP	April 26, 2006	April 26, 2006 RECAP
12	Consent MOTION for Extension of Time to Reply to Defendant's Opposition to Motion for Class Certification and Memorandum of Points and Authorities in Support Thereof by BARBARA ALIOTTA. (Attachments: # 1 Text of Proposed Order)(Marcus, Terri) (Entered: 05/22/2006) 1 Text of Proposed Order View on RECAP	May 22, 2006	May 22, 2006 RECAP
13	Memorandum in opposition to re 9 MOTION to Certify Class Memorandum of Points and Declarations in Support Thereof filed by MARTIN J. GRUENBERG. (Attachments: # 1 Exhibit EXHIBIT 1# 2 Exhibit EXHIBIT 2# 3 Affidavit EXHIBIT 3 - CROSSER DECLARATION (INC. EX. 3-1 THROUGH 3-3)# 4 Exhibit EXHIBIT 4# 5 Exhibit EXHIBIT 5# 6 Exhibit EXHIBIT 6# 7 Exhibit EXHIBIT 7# 8 Exhibit EXHIBIT 8# 9 Exhibit EXHIBIT 9# 10 Exhibit EXHIBIT 10 (10-1 THROUGH 10-10)# 11 Exhibit EXHIBIT 11# 12 Exhibit EXHIBIT 12 (INC. EX. 12-1 THROUGH 12-3)# 13 Exhibit EXHIBIT 13)(Jones, William) (Entered: 05/25/2006) 1 Exhibit EXHIBIT 1 View on RECAP 2 Exhibit EXHIBIT 2 View on RECAP 3 Affidavit EXHIBIT 3 - CROSSER DECLARATION (INC. EX. 3-1 THROUGH 3-3) View on RECAP 4 Exhibit EXHIBIT 4 View on RECAP 5 Exhibit EXHIBIT 5 View on RECAP 6 Exhibit EXHIBIT 6 View on RECAP 7 Exhibit EXHIBIT 7 View on RECAP 8 Exhibit EXHIBIT 8 View on RECAP 9 Exhibit EXHIBIT 9 View on RECAP 10 Exhibit EXHIBIT 10 (10-1 THROUGH 10-10) View on RECAP 11 Exhibit EXHIBIT 11 View on RECAP 12 Exhibit EXHIBIT 12 (INC. EX. 12-1 THROUGH 12-3) View on RECAP 13 Exhibit EXHIBIT 13 View on RECAP	May 25, 2006	May 25, 2006 RECAP
14	Consent MOTION for Leave to File Attached Supplemental Memorandum of Points and Exhibits by MARTIN J. GRUENBERG. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Jones, William) (Entered: 06/08/2006) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	June 8, 2006	June 8, 2006 RECAP
15	SUPPLEMENTAL MEMORANDUM in support of re 13 Memorandum in opposition to re 9 MOTION to Certify Class filed by MARTIN J. GRUENBERG. (Attachments: # 1 Exhibit A# 2 Exhibit B)(jf, ) (Entered: 06/13/2006) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	June 9, 2006	June 9, 2006 RECAP
16	ENTERED IN ERROR.....REPLY to opposition to motion re 9 MOTION to Certify Class Memorandum of Points and Declarations in Support Thereof filed by BARBARA ALIOTTA. (Attachments: # 1 Exhibit A# 2 Exhibit B1-12# 3 Exhibit B13-23)(Marcus, Terri) Modified on 6/16/2006 (nmw, ). (Entered: 06/15/2006) 1 Exhibit A View on RECAP 2 Exhibit B1-12 View on RECAP 3 Exhibit B13-23 View on RECAP	June 15, 2006	June 15, 2006 RECAP
17	REPLY to opposition to motion re 9 MOTION to Certify Class Memorandum of Points and Declarations in Support Thereof filed by BARBARA ALIOTTA. (Attachments: # 1 Exhibit A# 2 Exhibit B1-12# 3 Exhibit B13-23)(Marcus, Terri) (Entered: 06/15/2006) 1 Exhibit A View on RECAP 2 Exhibit B1-12 View on RECAP 3 Exhibit B13-23 View on RECAP	June 15, 2006	June 15, 2006 RECAP
