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.

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

Documents in the Clearinghouse

Documents in this case

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
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
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
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
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
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	Date	Description	Link
	Dec. 5, 2005	Summons (1) Issued as to MARTIN J. GRUENBERG. (jf, ) (Entered: 12/06/2005)	PACER
1	Dec. 5, 2005	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)	RECAP
2	Dec. 5, 2005	NOTICE OF RELATED CASE by all plaintiffs. Case related to Case No. 05-549. (jf, ) (Entered: 12/06/2005)	RECAP
	Dec. 13, 2005	SUMMONS (2) Issued as to, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 12/13/2005)	PACER
3	Feb. 8, 2006	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	RECAP
4	Feb. 8, 2006	ENTERED IN ERROR..... MOTION to Amend/Correct Complaint by BARBARA ALIOTTA. (Rose, David) Modified on 2/9/2006 (nmw, ). (Entered: 02/08/2006)	RECAP
	Feb. 9, 2006	NOTICE OF CORRECTED DOCKET ENTRY: Document No. 4 was entered in error as a motion and will be refiled by the Clerk's Office. (nmw, ) (Entered: 02/09/2006)	PACER
5	Feb. 9, 2006	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)	Clearinghouse
	March 1, 2006	MINUTE ORDER granting 3 Motion for Extension of Time to Answer until March 15, 2006 and granting 6 Motion for Extension of Time to file motion for class certification until April 21, 2006. Signed by Judge Ricardo M. Urbina on 3/1/06. (djr) (Entered: 03/01/2006)	PACER
	March 1, 2006	Set Deadlines/Hearings: Answer due by 3/15/2006. Motion for Class Certification due by 4/21/2006. (jwd) (Entered: 03/01/2006)	PACER
6	March 1, 2006	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	RECAP
7	March 15, 2006	Defendant's ANSWER to Amended Complaint, ANSWER to Complaint by MARTIN J. GRUENBERG.(Jones, William) (Entered: 03/15/2006)	Clearinghouse
8	March 15, 2006	STANDING ORDER Signed by Judge Ricardo M. Urbina on March 15, 2006. (jwd) (Entered: 03/15/2006)	RECAP
9	April 21, 2006	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	RECAP
10	April 24, 2006	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)	RECAP
11	April 26, 2006	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	RECAP
	April 27, 2006	MINUTE ORDER granting 11 Motion for Extension of Time to File Response/Reply. ORDERED that Defendant shall have until May 26, 2006, to answer or otherwise respond to Plaintiffs' Motion for Class Certification. Signed by Judge Ricardo M. Urbina on 4/27/06. (djr) (Entered: 04/27/2006)	PACER
	April 27, 2006	Set Deadlines/Hearings: Answer due by 5/26/2006. (jwd) (Entered: 04/27/2006)	PACER
	May 22, 2006	MINUTE ORDER granting 12 Motion for Extension of Time. The plaintiffs shall have until June 15, 2006 to reply or otherwise respond to the defendant's Response to the plaintiffs' Motion for Class Certification. Signed by Judge Ricardo M. Urbina on 5/22/06. (djr) (Entered: 05/22/2006)	PACER
12	May 22, 2006	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	RECAP
	May 23, 2006	Set Deadlines/Hearings: Plaintiffs shall reply or otherwise respond to the defendant's Response to the plaintiffs' Motion for Class Certification by 6/15/2006. (jwd) Modified on 5/24/2006 (nmw, ). (Entered: 05/23/2006)	PACER
13	May 25, 2006	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	RECAP
14	June 8, 2006	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	RECAP
	June 9, 2006	MINUTE ORDER granting 14 Motion for Leave to File supplemental memorandum. Signed by Judge Ricardo M. Urbina on 6/9/06. (djr) (Entered: 06/09/2006)	PACER
15	June 9, 2006	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	RECAP
16	June 15, 2006	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	RECAP
17	June 15, 2006	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	RECAP
	June 16, 2006	NOTICE OF CORRECTED DOCKET ENTRY: Document No. 16 was entered in error and was refiled by counel as Document No. 17. (nmw, ) (Entered: 06/16/2006)	PACER
18	July 25, 2006	ORDER granting 9 Motion to Certify Class. Signed by Judge Ricardo M. Urbina on 7/25/06. (djr) (Entered: 07/25/2006)	RECAP
19	July 25, 2006	MEMORANDUM AND OPINION. Signed by Judge Ricardo M. Urbina on 7/25/06. (djr) (Entered: 07/25/2006)	Clearinghouse
20	Aug. 8, 2006	Consent MOTION for Joinder David L. Noffsinger to Lawsuit by BARBARA ALIOTTA. (Rose, David) (Entered: 08/08/2006)	RECAP
	Aug. 14, 2006	MINUTE ORDER granting 20 Motion for Joinder of David L. Noffsinger as a plaintiff in this lawsuit. Signed by Judge Ricardo M. Urbina on 8/14/06. (djr) (Entered: 08/14/2006)	PACER
