Case: Aliotta v. Gruenberg

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

Filed Date: Dec. 5, 2005

Closed Date: 2009

Clearinghouse coding complete

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…

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)

Ginsburg, Douglas Howard (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Urbina, Ricardo M. (District of Columbia)

Attorneys(s) for Plaintiff

Marcus, Terri N. (District of Columbia)

Rose, David L. (District of Columbia)

Rubinstein, Yuval (District of Columbia)

Attorneys(s) for Defendant

Jones, William S. (Virginia)

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)

Attorneys(s) for Plaintiff

Marcus, Terri N. (District of Columbia)

Rose, David L. (District of Columbia)

Rubinstein, Yuval (District of Columbia)

Attorneys(s) for Defendant

Jones, William S. (Virginia)

Documents in the Clearinghouse

Document

Docket

July 7, 2009 Docket
5

Amended Complaint

Feb. 8, 2006 Complaint
7

Defendant's Answer and Affirmative Defenses

March 15, 2006 Pleading / Motion / Brief
19

Memorandum Opinion (Granting Plaintiffs' Motion For Class Certification)

237 F.R.D. 4

July 25, 2006 Order/Opinion
44-1

Plaintiffs' Memorandum In Support of Its Motion for Partial Summary Judgment On Liability

Aliotta v. Bair

Feb. 25, 2008 Pleading / Motion / Brief
43

Memorandum In Support Of Defendant's Motion for Summary Judgment

Aliotta v. Bair

2008 WL 2777692

Feb. 25, 2008 Pleading / Motion / Brief
46

Defendant's Memorandum in Opposition to Plaintiffs' Motion for Partial Summary Judgment On the Question of Liability

Aliotta v. Bair

2008 WL 2777694

March 7, 2008 Pleading / Motion / Brief
47

Plaintiffs' Memorandum In Opposition to Defendant's Motion for Summary Judgment

Aliotta v. Bair

2008 WL 2777695

March 10, 2008 Pleading / Motion / Brief
63

Memorandum Opinion (Granting the Defendant's Motion for Summary Judgment; Denying the Plaintiffs' Motion for Partial Summary Judgment)

Aliotta v. Bair

576 F.Supp.2d 113

Sept. 18, 2008 Order/Opinion
71

Memorandum Opinion (Denying Plaintiffs' Motion to Alter or Amend Judgment)

Aliotta v. Bair

623 F.Supp.2d 73

June 10, 2009 Order/Opinion

Docket

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

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

ECF Number Description 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 RECAP
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NOTICE OF RELATED CASE by all plaintiffs. Case related to Case No. 05-549. (jf, ) (Entered: 12/06/2005)

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

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Feb. 8, 2006 RECAP
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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 RECAP
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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 RECAP
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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

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March 1, 2006 RECAP
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Defendant's ANSWER to Amended Complaint, ANSWER to Complaint by MARTIN J. GRUENBERG.(Jones, William) (Entered: 03/15/2006)

March 15, 2006 RECAP
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STANDING ORDER Signed by Judge Ricardo M. Urbina on March 15, 2006. (jwd) (Entered: 03/15/2006)

March 15, 2006 RECAP
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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*

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2 Text of Proposed Order

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April 21, 2006 RECAP
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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 RECAP
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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

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April 26, 2006 RECAP
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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

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May 22, 2006 RECAP
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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)

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10 Exhibit EXHIBIT 10 (10-1 THROUGH 10-10)

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12 Exhibit EXHIBIT 12 (INC. EX. 12-1 THROUGH 12-3)

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13 Exhibit EXHIBIT 13

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May 25, 2006 RECAP
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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)

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June 8, 2006 RECAP
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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

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June 9, 2006 RECAP
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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)

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June 15, 2006 RECAP
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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

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June 15, 2006 RECAP
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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 RECAP
19

MEMORANDUM AND OPINION. Signed by Judge Ricardo M. Urbina on 7/25/06. (djr) (Entered: 07/25/2006)

July 25, 2006 RECAP
20

Consent MOTION for Joinder David L. Noffsinger to Lawsuit by BARBARA ALIOTTA. (Rose, David) (Entered: 08/08/2006)

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*

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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 RECAP
23

NOTICE to the Court by DONALD W. ALLEN. (fiat) JUDGE RICARDO M. URBINA (jf, ) (Entered: 09/15/2006)

Sept. 14, 2006 RECAP
24

STIPULATION Protective Order by BARBARA ALIOTTA. (Rose, David) (Entered: 09/15/2006)