18	ORDER granting 9 Motion to Certify Class. Signed by Judge Ricardo M. Urbina on 7/25/06. (djr) (Entered: 07/25/2006)	July 25, 2006	July 25, 2006 RECAP
19	MEMORANDUM AND OPINION. Signed by Judge Ricardo M. Urbina on 7/25/06. (djr) (Entered: 07/25/2006)	July 25, 2006	July 25, 2006 Clearinghouse
20	Consent MOTION for Joinder David L. Noffsinger to Lawsuit by BARBARA ALIOTTA. (Rose, David) (Entered: 08/08/2006)	Aug. 8, 2006	Aug. 8, 2006 RECAP
21	NOTICE TO CLASS MEMBERS by MARTIN J. GRUENBERG re 19 Memorandum & Opinion (Attachments: # 1)(Jones, William) (Entered: 08/23/2006) 1 Restricted View on RECAP	Aug. 23, 2006	Aug. 23, 2006 RECAP
22	ORDER approving the form and plan for notice to class members. Signed by Judge Ricardo M. Urbina on 8/23/06. (djr) (Entered: 08/23/2006)	Aug. 23, 2006	Aug. 23, 2006 RECAP
23	NOTICE to the Court by DONALD W. ALLEN. (fiat) JUDGE RICARDO M. URBINA (jf, ) (Entered: 09/15/2006)	Sept. 14, 2006	Sept. 14, 2006 RECAP
24	STIPULATION Protective Order by BARBARA ALIOTTA. (Rose, David) (Entered: 09/15/2006)	Sept. 15, 2006	Sept. 15, 2006 RECAP
25	NOTICE of CORNELIUS J. AHERN requesting to be excluded from the class action suit brought agains the FDIC ADEA. FIAT "Let this be filed" Judge Urbina. (tg, ) (Entered: 10/06/2006)	Oct. 3, 2006	Oct. 3, 2006 RECAP
26	NOTICE of James A. Meyer requesting to be excluded from the class action suit brought agains the FDIC ADEA; re 18 Order on Motion to Certify Class (jf, ) (Entered: 10/17/2006)	Oct. 13, 2006	Oct. 13, 2006 RECAP
27	NOTICE of Glenda M. Wing requesting to be excluded from the class action suit brought agains the FDIC ADEA; re 18 Order on Motion to Certify Class (jf, ) (Entered: 10/30/2006)	Oct. 26, 2006	Oct. 26, 2006 RECAP
28	NOTICE of Tom W. Moran requesting to be excluded from the class action suit brought agains the FDIC ADEA; re 18 Order on Motion to Certify Class (jf, ) (Entered: 11/08/2006)	Nov. 6, 2006	Nov. 6, 2006 RECAP
29	NOTICE of Michael J. Lauer requesting to be excluded from the class action suit brought agains the FDIC ADEA; re 18 Order on Motion to Certify Class. (fiat) JUDGE RICARDO M. URBINA (jf, ) (Entered: 11/09/2006)	Nov. 9, 2006	Nov. 9, 2006 RECAP
30	NOTICE To Schedule Initial Status Conference by BARBARA ALIOTTA (Rose, David) (Entered: 01/11/2007)	Jan. 11, 2007	Jan. 11, 2007 RECAP
31	MEET AND CONFER STATEMENT. (Jones, William) (Entered: 02/01/2007)	Feb. 1, 2007	Feb. 1, 2007 RECAP
32	MINUTE ORDER setting the following schedule. Initial disclosures are due by February 16 2007. The plaintiffs' experts' reports are due by May 31, 2007, and the defendants' experts' reports are due by June 29, 2007. Discovery will close on July 31, 2007, and dispositive motions are due by August 31, 2007. The court will set a pretrial conference date and trial date at a later time. signed by Judge Ricardo M. Urbina on 2/1/07. (djr) (Entered: 02/01/2007)	Feb. 1, 2007	Feb. 1, 2007 PACER