21	Aug. 23, 2006	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	RECAP
22	Aug. 23, 2006	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)	RECAP
23	Sept. 14, 2006	NOTICE to the Court by DONALD W. ALLEN. (fiat) JUDGE RICARDO M. URBINA (jf, ) (Entered: 09/15/2006)	RECAP
24	Sept. 15, 2006	STIPULATION Protective Order by BARBARA ALIOTTA. (Rose, David) (Entered: 09/15/2006)	RECAP
	Sept. 18, 2006	MINUTE ORDER adopting the parties' proposed stipulated protected order 24 and incorporating its terms by reference. Signed by Judge Ricardo M. Urbina on 9/18/06. (djr) (Entered: 09/18/2006)	PACER
25	Oct. 3, 2006	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)	RECAP
26	Oct. 13, 2006	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)	RECAP
27	Oct. 26, 2006	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)	RECAP
28	Nov. 6, 2006	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)	RECAP
29	Nov. 9, 2006	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)	RECAP
	Jan. 11, 2007	MINUTE ORDER re 30 Notice (Other) filed by BARBARA ALIOTTA. The parties are hereby ORDERED to meet and confer within 21 days of this Order as contemplated by Local Civil Rule 16.3(a). The parties are FURTHER ORDERED to file with the court, no later than 7 days following the 16.3 conference, a joint status report as contemplated by Local Civil Rule 16.3(d). Prior to addressing the matters listed in Local Civil Rule 16.3(c), the report should provide a one−paragraph statement of the case that describes the nature of the case, the identities of the parties, and the statutory basis of the court's jurisdiction for all causes of action and defenses. Additionally, the parties shall include a proposed discovery scheduling order for this case. Signed by Judge Ricardo M. Urbina on 1/11/07. (djr) Modified on 1/11/2007 (lcrmu1, ). (Entered: 01/11/2007)	PACER
30	Jan. 11, 2007	NOTICE To Schedule Initial Status Conference by BARBARA ALIOTTA (Rose, David) (Entered: 01/11/2007)	RECAP
	Feb. 1, 2007	Set/Reset Deadlines: Discovery due by 7/31/2007. Dispositive Motions due by 8/31/2007. Defendant Rule 26a2 due by 6/29/2007. (clv, ) (Entered: 02/01/2007)	PACER
31	Feb. 1, 2007	MEET AND CONFER STATEMENT. (Jones, William) (Entered: 02/01/2007)	RECAP
32	Feb. 1, 2007	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)	RECAP
	June 26, 2007	MINUTE ORDER granting 33 Motion for Extension of Time to Complete Discovery. The scheduling order in this case is amended as follows: the plaintiffs expert report(s) due July 16, 2007, the defendants expert report(s) due August 20, 2007, Discovery will close September 28, 2007, Dispositive motions due by October 26, 2007. Signed by Judge Ricardo M. Urbina on 6/26/07. (djr) (Entered: 06/26/2007)	PACER
	June 26, 2007	Set Deadlines/Hearings:the plaintiffs expert report(s) due July 16, 2007, the defendants expert report(s) due August 20, 2007, Discovery will close September 28, 2007, Dispositive motions due by October 26, 2007 (jwd) (Entered: 06/26/2007)	PACER
33	June 26, 2007	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	RECAP
34	July 11, 2007	Consent MOTION for Joinder Lawsuit by BARBARA ALIOTTA (Rose, David) (Entered: 07/11/2007)	RECAP
	July 12, 2007	MINUTE ORDER granting 34 Consent Motion for Joinder of Bruce Brown as a plaintiff in this lawsuit. Signed by Judge Ricardo M. Urbina on 07/12/07. (dbk) Modified on 7/13/2007 (nmw, ). (Entered: 07/12/2007)	PACER
35	Aug. 10, 2007	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	RECAP
36	Aug. 13, 2007	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)	RECAP
37	Sept. 24, 2007	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	RECAP
	Sept. 26, 2007	Set Deadlines/Hearings: Discovery due by 10/26/2007.,Dispositive Motions due by 11/23/2007. (jwd) (Entered: 09/26/2007)	PACER
38	Sept. 26, 2007	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)	RECAP
39	Oct. 19, 2007	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	RECAP
40	Oct. 19, 2007	MOTION to Strike Plaintiffs' Expert Report by MARTIN J. GRUENBERG. (See Docket Entry 39 to view document). (nmw, ) (Entered: 10/22/2007)	RECAP
	Oct. 31, 2007	Set Deadlines/Hearings: discovery shall remain open until November 26, 2007 (jwd) (Entered: 10/31/2007)	PACER
	Nov. 21, 2007	MINUTE ORDER granting 41 Motion for Extension of Time to Complete Discovery. ORDERED that the joint motion is granted, and it is further ORDERED that the scheduling order in this case is amended as follows: (a) Discovery will close on January 25, 2008; and (b) Dispositive motions will be due by February 25, 2008. Signed by Judge Ricardo M. Urbina on 11/21/07. (lcrmu1, ) (Entered: 11/21/2007)	PACER
	Nov. 21, 2007	Set/Reset Deadlines: Discovery Close on 1/25/2008.,Dispositive Motions due by 2/25/2008. (mpt, ) (Entered: 11/21/2007)	PACER