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 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 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 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 RECAP
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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 RECAP
30

NOTICE To Schedule Initial Status Conference by BARBARA ALIOTTA (Rose, David) (Entered: 01/11/2007)

Jan. 11, 2007 RECAP
31

MEET AND CONFER STATEMENT. (Jones, William) (Entered: 02/01/2007)

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 PACER
33

Consent MOTION for Extension of Time to Complete Discovery by BARBARA ALIOTTA (Attachments: # 1 Exhibit)(Rose, David) (Entered: 06/26/2007)

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June 26, 2007 RECAP
34

Consent MOTION for Joinder Lawsuit by BARBARA ALIOTTA (Rose, David) (Entered: 07/11/2007)

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

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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 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

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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 RECAP
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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

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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 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

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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 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

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2 Text of Proposed Order

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3 Exhibit Nos. 1-10

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4 Exhibit Nos. 11-22

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5 Exhibit No. 23

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6 Exhibit Nos. 24, 24-1, 24-2, 24-3

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9 Exhibit Nos. 27, 27-1

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11 Exhibit No. 29

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14 Exhibit No. 32

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15 Exhibit No. 33

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16 Exhibit No. 34

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17 Exhibit No. 35

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Feb. 25, 2008 RECAP
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

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2 Undisputed Facts

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3 Text of Proposed Order Order

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4 Exhibit Seberhagen Report 012808

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Feb. 25, 2008 RECAP
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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

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Feb. 26, 2008 RECAP
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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

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2 Text of Proposed Order

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3 Exhibit No. 36

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4 Exhibit No. 37

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5 Exhibit No. 38

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6 Exhibit No. 39

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7 Exhibit No. 40

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March 7, 2008 RECAP
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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

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2 Exhibit 1 - Seberhagen Signed Final Report

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3 Exhibit 2 - Board Minutes August 8, 1995

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4 Exhibit 3 - American Banker Article, Nov. 10, 1995

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5 Exhibit 4 - Board Minutes, Sept. 26, 1995

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6 Exhibit 5 - FDIC Board Memo, Sept. 25, 1995

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7 Exhibit 6 - Board Minutes, Sept. 5, 1995

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8 Exhibit 7 - Declaration of Joy Crosser

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9 Exhibit 8 - Declaration of Carole Mann

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10 Exhibit 9 - Letter to Stakeholders

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11 Exhibit 10 - Powell Deposition

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12 Exhibit 11 - Mergen Deposition

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13 Exhibit 12 - DOE Stats on College Age

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14 Exhibit 13 - Corporate University 2005 New Hires

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March 10, 2008 RECAP
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

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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)

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16 Declaration Ex 21

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March 24, 2008 RECAP
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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)

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March 26, 2008 RECAP
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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)

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March 27, 2008 RECAP
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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)

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May 5, 2008 RECAP
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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

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May 20, 2008 RECAP
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MEMORANDUM re 53 Memorandum in Opposition filed by BARBARA ALIOTTA by MARTIN J. GRUENBERG. (Jones, William) (Entered: 06/03/2008)

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 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 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 RECAP
58

Consent MOTION for Leave to File a Sur-Reply by MARTIN J. GRUENBERG (Jones, William) (Entered: 07/25/2008)

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 RECAP
60

REPLY to Defendant's 59 Sur-Reply filed by BARBARA ALIOTTA. (Rose, David) . (Entered: 08/08/2008)

Aug. 8, 2008 RECAP
61

NOTICE of Recent Authorities by BARBARA ALIOTTA (Rose, David) (Entered: 08/20/2008)

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 PACER
63

MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 09/18/2008. (lcrmu1) (Entered: 09/18/2008)

Sept. 18, 2008 RECAP
64

NOTICE of Appearance by Yuval Rubinstein on behalf of all plaintiffs (Rubinstein, Yuval) (Entered: 10/02/2008)

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 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 PACER
67

BILL OF COSTS by MARTIN J. GRUENBERG. (Jones, William) (Entered: 10/07/2008)

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 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 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 PACER
71

MEMORANDUM OPINION. Signed by Judge Ricardo M. Urbina on 06/10/2009. (lcrmu1) (Entered: 06/10/2009)

June 10, 2009 RECAP
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 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 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 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 PACER

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

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 Deposit Insurance Corporation, Federal

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)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Pay / Benefits

Discrimination-basis:

Age discrimination