33	Consent MOTION for Extension of Time to Complete Discovery by BARBARA ALIOTTA (Attachments: # 1 Exhibit)(Rose, David) (Entered: 06/26/2007) 1 Exhibit View on RECAP	June 26, 2007	June 26, 2007 RECAP
34	Consent MOTION for Joinder Lawsuit by BARBARA ALIOTTA (Rose, David) (Entered: 07/11/2007)	July 11, 2007	July 11, 2007 RECAP
35	Joint MOTION to Bifurcate and Defer Damages Expert Reports by MARTIN J. GRUENBERG (Attachments: # 1 Exhibit Pending Document Requests)(Jones, William) (Entered: 08/10/2007) 1 Exhibit Pending Document Requests View on RECAP	Aug. 10, 2007	Aug. 10, 2007 RECAP
36	ORDER granting 35 Motion to Bifurication of Trial and The Service of Expert Report Damage Signed by Judge Ricardo M. Urbina on August 13, 2007. (jwd) (Entered: 08/13/2007)	Aug. 13, 2007	Aug. 13, 2007 RECAP
37	Joint MOTION for Extension of Time to Complete Discovery and File Dispositive Motions by MARTIN J. GRUENBERG, BARBARA ALIOTTA (Attachments: # 1 Exhibit Pending discovery requests)(Jones, William) (Entered: 09/24/2007) 1 Exhibit Pending discovery requests View on RECAP	Sept. 24, 2007	Sept. 24, 2007 RECAP
38	ORDER signed by Judge Ricardo M. Urbina on September 26, 2007 granting 37 Motion for Extension of Time to Complete and File Dispositive Motions. Discovery will close on 10/26/2007 and Dispositive Motions will be due by 11/23/2007. (jwd) (Entered: 09/26/2007)	Sept. 26, 2007	Sept. 26, 2007 RECAP
39	MOTION to Compel Discovery and to Strike Plaintiffs' Expert Report by MARTIN J. GRUENBERG (Attachments: # 1 Text of Proposed Order)(Jones, William) (Entered: 10/19/2007) 1 Text of Proposed Order View on RECAP	Oct. 19, 2007	Oct. 19, 2007 RECAP
40	MOTION to Strike Plaintiffs' Expert Report by MARTIN J. GRUENBERG. (See Docket Entry 39 to view document). (nmw, ) (Entered: 10/22/2007)	Oct. 19, 2007	Oct. 19, 2007 PACER
41	Joint MOTION for Extension of Time to Complete Discovery and Dispositive Motions by MARTIN J. GRUENBERG (Attachments: # 1 Text of Proposed Order)(Jones, William) (Entered: 11/21/2007) 1 Text of Proposed Order View on RECAP	Nov. 21, 2007	Nov. 21, 2007 RECAP
42	NOTICE of Appearance by David Louis Rose on behalf of BARBARA ALIOTTA (Rose, David) (Entered: 01/22/2008)	Jan. 22, 2008	Jan. 22, 2008 RECAP
43	MOTION for Summary Judgment and Memorandum in Support Thereof by MARTIN J. GRUENBERG (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit Nos. 1-10, # 4 Exhibit Nos. 11-22, # 5 Exhibit No. 23, # 6 Exhibit Nos. 24, 24-1, 24-2, 24-3, # 7 Exhibit No. 25, # 8 Exhibit No. 26, # 9 Exhibit Nos. 27, 27-1, # 10 Exhibit Nos. 28, 28-1, 28-2, # 11 Exhibit No. 29, # 12 Exhibit No. 30, # 13 Exhibit No. 31, # 14 Exhibit No. 32, # 15 Exhibit No. 33, # 16 Exhibit No. 34, # 17 Exhibit No. 35)(Jones, William) (Entered: 02/25/2008) 1 