41	Nov. 21, 2007	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	RECAP
	Nov. 26, 2007	Set Deadlines/Hearings: Discovery will close on January 25, 2008; and (b) Dispositive motions will be due by February 25, 2008.(jwd) (Entered: 11/26/2007)	PACER
42	Jan. 22, 2008	NOTICE of Appearance by David Louis Rose on behalf of BARBARA ALIOTTA (Rose, David) (Entered: 01/22/2008)	RECAP
43	Feb. 25, 2008	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	Clearinghouse
44	Feb. 25, 2008	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 RECAP 2 Undisputed Facts View on RECAP 3 Text of Proposed Order Order View on RECAP 4 Exhibit Seberhagen Report 012808 View on RECAP	RECAP
45	Feb. 26, 2008	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	RECAP
46	March 7, 2008	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	Clearinghouse
47	March 10, 2008	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	Clearinghouse
48	March 13, 2008	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	RECAP
	March 14, 2008	MINUTE ORDER granting 48 Motion for Extension of Time to File Response/Reply. Plaintiffs reply brief will be due on March 24, 2008, and Defendants reply brief will be due on March 27, 2008. Signed by Judge Ricardo M. Urbina on 3/14/08. (lcrmu1, ) (Entered: 03/14/2008)	PACER
	March 14, 2008	Set/Reset Deadlines/Hearings: Plaintiffs reply brief will be due on March 24, 2008, and Defendants reply brief will be due on March 27, 2008 (jwd) (Entered: 03/14/2008)	PACER
49	March 24, 2008	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	RECAP
50	March 26, 2008	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	RECAP
51	March 27, 2008	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	RECAP
52	May 5, 2008	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	RECAP
53	May 20, 2008	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	RECAP
54	June 3, 2008	MEMORANDUM re 53 Memorandum in Opposition filed by BARBARA ALIOTTA by MARTIN J. GRUENBERG. (Jones, William) (Entered: 06/03/2008)	RECAP
55	July 8, 2008	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)	RECAP
56	July 17, 2008	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	RECAP
57	July 24, 2008	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)	RECAP
58	July 25, 2008	Consent MOTION for Leave to File a Sur-Reply by MARTIN J. GRUENBERG (Jones, William) (Entered: 07/25/2008)	RECAP
	July 28, 2008	MINUTE ORDER granting 58 the defendant's consent motion for leave to file sur−reply. Upon consideration of the defendant's consent motion and for good cause shown therein, it is hereby ORDERED that the defendant's consent motion is GRANTED and the defendant may have leave to file a sur−reply. SO ORDERED. Signed by Judge Ricardo M. Urbina on 07/28/2008. (Entered: 07/28/2008)	PACER
59	Aug. 4, 2008	SURREPLY to re 57 Reply to Document filed by MARTIN J. GRUENBERG. (Jones, William) (Entered: 08/04/2008)	RECAP
60	Aug. 8, 2008	REPLY to Defendant's 59 Sur-Reply filed by BARBARA ALIOTTA. (Rose, David) . (Entered: 08/08/2008)	RECAP
61	Aug. 20, 2008	NOTICE of Recent Authorities by BARBARA ALIOTTA (Rose, David) (Entered: 08/20/2008)	RECAP
62	Sept. 18, 2008	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)	RECAP
63	Sept. 18, 2008	MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 09/18/2008. (lcrmu1) (Entered: 09/18/2008)	Clearinghouse
64	Oct. 2, 2008	NOTICE of Appearance by Yuval Rubinstein on behalf of all plaintiffs (Rubinstein, Yuval) (Entered: 10/02/2008)	RECAP
65	Oct. 2, 2008	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)	RECAP
	Oct. 3, 2008	NOTICE OF ERROR re 65 Motion to Alter Judgment; emailed to yrubinstein@roselawyers.com, cc'd 5 associated attorneys −− The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Document entered in error; incorrect case number; please refile (nmw, ) (Entered: 10/03/2008)	PACER
66	Oct. 3, 2008	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)	RECAP
67	Oct. 7, 2008	BILL OF COSTS by MARTIN J. GRUENBERG. (Jones, William) (Entered: 10/07/2008)	RECAP
68	Oct. 17, 2008	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)	RECAP
69	Oct. 24, 2008	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)	RECAP
70	June 10, 2009	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)	RECAP
71	June 10, 2009	MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 06/10/2009. (lcrmu1) (Entered: 06/10/2009)	Clearinghouse
72	June 17, 2009	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)	RECAP
73	June 29, 2009	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)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

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

Federal Deposit Insurance Corporation

Case Details

Causes of Action:

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