Statement of Facts View on RECAP 2 Text of Proposed Order View on RECAP 3 Exhibit Nos. 1-10 View on RECAP 4 Exhibit Nos. 11-22 View on RECAP 5 Exhibit No. 23 View on RECAP 6 Exhibit Nos. 24, 24-1, 24-2, 24-3 View on RECAP 7 Exhibit No. 25 View on RECAP 8 Exhibit No. 26 View on RECAP 9 Exhibit Nos. 27, 27-1 View on RECAP 10 Exhibit Nos. 28, 28-1, 28-2 View on RECAP 11 Exhibit No. 29 View on RECAP 12 Exhibit No. 30 View on RECAP 13 Exhibit No. 31 View on RECAP 14 Exhibit No. 32 View on RECAP 15 Exhibit No. 33 View on RECAP 16 Exhibit No. 34 View on RECAP 17 Exhibit No. 35 View on RECAP	Feb. 25, 2008	Feb. 25, 2008 Clearinghouse
44	MOTION for Partial Summary Judgment on Liability by BARBARA ALIOTTA (Attachments: # 1 Memorandum In Support, # 2 Undisputed Facts, # 3 Text of Proposed Order Order, # 4 Exhibit Seberhagen Report 012808)(Rose, David) (Entered: 02/25/2008) 1 Memorandum In Support View on Clearinghouse 2 Undisputed Facts View on RECAP 3 Text of Proposed Order Order View on RECAP 4 Exhibit Seberhagen Report 012808 View on RECAP	Feb. 25, 2008	Feb. 25, 2008 RECAP
45	ERRATA Supplemental Filing of Exhibit 27-1 by MARTIN J. GRUENBERG 43 MOTION for Summary Judgment and Memorandum in Support Thereof filed by MARTIN J. GRUENBERG. (Attachments: # 1 Exhibit No. 27-1)(Jones, William) (Entered: 02/26/2008) 1 Exhibit No. 27-1 View on RECAP	Feb. 26, 2008	Feb. 26, 2008 RECAP
46	Memorandum in opposition to re 44 MOTION for Partial Summary Judgment on Liability filed by MARTIN J. GRUENBERG. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit No. 36, # 4 Exhibit No. 37, # 5 Exhibit No. 38, # 6 Exhibit No. 39, # 7 Exhibit No. 40)(Jones, William) (Entered: 03/07/2008) 1 Statement of Facts Response to Statement of Facts View on RECAP 2 Text of Proposed Order View on RECAP 3 Exhibit No. 36 View on RECAP 4 Exhibit No. 37 View on RECAP 5 Exhibit No. 38 View on RECAP 6 Exhibit No. 39 View on RECAP 7 Exhibit No. 40 View on RECAP	March 7, 2008	March 7, 2008 Clearinghouse
47	Memorandum in opposition to re 43 MOTION for Summary Judgment and Memorandum in Support Thereof filed by YVONNE CAIN, PRISCILLA CATAPAT, DAVID L. NOFFSINGER, EVELYN CLAUDE, SYLVIA CLINE, MARY L. DUPREE-ELLIS, WYMAN ELROD, PATRICIA EVERETT, LARRY GLAZENER, DENNIS HAROOTUNIAN, MARY KEBBEH, DENNIS KELLER, PEARL LINDSEY, FAYE MORITZ, BERNICE PARKER, PAULA PATTERSON, PATRICK J. SHUTE, BARBARA ALIOTTA, ROBERT ANDERSON, JEANNIE AVERY. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1 - Seberhagen Signed Final Report, # 3 Exhibit 2 - Board Minutes August 8, 1995, # 4 Exhibit 3 - American Banker Article, Nov. 10, 1995, # 5 Exhibit 4 - Board Minutes, Sept. 26, 1995, # 6 Exhibit 5 - FDIC Board Memo, Sept. 25, 1995, # 7 Exhibit 6 - Board Minutes, Sept. 5, 1995, # 8 Exhibit 7 - Declaration of Joy Crosser, # 9 Exhibit 8 - Declaration of Carole Mann, # 10 Exhibit 9 - Letter to Stakeholders, # 11 Exhibit 10 - Powell Deposition, # 12 Exhibit 11 - Mergen Deposition, # 13 Exhibit 12 - DOE Stats on College Age, # 14 Exhibit 13 - Corporate University 2005 New Hires)(Rose, David) (Entered: 03/10/2008) 1 Exhibit Index of Exhibits View on RECAP 2 Exhibit 1 - Seberhagen Signed Final Report View on RECAP 3 Exhibit 2 - Board Minutes August 8, 1995 View on RECAP 4 Exhibit 3 - American Banker Article, Nov. 10, 1995 View on RECAP 5 Exhibit 4 - Board Minutes, Sept. 26, 1995 View on RECAP 6 Exhibit 5 - FDIC Board Memo, Sept. 25, 1995 View on RECAP 7 Exhibit 6 - Board Minutes, Sept. 5, 1995 View on RECAP 8 Exhibit 7 - Declaration of Joy Crosser View on RECAP 9 Exhibit 8 - Declaration of Carole Mann View on RECAP 10 Exhibit 9 - Letter to Stakeholders View on RECAP 11 Exhibit 10 - Powell Deposition View on RECAP 12 Exhibit 11 - Mergen Deposition View on RECAP 13 Exhibit 12 - DOE Stats on College Age View on RECAP 14 Exhibit 13 - Corporate University 2005 New Hires View on RECAP	March 10, 2008	March 10, 2008 Clearinghouse
48	Joint MOTION for Extension of Time to File Response/Reply Briefs for Plaintiffs and Defendant by MARTIN J. GRUENBERG (Attachments: # 1 Text of Proposed Order)(Jones, William) (Entered: 03/13/2008) 1 Text of Proposed Order View on RECAP	March 13, 2008	March 13, 2008 RECAP
49	REPLY to opposition to motion re 48 Joint MOTION for Extension of Time to File Response/Reply Briefs for Plaintiffs and Defendant, 44 MOTION for Partial Summary Judgment on Liability filed by YVONNE CAIN, PRISCILLA CATAPAT, DAVID L. NOFFSINGER, EVELYN CLAUDE, SYLVIA CLINE, BRUCE BROWN, MARY L. DUPREE-ELLIS, WYMAN ELROD, PATRICIA EVERETT, LARRY GLAZENER, DENNIS HAROOTUNIAN, MARY KEBBEH, DENNIS KELLER, PEARL LINDSEY, FAYE MORITZ, BERNICE PARKER, PAULA PATTERSON, PATRICK J. SHUTE, BARBARA ALIOTTA, ROBERT ANDERSON, JEANNIE AVERY. (Attachments: # 1 Exhibit Ex 14, # 2 Ex 15, # 3 Ex 16, # 4 Ex 17, # 5 Ex 18, # 6 Ex 19, # 7 Ex 20, # 8 Exhibit Ex 22a, # 9 Exhibit Ex 22b, # 10 Exhibit Ex 23, # 11 Exhibit Ex 24, # 12 Exhibit Ex 25, # 13 Exhibit Ex 26, # 14 Exhibit Ex 27, # 15 Exhibit, # 16 Declaration Ex 21)(Rose, David) (Entered: 03/24/2008) 1 Exhibit Ex 14 View on RECAP 2 Ex 15 View on RECAP 3 Ex 16 View on RECAP 4 Ex 17 View on RECAP 5 Ex 18 View on RECAP 6 Ex 19 View on RECAP 7 Ex 20 View on RECAP 8 Exhibit Ex 22a View on RECAP 9 Exhibit Ex 22b View on RECAP 10 Exhibit Ex 23 View on RECAP 11 Exhibit Ex 24 View on RECAP 12 Exhibit Ex 25 View on RECAP 13 Exhibit Ex 26 View on RECAP 14 Exhibit Ex 27 View on RECAP 15 Exhibit View on RECAP 16 Declaration Ex 21 View on RECAP	March 24, 2008	March 24, 2008 RECAP
50	SUPPLEMENTAL MEMORANDUM to re 44 MOTION for Partial Summary Judgment on Liability As Corrected filed by BARBARA ALIOTTA. (Attachments: # 1 Errata, # 2 Exhibit Corrected List, # 3 Exhibit Declaration G Haag)(Rose, David) (Entered: 03/26/2008) 1 Errata View on RECAP 2 Exhibit Corrected List View on RECAP 3 Exhibit Declaration G Haag View on RECAP	March 26, 2008	March 26, 2008 RECAP
51	REPLY to opposition to motion re 43 MOTION for Summary Judgment and Memorandum in Support Thereof filed by MARTIN J. GRUENBERG. (Attachments: # 1 Exhibit 41, # 2 Exhibit 42, # 3 Exhibit 43)(Jones, William) (Entered: 03/27/2008) 1 Exhibit 41 View on RECAP 2 Exhibit 42 View on RECAP 3 Exhibit 43 View on RECAP	March 27, 2008	March 27, 2008 RECAP
52	NOTICE of Amended Filings by MARTIN J. GRUENBERG re 46 Memorandum in Opposition, (Attachments: # 1 Amendment to FDIC's Response to Plaintiffs' Statement of Undisputed Facts, # 2 Amendment to Second Bodian Declaration)(Jones, William) (Entered: 05/05/2008) 1 Amendment to FDIC's Response to Plaintiffs' Statement of Undisputed F View on RECAP 2 Amendment to Second Bodian Declaration View on RECAP	May 5, 2008	May 5, 2008 RECAP
53	Memorandum in opposition to re 43 MOTION for Summary Judgment and Memorandum in Support Thereof and Concerns the Declarations of Dr. Bodian filed by BARBARA ALIOTTA. (Attachments: # 1 Declaration Seberhagen)(Rose, David) (Entered: 05/20/2008) 1 Declaration Seberhagen View on RECAP	May 20, 2008	May 20, 2008 RECAP
54	MEMORANDUM re 53 Memorandum in Opposition filed by BARBARA ALIOTTA by MARTIN J. GRUENBERG. (Jones, William) (Entered: 06/03/2008)	June 3, 2008	June 3, 2008 RECAP
55	NOTICE OF RECENT SUPREME COURT DECISIONS by YVONNE CAIN, PRISCILLA CATAPAT, DAVID L. NOFFSINGER, EVELYN CLAUDE, SYLVIA CLINE, BRUCE BROWN, MARY L. DUPREE-ELLIS, WYMAN ELROD, PATRICIA EVERETT, LARRY GLAZENER, DENNIS HAROOTUNIAN, MARY KEBBEH, DENNIS KELLER, PEARL LINDSEY, FAYE MORITZ, BERNICE PARKER, PAULA PATTERSON, PATRICK J. SHUTE, MARTIN J. GRUENBERG, BARBARA ALIOTTA, ROBERT ANDERSON, JEANNIE AVERY (Rose, David) (Entered: 07/08/2008)	July 8, 2008	July 8, 2008 RECAP
56	MEMORANDUM re 55 Notice (Other), Notice (Other) filed by EVELYN CLAUDE, ROBERT ANDERSON, JEANNIE AVERY, BERNICE PARKER, MARY KEBBEH, PRISCILLA CATAPAT, DENNIS HAROOTUNIAN, PATRICK J. SHUTE, BARBARA ALIOTTA, PATRICIA EVERETT, BRUCE BROWN, FAYE MORITZ, YVONNE CAIN, SYLVIA CLINE, DAVID L. NOFFSINGER, MARY L. DUPREE-ELLIS, WYMAN ELROD, LARRY GLAZENER, MARTIN J. GRUENBERG, PAULA PATTERSON, DENNIS KELLER, PEARL LINDSEY by MARTIN J. GRUENBERG. (Attachments: # 1 Slip Opinion)(Jones, William) (Entered: 07/17/2008) 1 Slip Opinion View on RECAP	July 17, 2008	July 17, 2008 RECAP
57	REPLY re 56 to Defendant's Memorandum in Response to Plaintiffs' Notice of Recent Supreme Court Decisions filed by BARBARA ALIOTTA. (Rose, David) Modified link on 7/25/2008 (nmw, ). (Entered: 07/24/2008)	July 24, 2008	July 24, 2008 RECAP
58	Consent MOTION for Leave to File a Sur-Reply by MARTIN J. GRUENBERG (Jones, William) (Entered: 07/25/2008)	July 25, 2008	July 25, 2008 RECAP
59	SURREPLY to re 57 Reply to Document filed by MARTIN J. GRUENBERG. (Jones, William) (Entered: 08/04/2008)	Aug. 4, 2008	Aug. 4, 2008 RECAP
60	REPLY to Defendant's 59 Sur-Reply filed by BARBARA ALIOTTA. (Rose, David) . (Entered: 08/08/2008)	Aug. 8, 2008	Aug. 8, 2008 RECAP
61	NOTICE of Recent Authorities by BARBARA ALIOTTA (Rose, David) (Entered: 08/20/2008)	Aug. 20, 2008	Aug. 20, 2008 RECAP
62	ORDER granting 43 the defendant's Motion for Summary Judgment; denying 44 the plaintiffs' Motion for Partial Summary Judgment. Signed by Judge Ricardo M. Urbina on 09/18/2008. (lcrmu1) (Entered: 09/18/2008)	Sept. 18, 2008	Sept. 18, 2008 PACER
63	MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 09/18/2008. (lcrmu1) (Entered: 09/18/2008)	Sept. 18, 2008	Sept. 18, 2008 Clearinghouse
64	NOTICE of Appearance by Yuval Rubinstein on behalf of all plaintiffs (Rubinstein, Yuval) (Entered: 10/02/2008)	Oct. 2, 2008	Oct. 2, 2008 PACER
65	ENTERED IN ERROR..... MOTION to Alter Judgment as to 63 Memorandum & Opinion by YVONNE CAIN, PRISCILLA CATAPAT, DAVID L. NOFFSINGER, EVELYN CLAUDE, SYLVIA CLINE, BRUCE BROWN, MARY L. DUPREE-ELLIS, WYMAN ELROD, PATRICIA EVERETT, LARRY GLAZENER, DENNIS HAROOTUNIAN, MARY KEBBEH, DENNIS KELLER, PEARL LINDSEY, FAYE MORITZ, BERNICE PARKER, PAULA PATTERSON, PATRICK J. SHUTE, BARBARA ALIOTTA, ROBERT ANDERSON, JEANNIE AVERY (Attachments: # 1 Text of Proposed Order, # 2 Exhibit List, # 3 Exhibit 1 - Declaration of James Cantrell, # 4 Exhibit 2 - Declaration of Joan Fairfield, # 5 Exhibit 3 - Declaration of Nancy Powers Gray, # 6 Exhibit 4 - Declaration of Kathy Haag, # 7 Exhibit 5 - Declaration of Carole Mann, # 8 Exhibit 6 - Declaration of Mark Valentine, # 9 Exhibit 7 - Declaration of Jackson Ware, # 10 Exhibit 8 - Declaration of Nancy Powers Gray)(Rubinstein, Yuval) Modified on 10/3/2008 (nmw, ). (Entered: 10/02/2008)	Oct. 2, 2008	Oct. 2, 2008 PACER
66	MOTION to Alter Judgment as to 63 Memorandum & Opinion As Corrected by BARBARA ALIOTTA (Attachments: # 1 Text of Proposed Order, # 2 Exhibit List, # 3 Exhibit 1 - Declaration of James Cantrell, # 4 Exhibit 2 - Declaration of Joan Fairfield, # 5 Exhibit 3 - Declaration of Nancy Powers Gray, # 6 Exhibit 4 - Declaration of Kathy Haag, # 7 Exhibit 5 - Declaration of Carole Mann, # 8 Exhibit 6 - Declaration of Mark Valentine, # 9 Exhibit Declaration of Jackson Ware, # 10 Exhibit 8 - Declaration of Nancy Powers Gray)(Rubinstein, Yuval) (Entered: 10/03/2008)	Oct. 3, 2008	Oct. 3, 2008 PACER
67	BILL OF COSTS by MARTIN J. GRUENBERG. (Jones, William) (Entered: 10/07/2008)	Oct. 7, 2008	Oct. 7, 2008 PACER
68	Memorandum in opposition to re 66 MOTION to Alter Judgment as to 63 Memorandum & Opinion As Corrected MOTION to Alter Judgment as to 63 Memorandum & Opinion As Corrected MOTION to Alter Judgment as to 63 Memorandum & Opinion As Corrected filed by MARTIN J. GRUENBERG. (Jones, William) (Entered: 10/17/2008)	Oct. 17, 2008	Oct. 17, 2008 PACER
69	REPLY to opposition to motion re 66 MOTION to Alter Judgment as to 63 Memorandum & Opinion As Corrected MOTION to Alter Judgment as to 63 Memorandum & Opinion As Corrected MOTION to Alter Judgment as to 63 Memorandum & Opinion As Corrected filed by BARBARA ALIOTTA. (Rubinstein, Yuval) (Entered: 10/24/2008)	Oct. 24, 2008	Oct. 24, 2008 PACER
70	ORDER denying 66 the plaintiffs' motion to alter or amend judgment. Signed by Judge Ricardo M. Urbina on 06/10/2009. (lcrmu1) (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 PACER
71	MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 06/10/2009. (lcrmu1) (Entered: 06/10/2009)	June 10, 2009	June 10, 2009 Clearinghouse
72	Unopposed MOTION for Entry of Final Judgment by BARBARA ALIOTTA (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order Proposed Final Judgment)(Rubinstein, Yuval) (Entered: 06/17/2009)	June 17, 2009	June 17, 2009 PACER
73	NOTICE OF APPEAL as to 71 Memorandum & Opinion, 63 Memorandum & Opinion, 70 Order on Motion to Alter Judgment, 62 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by BARBARA ALIOTTA. Filing fee $ 455, receipt number 00900000000001890394. Fee Status: Fee Paid. Parties have been notified. (Rubinstein, Yuval) (Entered: 06/29/2009)	June 29, 2009	June 29, 2009 PACER
74	FINAL JUDGMENT. For the reasons set forth in the Order and Memorandum Opinion granting Defendant's Motion for Summary Judgment entered September 18, 2008, the Memorandum Opinion denying Plaintiffs' Motion to Alter or Amend Judgment entered June 10, 2009, and based on the record as a whole, it is hereby ORDERED that final judgment is entered in favor of Federal Deposit Insurance Corporation, and the case is dismissed as to all plaintiffs. Signed by Judge Ricardo M. Urbina on 7/6/2009. (tg, ) (Entered: 07/07/2009)	July 7, 2009	July 7, 2009 RECAP
75	MANDATE of USCA (certified copy) as to 73 Notice of Appeal, filed by BARBARA ALIOTTA ; USCA Case Number 09-5234. ORDERED AND ADJUDGED that the judgment of the District Court appealed from in this cause is hereby affirmed, in accordance with the opinion of the court filed herein this date. (kb) (Entered: 10/22/2010)	Oct. 22, 2010	Oct. 22, 2010 PACER

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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: Dec. 5, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former and current employees of the Federal Deposit Insurance Corporation’s Division of Resolutions and Receiverships who were born on dates ranging from January 10, 1933 through September 30, 1995.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal Deposit Insurance Corporation, Federal

Case Details

Causes of Action:

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

Available Documents: