Case: Apsley v. Boeing Co.

6:05-cv-01368 | U.S. District Court for the District of Kansas

Filed Date: Dec. 19, 2005

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On December 19, 2005, former employees of the Boeing Company filed this class action in the United States District Court of Kansas against Boeing, Spirit Aerosystems Inc., the Onex Corporation, and Midwestern Aircraft. The employees alleged violations of various laws during the layoff and rehire process that took place in connection with Boeing's sale of its commercial airplane manufacturing facilities to Onex. In 2005, Boeing sold its Wichita and Oklahoma facilities to Onex, which created Spir…

On December 19, 2005, former employees of the Boeing Company filed this class action in the United States District Court of Kansas against Boeing, Spirit Aerosystems Inc., the Onex Corporation, and Midwestern Aircraft. The employees alleged violations of various laws during the layoff and rehire process that took place in connection with Boeing's sale of its commercial airplane manufacturing facilities to Onex. In 2005, Boeing sold its Wichita and Oklahoma facilities to Onex, which created Spirit as a subsidiary specifically for the purpose of purchasing the facilities. As part of the sale, Boeing terminated all employees at those facilities in two mass layoffs in May and June of 2005. Some but not all of those laid-off employees were then hired by Spirit. Those not hired by Spirit filed this lawsuit, alleging violations of the Age Discrimination in Employment Act (ADEA), the Employee Retirement Income Security Act (ERISA), the Older Workers Benefit Protection Act (OWBPA), the Labor Management Relations Act (LMRA), Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act (ADA). The plaintiffs sought declaratory, injunctive, and monetary relief, and class certification.

Represented by private counsel, the plaintiffs alleged that Boeing's layoff process started in 2002 as part of a plan to reduce the average age and wage of its workforce in order to make the facilities more attractive to potential buyers. The plaintiffs asked the court to certify a class of all former Wichita or Oklahoma facility employees who were terminated or laid off by Boeing and not re-hired by Onex and who were over age 40 or older on the date of termination, layoff, or non-hire. On February 27, 2006, the plaintiffs voluntarily dismissed all claims against Midwestern, leaving Boeing, Spirit and Onex as the only co-defendants. And on November 15, 2006, the District Court (Judge Monti L. Belot) granted the plaintiffs' motion for conditional class certification and notice under the ADEA. On December 18, 2006, the Court granted the defendants' motion for judgment on the pleadings in part and dismissed the plaintiffs' recordkeeping and OWBPA claims.

The defendants moved for partial summary judgment; on October 30, 2007, the Court found that the plaintiffs failed to exhaust their administrative remedies and dismissed both the ADEA claim stemming from conduct that occurred prior to January 1, 2005 and the retaliation claim. 2007 WL 3231526. Because the Court ruled that the ADEA claims could only be granted from January 1, 2005, part of the previously certified class was dismissed as well. The claims remaining after these dismissals were the ADEA claim for conduct after January 1, 2005, the ERISA claim, and the LMRA claim.

During the discovery process, the plaintiffs moved to amend the complaint to dismiss all claims against Onex and add factual allegations and a civil conspiracy claim. The defendants opposed the plaintiffs' citation to documents protected by an agreed protective order and argued that the conspiracy claim was futile. On May 21, 2008, the Court (Magistrate Judge Karen M. Humphreys) ordered the parties to confer on the discovery issues and granted the plaintiffs' motion in part but denied them leave to add the conspiracy claim. The claims against Onex were dismissed on June 24, 2008, while claims against Boeing and Spirit remained. 2008 WL 191418 (D. Kan. Jan. 22, 2008); 2008 WL 5211001 (D. Kan. Dec. 9, 2008).

The case was reassigned to Judge Eric F. Melgren on October 21, 2008. The plaintiffs moved to recuse Judge Melgren for his previous representation of Boeing and his position as a partner at the law firm representing Boeing in this case. Judge Melgren denied the motion on July 2, 2009.

The defendants moved for summary judgment on the plaintiffs' remaining claims and asked the Court to decertify the class under the ADEA. The Court granted summary judgment on June 30, 2010 with regard to the ERISA claims, the LMRA claims, ADEA pattern or practice of intentional age discrimination claim, and ADEA disparate impact claim. 722 F. Supp. 2d 1218. The Court found that the statistical disparities in the experts' reports were not significant enough to suggest an inference of discrimination in this case. And by this point, the plaintiffs' motion for class certification was moot. The plaintiffs filed a motion for reconsideration and asked the Court for additional time for discovery, which was denied on March 28, 2011. 2011 WL 1118835 (D. Kan. Mar. 28, 2011). The only claim remaining was the disparate treatment claim under the ADEA. The plaintiffs appealed the Court's two summary judgment decisions and the denial of reconsideration to the Tenth Circuit, which affirmed the lower court's decision. 691 F.3d 1184 (10th Cir. 2012).

On December 6, 2012, the plaintiffs requested an order to determine whether the single file rule applied based on this Court's decision and subsequent affirmation by the Tenth Circuit, determine the date that the statute of limitations began to run again, and toll that date by 90 days after the Court's ruling. Both parties jointly filed a motion to sever the pro se plaintiffs for their individual ADEA claims of disparate treatment, which was granted by the Court on January 10, 2013. Those who did not pursue their individual claims against the defendants were subsequently dismissed.

On March 22, 2013, the remaining 87 plaintiffs filed a fifth amended complaint against the defendants, claiming disparate treatment in violation of the ADEA. On July 15, 2013, Magistrate Judge Humphreys denied the defendants' motion to sever.

After the defendants requested a Bill of Costs, Magistrate Judge Humphreys ordered $50,425.49 in costs for the defendants on August 26, 2013. The plaintiffs appealed this estimate on September 24, 2013 while the parties continued to litigate over the ADEA violation.

On December 9, 2013, Judge Melgren denied the plaintiff's motion for the single file rule and to toll the date on the statute of limitations. 2013 WL 6440229. The plaintiffs appealed the order on January 7, 2014. During discovery disputes that followed, a number of individual plaintiffs settled with defendants and were subsequently dismissed.

On June 20, 2014, the defendants filed a motion to dismiss. On July 11, 2014, the remaining plaintiffs appealed the order for costs granted for the defendants. Judge Melgren held a hearing on the motion to dismiss on October 22, 2015, and the plaintiffs failed to appear at the hearing. On January 7, 2015, Judge Melgran denied the motion on costs and granted the motion to dismiss on the grounds that the remaining 26 plaintiffs had repeatedly failed to comply with discovery requests or adequately participate in the proceedings; the court had warned that if they continued to fail to comply, the case would be dismissed. 2015 WL 93653.

On February 9, 2015, the plaintiffs appealed the dismissal to the Tenth Circuit. However, this appeal was not filed timely and the plaintiffs were forced to file a motion allowing a late appeal citing a personal emergency. On April 8, 2015, Judge Melgran denied the motion because the plaintiffs had consistently demonstrated a lack of interest in the case and had not adequately pled reason for the late filing. 2015 WL 1549107. The plaintiffs appealed the motion on April 17, 2015. On June 3rd, the court ordered that the plaintiffs also file an appeal of the dismissal of the February 9th appeal within ten days of the order. When the plaintiffs failed to do so, the appeal was dismissed on June 16, 2015 for failure to prosecute. The case is now closed.

Summary Authors

Matthew Aibel (5/6/2008)

Emma Bao (7/29/2013)

Carter Powers Beggs (10/30/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4710710/parties/apsley-v-boeing-company-the/


Judge(s)

Belot, Monti L. (Kansas)

Humphreys, Karen M. (Kansas)

Melgren, Eric F. (Kansas)

Attorneys(s) for Plaintiff

Centeno, Monique K. (Kansas)

Clay, David L. (Kansas)

Gore, James E (Mississippi)

McCausland, Paul S (Kansas)

Ohaebosim, Uzo L. (Kansas)

Williamson, Lawrence W. Jr. (Kansas)

Attorneys(s) for Defendant

Armstrong, James M. (Kansas)

Judge(s)

Belot, Monti L. (Kansas)

Humphreys, Karen M. (Kansas)

Melgren, Eric F. (Kansas)

Attorneys(s) for Plaintiff

Centeno, Monique K. (Kansas)

Clay, David L. (Kansas)

Gore, James E (Mississippi)

McCausland, Paul S (Kansas)

Ohaebosim, Uzo L. (Kansas)

Williamson, Lawrence W. Jr. (Kansas)

Attorneys(s) for Defendant

Armstrong, James M. (Kansas)

Counts, Sophie K. (Texas)

Matthews, Carolyn L. (Kansas)

McClellan, Charles E (Kansas)

Rhodes, Forrest T. (Kansas)

Shulda, Teresa L (Kansas)

Stanley, Douglas L. (Kansas)

Tedesco, Todd N. (Kansas)

Thelen, Trisha A (Kansas)

Watson, Charles E II (Kansas)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 14, 2015 Docket
1

Complaint-Class Action

Dec. 9, 2005 Complaint
118

Order conditionally certifying class

Nov. 15, 2006 Order/Opinion
139

Memorandum and Order

Dec. 18, 2006 Order/Opinion
145

Order granting in part motion to compel

2007 WL 163201

Jan. 18, 2007 Order/Opinion
218

Order granting in part motion to compel interrogatories

2007 WL 3120712

Oct. 24, 2007 Order/Opinion
222

Order granting summary judgment

2007 WL 3231526

Oct. 30, 2007 Order/Opinion
233

Memorandum and Order

2008 WL 191418

Jan. 22, 2008 Order/Opinion
239

Memorandum and Order

May 21, 2008 Order/Opinion
267

Memorandum and Order

Apsley v. The Boeing Company

2008 WL 5211001

Dec. 9, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4710710/apsley-v-boeing-company-the/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
118

MEMORANDUM AND ORDER granting 79 Motion for conditional class certification and notice. Signed by Judge Monti L Belot on 11/16/06. (cl )

Nov. 15, 2006 RECAP
139

MEMORANDUM AND ORDER granting in part and denying in part 99 defendants' Motion for Judgment on the pleadings. Signed by Judge Monti L Belot on 12/18/06. (cl )

Dec. 18, 2006 RECAP
145

MEMORANDUM AND ORDER granting in part and denying in part 97 Plaintiffs' Motion to Compel. Hearing scheduled for 1/26/2007 at 10:00 a.m. See order for details. Signed by Magistrate Judge Karen M. Humphreys on 1/17/07. (sj)

Jan. 18, 2007 RECAP
178

ORDER. An in person status conference is set for 8/22/2007 at 10:00 AM before Magistrate Judge Karen M. Humphreys. See order for further details. Signed by Magistrate Judge Karen M. Humphreys on 5/11/07.(sj)

May 11, 2007 RECAP
218

MEMORANDUM AND ORDER granting in part and denying in part 193 Plaintiffs' Motion to Compel. Defendants shall produce the documents ordered herein on or before 11/30/2007. Signed by Magistrate Judge Karen M. Humphreys on 10/24/07. (sj)

Oct. 24, 2007 RECAP
221

MEMORANDUM AND ORDER granting 189 defendants' joint motion for partial Summary Judgment. Signed by Judge Monti L Belot on 10/29/07. (cl )

Oct. 29, 2007 RECAP
222

NUNC PRO TUNC MEMORANDUM AND ORDER: Defendants' joint motion for partial summary judgment is granted. Signed by Judge Monti L Belot on 10/29/07.(cl )

Oct. 30, 2007 RECAP
233

MEMORANDUM AND ORDER denying 219 Plaintiffs' Motion to Compel; granting 228 Defendant Boeing's Motion for Protective Order Quashing Deposition Notice. See order for details. Signed by Magistrate Judge Karen M. Humphreys on 1/22/08. (sj)

Jan. 22, 2008 RECAP
239

MEMORANDUM AND ORDER granting in part and denying in part 235 Plaintiffs' Motion for Leave to Amend Complaint. See order for details. Signed by Magistrate Judge Karen M. Humphreys on 5/21/08. (sj)

May 21, 2008 RECAP
267

MEMORANDUM AND ORDER denying 255 Plaintiffs' motion to compel or for in camera review of documents. See order for details. Signed by Magistrate Judge Karen M. Humphreys on 12/9/08. (sj)

Dec. 9, 2008 RECAP
291

MEMORANDUM AND ORDER denying 272 Motion for Recusal. Signed by District Judge Eric F. Melgren on 7/2/09. (alm)

July 2, 2009 RECAP
356

MEMORANDUM AND ORDER finding as moot 287 Motion to Certify Class; granting 298 Plaintiffs Motion for Summary Judgment on the ERISA 510 and LMRA 301 Claims; granting 307 Motion for Summary Judgment. See ORDER for details. Signed by District Judge Eric F. Melgren on 6/30/2010. (cm)

June 30, 2010 RECAP
365

MEMORANDUM AND ORDER denying 359 Motion for Reconsideration. See Order for details. Signed by District Judge Eric F. Melgren on 3/28/2011. (cm)

March 28, 2011 RECAP
384

MEMORANDUM AND ORDER denying 349 Motion to Strike ; denying 351 Motion to Strike ; granting 366 Motion to Certify; granting 370 Motion to Certify. See Order for details. Signed by District Judge Eric F. Melgren on 7/11/2011.Mailed to pro se party Warren Pyles, Throma A. Dyas, Sharron N. James, Roy T. Wells, Olivia J. Housley, James Walker, James Bowmaker, Henry Butler, David L. Clay, Darlene E. Rozar by regular mail (cm)

July 11, 2011 RECAP
400

MOTION to Stay Deadlines of Collective Action Plaintiffs excluding Plaintiffs Butler, Pyles, Housley, Cash, Dyas, Walker, Wells, Rozar, Bowmaker, and James by Plaintiff Perry Apsley(Williamson, Lawrence) (Entered: 10/19/2011)

Oct. 19, 2011 PACER
401

RESPONSE by Plaintiff Perry Apsley re 399 MOTION to Withdraw as Attorney (Williamson, Lawrence) (Entered: 10/19/2011)

Oct. 19, 2011 PACER
402

ORDER granting in part and denying in part 399 Motion to Withdraw as Attorney. Motion is granted as to withdrawing Monique Centeno, but denying as to substituting Lawrence Williamson; Plaintiff Debra Smith will continue to be represented by Uzo Ohaebosim. Signed by District Judge Eric F. Melgren on 10/20/2011.Mailed to pro se party Darlene Rozar, David Clay, Henry Butler, James Bowmaker, James Walker, Roy Wells, Sharron James, Throma Dyas, Warren Pyles by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 10/20/2011)

Oct. 20, 2011 PACER
403

RESPONSE by Defendants Boeing Company, The, Spirit Aerosystems re 400 MOTION to Stay Deadlines of Collective Action Plaintiffs excluding Plaintiffs Butler, Pyles, Housley, Cash, Dyas, Walker, Wells, Rozar, Bowmaker, and James (Thelen, Trisha) (Entered: 10/25/2011)

Oct. 25, 2011 PACER
404

CERTIFICATE OF SERVICE of Plaintiffs' Motion to Stay, filed on October 19, 2011 by Perry Apsley re 400 MOTION to Stay Deadlines of Collective Action Plaintiffs excluding Plaintiffs Butler, Pyles, Housley, Cash, Dyas, Walker, Wells, Rozar, Bowmaker, and James. (Williamson, Lawrence) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
405

MOTION to Disqualify Counsel by Plaintiff Debra L. Smith(daw) (Entered: 02/08/2012)

Feb. 8, 2012 PACER
406

MEMORANDUM AND ORDER granting 387 Pro Se Plaintiffs' Motion to Stay Deadlines; denying 387 Pro Se Plaintiffs' Motion to Compel; granting 400 Plaintiffs' Motion to Stay Deadlines. Discovery is stayed pending ruling by the Tenth Circuit. See order for details. Signed by Magistrate Judge Karen M. Humphreys on 2/9/2012. Mailed to pro se parties Henry F. Butler, Warren K. Pyles, Sharron James, Darlene Rozar, and David Clay by regular mail. (sj) (Entered: 02/09/2012)

Feb. 9, 2012 RECAP
407

RESPONSE by Attorney Uzo Ohaebosim re 405 MOTION to Disqualify Counsel and Notice of Withdrawal of Appearance (Ohaebosim, Uzo) Modified on 2/29/2012 to correct filer (aa). (Entered: 02/12/2012)

Feb. 12, 2012 PACER
408

RETURN mail received re 406 Order on Motion to Stay Deadlines, Order on Motion to Compel, addressed to David L. Clay; not remailed. (aa) (Entered: 02/15/2012)

Feb. 15, 2012 PACER
409

REPLY to Response to Motion by Plaintiff Debra L. Smith re: 405 MOTION to Disqualify Counsel. (aa) (Entered: 02/29/2012)

Feb. 29, 2012 PACER
410

ORDER granting 405 Plaintiff Debra Smith's Motion to terminate Uzo Ohaebosim's representation of her in this case. Ms. Smith is responsible for complying with all deadlines and aspects of her individual claims. Signed by Magistrate Judge Karen M. Humphreys on 4/5/2012. (sj) (Entered: 04/05/2012)

April 5, 2012 PACER
411

RETURN mail received re 410 Order on Motion to Disqualify Counsel, addressed to David L. Clay. Not remailed. This is a text entry only (aa) (Entered: 04/11/2012)

April 11, 2012 PACER
412

NOTICE OF CHANGE OF ADDRESS by Paul S. McCausland (McCausland, Paul) (Entered: 07/24/2012)

July 24, 2012 PACER
413

ENTRY OF APPEARANCE by Paul S. McCausland on behalf of Debra L. Smith (McCausland, Paul) (Entered: 07/24/2012)

July 24, 2012 PACER
414

CERTIFICATE OF COMPLIANCE by Plaintiff Olivia J. Housley re 70 Protective Order signed Confidentiality Agreement by counsel. (McCausland, Paul) (Entered: 08/13/2012)

Aug. 13, 2012 PACER
415

CERTIFICATE OF COMPLIANCE by Plaintiff Debra L. Smith re 70 Protective Order Confidentiality Agreement Signed by Counsel. (McCausland, Paul) (Entered: 08/13/2012)

Aug. 13, 2012 PACER
416

APPEAL MANDATE from 10CCA: affirming decision of the District Court. (Appeal No. 11-3238) (Attachments: # 1 Judgment, # 2 Mandate issued letter)(aa) (Entered: 09/24/2012)

Sept. 19, 2012 PACER
417

BILL OF COSTS by Boeing Company, The, Spirit Aerosystems. (Thelen, Trisha) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
418

MEMORANDUM IN SUPPORT of 417 Bill of Costs by Boeing Company, The, Spirit Aerosystems. (Attachments: # 1 Exhibit 1, # 2 A, # 3 B, # 4 C, # 5 D, # 6 E, # 7 F, # 8 G, # 9 H, # 10 I, # 11 J, # 12 K, # 13 L)(Thelen, Trisha) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
419

ORDER SETTING STATUS/SCHEDULING CONFERENCE. A Status/Scheduling Conference is set for December 12, 2012 at 01:30 PM before Magistrate Judge Karen M. Humphreys, Courtroom 326 (KMH), U.S. Courthouse, 401 N. Market, Wichita, Kansas. All parties shall be present in person or appear by counsel. The parties shall confer and provide a status report to the court by December 5, 2012 identifying which claims remain and a proposed schedule for completion of discovery. IT IS SO ORDERED. Signed by Magistrate Judge Karen M. Humphreys on 10/30/2012. Mailed to pro se parties Darlene E. Rozar, David L. Clay, Henry F. Butler, James Bowmaker, James Walker, Roy T. Wells, Sharron N. James, Throma A. Dyas, and Warren Pyles by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(sj) (Entered: 10/30/2012)

Oct. 30, 2012 PACER
420

RETURN mail received re 419 Order, Set Hearings - addressed to David L. Clay; not remailed. (aa) (Entered: 11/02/2012)

Nov. 2, 2012 PACER
421

OBJECTION(S) to 418 Bill of Costs, 417 Bill of Costs by Perry Apsley. (Williamson, Lawrence) (Entered: 11/07/2012)

Nov. 7, 2012 PACER
422

REPLY to 421 Objection(s) Memo in Support of Defendant's Bill of Costs by Defendants Boeing Company, The, Spirit Aerosystems. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Thelen, Trisha) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
423

MOTION for extension of time TO FILE OBJECTIONS TO BILL OF COSTS (417) WITH MOTION by Plaintiff Olivia J. Housley (Attachments: # 1 Exhibit A - PROPOSED OBJECTIONS TO BILL OF COSTS, MOTION FOR JOINDER IN OBJECTIONS BY APSLEY, ET AL. AND FOR PRODUCTION OF SUPPORTING DOCUMENTS FOR ITEMS SOUGHT TO BE TAXED)(McCausland, Paul) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
424

MOTION for extension of time TO FILE OBJECTIONS TO BILL OF COSTS (417) WITH MOTION by Plaintiff Debra L. Smith (Attachments: # 1 Exhibit A - PROPOSED OBJECTIONS TO BILL OF COSTS, MOTION FOR JOINDER IN OBJECTIONS BY APSLEY, ET AL. AND FOR PRODUCTION OF SUPPORTING DOCUMENTS FOR ITEMS SOUGHT TO BE TAXED)(McCausland, Paul) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
425

MOTION for Leave to file OBJECTIONS TO BILL OF COSTS (417) AND MOTIONS PERTAINING THERETO OUT OF TIME by Plaintiff Olivia J. Housley (Attachments: # 1 Exhibit A - PROPOSED OBJECTIONS AND MOTIONS REGARDING BILL OF COSTS (417))(McCausland, Paul) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
426

MOTION for Leave to file OBJECTIONS TO BILL OF COSTS (417) AND MOTIONS PERTAINING THERETO OUT OF TIME by Plaintiff Debra L. Smith (Attachments: # 1 Exhibit A - PROPOSED OBJECTIONS AND MOTIONS REGARDING BILL OF COSTS (417))(McCausland, Paul) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
427

ORDER finding as moot 423 Motion for Extension of Time to File.; granting 425 Motion for Leave to File Out of Time as to Plaintiff Olivia J. Housley. Signed by District Judge Eric F. Melgren on 11/16/2012. (cm) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
428

ORDER finding as moot 424 Motion for Extension of Time to File.; granting 426 Motion for Leave to File Out of Time as to Plaintiff Debra L. Smith. Signed by District Judge Eric F. Melgren on 11/16/2012. (cm) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
429

OBJECTION(S) to 417 Bill of Costs, MOTION FOR JOINDER IN OBJECTIONS BY APSLEY, ET AL. AND MOTION FOR PRODUCTION OF SUPPORTING DOCUMENTS FOR ITEMS TO BE TAXED by Olivia J. Housley. (McCausland, Paul) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
430

OBJECTION(S) to 417 Bill of Costs, MOTION FOR JOINDER IN OBJECTIONS BY APSLEY, ET AL., AND MOTION FOR PRODUCTION OF SUPPORTING DOCUMENTS FOR ITEMS TO BE TAXED by Debra L. Smith. (Attachments: # 1 Exhibit 1 - RETAINER AGREEMENT, # 2 Exhibit 2- RECEIPT OF PAYMENT)(McCausland, Paul) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
431

MOTION for Joinder in objections by Apsley, et al.; MOTION to Produce supporting documents for items to be taxed by Plaintiff Olivia J. Housley. (Response deadline 11/30/2012) (THIS ENTRY MADE TO ACCOUNT FOR THE MOTION PORTION OF A THREE-PART DOCUMENT. PDF IDENTICAL TO DE 429 .) (alm) (Entered: 11/19/2012)

Nov. 16, 2012 PACER
432

MOTION for Joinder in objections by Apsley, et al., MOTION to Produce supporting documents for items to be taxed by Plaintiff Debra L. Smith. (Response deadline 11/30/2012) (THIS ENTRY WAS MADE TO ACCOUNT FOR THE MOTION PORTION OF A THREE-PART DOCUMENT; THE PDF FILE IS IDENTICAL TO DOCKET ENTRY 430 )(alm) (Entered: 11/19/2012)

Nov. 16, 2012 PACER
433

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Upon further review of the case and Bill of Cost filings, the Court is concerned these filings may be premature. Therefore a Status Conference is set for 11/29/2012 at 01:30 PM in Courtroom 408 (EFM) before District Judge Eric F. Melgren to discuss this matter. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 11/19/2012)

Nov. 19, 2012 PACER
434

Letter from Roy Wells to the court (cs) (Entered: 11/19/2012)

Nov. 19, 2012 PACER
435

REPLY to 429 Objection(s) to Bill of Costs by Defendants Boeing Company, The, Spirit Aerosystems. (Thelen, Trisha) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
436

REPLY to 430 Objection(s), to Bill of Costs by Defendants Boeing Company, The, Spirit Aerosystems. (Thelen, Trisha) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
437

RESPONSE by Defendants Boeing Company, The, Spirit Aerosystems re 431 MOTION for Joinder MOTION to Produce in opposition to production of documents (Thelen, Trisha) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
438

RESPONSE by Defendants Boeing Company, The, Spirit Aerosystems re 432 MOTION for Joinder MOTION to Produce in opposition to production of documents (Thelen, Trisha) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
439

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING At the direction of Judge Eric F. Melgren, the Status Conference scheduled for 11/29/2012 is RESCHEDULED for 12/12/2012 at 12:45 PM in Judge's Chambers, Room 414 (EFM) before District Judge Eric F. Melgren. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 11/26/2012)

Nov. 26, 2012 PACER
440

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Status Conference scheduled for 12/12/2012 at 12:45 PM has been moved to Courtroom 326 before District Judge Eric F. Melgren. (cm) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
441

Joint MOTION to Sever Plaintiffs Housley and Smith by Defendants Boeing Company, The, Spirit Aerosystems(Thelen, Trisha) (Entered: 12/04/2012)

Dec. 4, 2012 RECAP
442

MOTION for Order to (1) Determine whether the single file rule applies based on this Court's decision and subsequent affirmation by the Tenth Circuit, (2) Determine the date that the statute of limitations begin to run again, and (3) To toll that date by 90 days after the Court issues a ruling on the current Motion. by Plaintiff Perry Apsley(Williamson, Lawrence) (Entered: 12/06/2012)

Dec. 6, 2012 PACER
443

MEMORANDUM IN SUPPORT of 442 MOTION for Order to (1) Determine whether the single file rule applies based on this Court's decision and subsequent affirmation by the Tenth Circuit, (2) Determine the date that the statute of limitations begin to run again, and (3) To toll t by Plaintiff Perry Apsley(Williamson, Lawrence) (Entered: 12/06/2012)

Dec. 6, 2012 PACER
444

RESPONSE by Plaintiff Henry F. Butler re 419 Order. (aa) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
445

RESPONSE by Plaintiff Sharron N. James re 419 Order. (aa) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
446

RESPONSE by Plaintiff Warren Pyles re 419 Order.(aa) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
447

RESPONSE by Plaintiff Darlene E. Rozar re 419 Order. (aa) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
448

RESPONSE by Plaintiff David L. Clay re 419 Order. (aa) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
449

RESPONSE by Defendants Boeing Company, The, Spirit Aerosystems re 442 MOTION for Order to (1) Determine whether the single file rule applies based on this Court's decision and subsequent affirmation by the Tenth Circuit, (2) Determine the date that the statute of limitations begin to run again, and (3) To toll t (Thelen, Trisha) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
450

ENTRY OF APPEARANCE by Charles E. McClellan on behalf of Boeing Company, The, Spirit Aerosystems. (McClellan, Charles) (Entered: 12/12/2012)

Dec. 12, 2012 PACER
451

MINUTE ENTRY for proceedings held before District Judge Eric F. Melgren: STATUS CONFERENCE held on 12/12/2012. (Court Reporter Jo Wilkinson.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 12/12/2012)

Dec. 12, 2012 PACER
452

ORDER. Amended complaint asserting individual claims due by 3/1/2013; parties shall confer and submit an order concerning the dismissal of those plaintiffs not pursuing individual claims by 3/8/2013; defendants' motion to sever the individual claims of the pro se plaintiffs due by 12/19/2012 and pro se plaintiffs shall have 21 days to respond. See order for further details. Signed by Magistrate Judge Karen M. Humphreys on 12/13/2012.Mailed to pro se parties Darlene E. Rozar, David L. Clay, Henry F. Butler, James Bowmaker, James Walker, Roy T. Wells, Sharron N. James, Throma A. Dyas, and Warren Pyles by regular mail.(sj) (Entered: 12/13/2012)

Dec. 13, 2012 PACER
453

MOTION to Sever Pro Se Plaintiffs by Defendants Boeing Company, The, Spirit Aerosystems(Thelen, Trisha) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
454

MEMORANDUM IN SUPPORT of 453 MOTION to Sever Pro Se Plaintiffs by Defendants Boeing Company, The, Spirit Aerosystems (Attachments: # 1 Declaration, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7, # 9 Exhibit A-8, # 10 Exhibit A-9, # 11 Exhibit A-10, # 12 Exhibit A-11, # 13 Exhibit A-12, # 14 Exhibit A-13, # 15 Exhibit A-14, # 16 Exhibit A-15, # 17 Exhibit A-16, # 18 Exhibit A-17, # 19 Exhibit A-18, # 20 Exhibit B, # 21 Exhibit C, # 22 Exhibit D, # 23 Exhibit E, # 24 Exhibit F)(Thelen, Trisha) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
455

RETURN mail received re Status Conference, 452 Order, addressed to David Clay; remailed on 12/31/2012 to P.O. Box 641. (aa) (Entered: 12/31/2012)

Dec. 28, 2012 PACER
456

MEMORANDUM AND ORDER granting 441 Plaintiffs' Motion to Sever Housley and Smith's remaining individual ADEA claims. The Clerk shall assign new docket numbers to the individual lawsuits of Housley and Smith and copy the operative complaint and answers into those dockets. Housley and Smith shall file amended complaints using their respective new case numbers by 2/11/2013. No additional filing fee is required. Signed by Magistrate Judge Karen M. Humphreys on 1/10/2013. Mailed to pro se parties James Bowmaker, Henry F. Butler, David L. Clay, Throma A. Dyas, Sharron N. James, Warren Pyles, Darlene E. Rozar, James Walker, and Roy T. Wells by regular mail. (sj) (Entered: 01/10/2013)

Jan. 10, 2013 RECAP
457

DOCKET ANNOTATION: Pursuant to Chief Magistrate Judge Humphreys' order, DE 456 in 05-1368-EFM, the cases of plaintiffs Housley and Smith vs. Boeing has been severed from the original case. All documents related to plaintiff Housley's case shall now be filed in 13-1021-EFM and all documents related to plaintiff Smith's case shall be filed in 13-1022-EFM. (cs) (Entered: 01/11/2013)

Jan. 10, 2013 PACER
458

MINUTE ORDER/NOTICE: An audio recording of the status conference conducted by Judge Karen M. Humphreys on 12/12/12 was provided to pro se plaintiff Henry F. Butler on 1/14/13 pursuant to his request. Signed by deputy clerk on 1/14/2013.Mailed to pro se parties: James Bowmaker, Henry F. Butler, David L. Clay, Throma A. Dyas, Sharron N. James, Warren Pyles, Darlene E. Rozar, James Walker and Roy T. Wells by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(vs) (Entered: 01/14/2013)

Jan. 14, 2013 PACER
459

MEMORANDUM AND ORDER granting 453 Defendants' uncontested Motion to Sever Pro Se Plaintiffs. The Clerk shall assign new docket numbers to the individual lawsuits and copy the operative complaint and answers into those dockets. The pro se plaintiffs shall file amended complaints using their respective new case numbers by February 25, 2013. Failure to file an amended complaint by February 25, 2013 may result in dismissal of the pro se plaintiff's individual lawsuit without further notice. Signed by Magistrate Judge Karen M. Humphreys on 1/24/2013. Mailed to pro se party James Bowmaker, Henry Butler, David Clay, Throma Dyas, Sharon James, Warren Pyles, Darlene Rozar, James Walker and Roy Wells by regular mail. (sj) (Entered: 01/24/2013)

Jan. 24, 2013 RECAP
460

Joint MOTION to Dismiss Party Burrows & Montgomery with Prejudice by Defendants Boeing Company, The, Spirit Aerosystems(Thelen, Trisha) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
461

DOCKET ANNOTATION: Pursuant to Chief Magistrate Judge Humphreys' order, DE 459 in 05-1368-EFM, the cases of pro se plaintiffs Bowmaker, Butler, Clay, Dyas, James, Pyles, Rozar, Walker & Wells vs. Boeing has been severed from this case. All documents related to these plaintiffs' cases shall now be filed in the individual cases and NOT in 05-1368 (cs) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
462

ORDER OF DISMISSAL WITH PREJUDICE granting 460 Motion to Dismiss Party. It is hereby ordered that any claims in the above-captioned case being asserted on behalf of Daniel Burrows and Glennys Montgomery are dismissed with prejudice, each party to bear its or his own costs and expenses, including attorneys' fees. Signed by District Judge Eric F. Melgren on 1/31/2013. (aa) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
463

AMENDED COMPLAINT against All Defendants, filed by Richard Wallin, Willard J. Ratchford, Rocky R. Burris, Henry F. Victor, Lloyd C. Fansler, Betty R. Young, Brian Groom, Jerry L. Bransteter, Gordon B. Kinkead, Linda C. Sparrar, Carlton D. Lee, Steven Ngo, Jerald J. Gilbert, Redell Coleman, James E. Porter, Albert Schloetzer, Sammy J. Smith, Larry W. James, Charles L. Bean, Jr, Melonda Bircher, Verna J. Houston, Regina Sue Walker, Danny R. Kennedy, Lowanda J. Patton, Gary Ball, Donald E. Titus, Mark McCurdy, Donald R. Jones, Richard Gotthard, Michael E. Burgardt, Sharon A. Southern, Kent W. Owen, Janet M. Wilson, Abel L. Vasquez, Harvey J. Conyac, Betty Childers, Cathy J. Munsell, Veronica Rios, Phyllis A. Cox, Gary L. Johnson, Ron W. Hendershot, James Hammon, William D. Doshier, Charles D. Elder, James C. Sheppard, Alan S. Epperson, Barbra Odom, Perry Apsley, Thomas Belton, Melvin E. Kerns, Ralph O. Keener, Stephen L. Linck, Steven M. Schwind, Denise A. Harris, Jerry L. McKinney, Sylvester Williams, II, Janet S. Hansen, Peggy S. Bell, Linda L. Dezarn, Carolyn Y. Wheaton, Charles Stark, Dale C. Jayne, Jr, Walter Woods, Jan W. Murray, Melvyn J. Johnson, Freddy J. McColpin, Paul D. Pete, Loren W. Cox, Vernon L. Bentley, Jimmy Wallace, Jimmy Le, Allen C. Hatcher, Huyen T. Nguyen, Steven Basic, Brent L. Popp, James R. Wallace, Joseph E. Schroeder, Robert W. Boyd, William H. Setchell, Teddy F. Sill, Chip Gilchrist, II, Frank Cash, Luyen D. Nguyen, Richard D. Roeder, Larry E. Combs, Jacob A. Bakk, Ba Pham, Michael B. Welsh, Jay E. Powell, Bob Bailey.(Williamson, Lawrence) (Entered: 03/01/2013)

March 1, 2013 PACER
464

MINUTE ORDER/NOTICE: An audio recording of the status conference conducted by Judge Karen M. Humphreys on 12/12/12 was provided to defense counsel on 3/5/13 pursuant to their request. Signed by deputy clerk on 3/5/2013. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(vs) (Entered: 03/05/2013)

March 5, 2013 PACER
465

Unopposed MOTION to Amend Complaint re 463 Amended Complaint,,,,,, by Plaintiffs Perry Apsley, Bob Bailey, Jacob A. Bakk, Gary Ball, Steven Basic, Charles L. Bean, Jr, Peggy S. Bell, Thomas Belton, Vernon L. Bentley, Melonda Bircher, James Bowmaker, Robert W. Boyd, Jerry L. Bransteter, Michael E. Burgardt, Rocky R. Burris, Daniel D. Burrows, Henry F. Butler, Frank Cash, Betty Childers, David L. Clay, Redell Coleman, Larry E. Combs, Harvey J. Conyac, Loren W. Cox, Phyllis A. Cox, Linda L. Dezarn, William D. Doshier, Throma A. Dyas, Charles D. Elder, Alan S. Epperson, Lloyd C. Fansler, Jerald J. Gilbert, Chip Gilchrist, II, Richard Gotthard, Brian Groom, James Hammon, Janet S. Hansen, Denise A. Harris, Allen C. Hatcher, Ron W. Hendershot, Olivia J. Housley, Verna J. Houston, Larry W. James, Sharron N. James, Dale C. Jayne, Jr, Gary L. Johnson, Melvyn J. Johnson, Donald R. Jones, Ralph O. Keener, Danny R. Kennedy, Melvin E. Kerns, Gordon B. Kinkead, Jimmy Le, Carlton D. Lee, Stephen L. Linck, Freddy J. McColpin, Mark McCurdy, Jerry L. McKinney, Glennys M. Montgomery, Cathy J. Munsell, Jan W. Murray, Steven Ngo, Huyen T. Nguyen, Luyen D. Nguyen, Barbra Odom, Kent W. Owen, Lowanda J. Patton, Paul D. Pete, Ba Pham, Brent L. Popp, James E. Porter, Jay E. Powell, Warren Pyles, Willard J. Ratchford, Veronica Rios, Richard D. Roeder, Darlene E. Rozar, Albert Schloetzer, Joseph E. Schroeder, Steven M. Schwind, William H. Setchell, James C. Sheppard, Teddy F. Sill, Debra L. Smith, Sammy J. Smith, Sharon A. Southern, Linda C. Sparrar, Charles Stark, Donald E. Titus, Abel L. Vasquez, Henry F. Victor, James Walker, Regina Sue Walker, James R. Wallace, Jimmy Wallace, Richard Wallin, Roy T. Wells, Michael B. Welsh, Carolyn Y. Wheaton, Sylvester Williams, II, Janet M. Wilson, Walter Woods, Betty R. Young (Attachments: # 1 Proposed Amended Complaint)(Williamson, Lawrence) (Entered: 03/18/2013)

March 18, 2013 PACER
466

ORDER granting 465 Plaintiffs' unopposed Motion to Amend Complaint. Plaintiffs shall file and serve their amended complaint by 3/22/2013. Signed by Magistrate Judge Karen M. Humphreys on 3/18/2013. (sj) (Entered: 03/18/2013)

March 18, 2013 PACER
467

AMENDED COMPLAINT against All Defendants, filed by Perry Apsley.(Williamson, Lawrence) (Entered: 03/22/2013)

March 22, 2013 PACER
468

MOTION to Sever by Defendants Boeing Company, The, Midwestern Aircraft, Onex Corporation, The, Spirit Aerosystems(Thelen, Trisha) (Entered: 04/05/2013)

April 5, 2013 PACER
469

MEMORANDUM IN SUPPORT of 468 MOTION to Sever by Defendants Boeing Company, The, Spirit Aerosystems (Attachments: # 1 Exhibit A-Status Hearing Transcript Citations, # 2 Exhibit Thelen Declaration)(Thelen, Trisha) (Entered: 04/05/2013)

April 5, 2013 PACER
470

Unopposed MOTION for Extension of Time to File Answer as to 467 Amended Complaint by Defendants Boeing Company, The, Spirit Aerosystems(Thelen, Trisha) Modified on 4/8/2013 to correct motion type (aa). (Entered: 04/05/2013)

April 5, 2013 PACER
471

ORDER granting 470 Defendants' Unopposed Motion for Extension of Time to Respond to Fifth Amended Complaint. If Defendants' Motion to Sever (Doc. 468) is granted, defendants must respond to the forthcoming individual complaints as required by the Federal Rules of Civil Procedure; if the motion is denied, defendants must respond to the Fifth Amended Complaint within 21 days. Signed by Magistrate Judge Karen M. Humphreys on 4/5/2013. (sj) (Entered: 04/08/2013)

April 8, 2013 PACER
472

RESPONSE by Plaintiffs Perry Apsley, Bob Bailey, Jacob A. Bakk, Gary Ball, Steven Basic, Charles L. Bean, Jr, Peggy S. Bell, Thomas Belton, Vernon L. Bentley, Melonda Bircher, James Bowmaker, Robert W. Boyd, Jerry L. Bransteter, Michael E. Burgardt, Rocky R. Burris, Daniel D. Burrows, Henry F. Butler, Frank Cash, Betty Childers, David L. Clay, Redell Coleman, Larry E. Combs, Harvey J. Conyac, Loren W. Cox, Phyllis A. Cox, Linda L. Dezarn, William D. Doshier, Throma A. Dyas, Charles D. Elder, Alan S. Epperson, Lloyd C. Fansler, Jerald J. Gilbert, Chip Gilchrist, II, Richard Gotthard, Brian Groom, James Hammon, Janet S. Hansen, Denise A. Harris, Allen C. Hatcher, Ron W. Hendershot, Olivia J. Housley, Verna J. Houston, Larry W. James, Sharron N. James, Dale C. Jayne, Jr, Gary L. Johnson, Melvyn J. Johnson, Donald R. Jones, Ralph O. Keener, Danny R. Kennedy, Melvin E. Kerns, Gordon B. Kinkead, Jimmy Le, Carlton D. Lee, Stephen L. Linck, Freddy J. McColpin, Mark McCurdy, Jerry L. McKinney, Glennys M. Montgomery, Cathy J. Munsell, Jan W. Murray, Steven Ngo, Huyen T. Nguyen, Luyen D. Nguyen, Barbra Odom, Kent W. Owen, Lowanda J. Patton, Paul D. Pete, Ba Pham, Brent L. Popp, James E. Porter, Jay E. Powell, Warren Pyles, Willard J. Ratchford, Veronica Rios, Richard D. Roeder, Darlene E. Rozar, Albert Schloetzer, Joseph E. Schroeder, Steven M. Schwind, William H. Setchell, James C. Sheppard, Teddy F. Sill, Debra L. Smith, Sammy J. Smith, Sharon A. Southern, Linda C. Sparrar, Charles Stark, Donald E. Titus, Abel L. Vasquez, Henry F. Victor, James Walker, Regina Sue Walker, James R. Wallace, Jimmy Wallace, Richard Wallin, Roy T. Wells, Michael B. Welsh, Carolyn Y. Wheaton, Sylvester Williams, II, Janet M. Wilson, Walter Woods, Betty R. Young re 468 MOTION to Sever (Williamson, Lawrence) (Entered: 04/17/2013)

April 17, 2013 PACER
473

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Douglas L. Stanley as to Boeing Company, The, Spirit Aerosystems (Thelen, Trisha) (Entered: 04/24/2013)

April 24, 2013 PACER
474

REPLY to Response to Motion by Defendants Boeing Company, The, Spirit Aerosystems re: 468 MOTION to Sever (Thelen, Trisha) Modified on 4/24/2013 to correct title (alm). (Entered: 04/24/2013)

April 24, 2013 PACER
475

ORDER. With reference to 468 defendants' motion to sever the individual ADEA disparate treatment claims, the parties shall confer and submit a report to the chambers of the undersigned judge by 5/21/2013 addressing: 1) the nature and extent of the remaining discovery and 2) the parties' suggestions for a master schedule. Signed by Magistrate Judge Karen M. Humphreys on 5/13/2013. (sj) (Entered: 05/13/2013)

May 13, 2013 PACER
476

MEMORANDUM AND ORDER denying without prejudice 468 Defendants' Motion to Sever. Signed by Magistrate Judge Karen M. Humphreys on 7/15/2013. (sj) (Entered: 07/15/2013)

July 15, 2013 RECAP
477

ANSWER to 467 Amended Complaint by Boeing Company, The, Spirit Aerosystems.(Thelen, Trisha) (Entered: 08/05/2013)

Aug. 5, 2013 PACER
478

ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 9/10/2013 at 10:00 AM by telephone before Magistrate Judge Karen M. Humphreys. Report of Parties' Planning Meeting deadline 9/3/2013. Signed by Magistrate Judge Karen M. Humphreys on 8/6/2013. (sj) (Entered: 08/06/2013)

Aug. 6, 2013 PACER
479

MEMORANDUM AND ORDER granting in part and denying in part 431 Motion to Produce; granting in part and denying in part 432 Motion to Produce. Defendants' Bill of Costs 417 is allowed as stated in this order. Signed by District Judge Eric F. Melgren on 8/26/2013. (cm) (Entered: 08/26/2013)

Aug. 26, 2013 RECAP
480

SCHEDULING ORDER: Status Conference set for 3/4/2014 at 11:00 AM by telephone before Magistrate Judge Karen M. Humphreys; discovery deadline 9/10/2014; dispositive motion deadline 10/10/2014; proposed pretrial order due by 9/22/2014; final pretrial conference set for 9/26/2014 at 11:00 AM by telephone before Magistrate Judge Karen M. Humphreys. Signed by Magistrate Judge Karen M. Humphreys on 9/11/2013. (sj) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
481

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Uzo Ohaebosim and Monique Centenno as to All Plaintiffs (Williamson, Lawrence) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
482

NOTICE OF APPEAL as to 479 Order on Motion to Produce,,, by Plaintiff Perry Apsley. (Williamson, Lawrence) (Entered: 09/24/2013)

Sept. 24, 2013 PACER
483

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 482 Notice of Appeal - Final Judgment. (Attachments: # 1 Preliminary Packet)(aa) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
484

NOTICE OF SERVICE by Boeing Company, The, Spirit Aerosystems of Discovery (McClellan, Charles) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
485

APPEAL DOCKETED in 10CCA on 09/25/2013 and assigned Appeal No. 13-3240 re 482 Notice of Appeal - Final Judgment filed by Perry Apsley. The Fee and Docketing statement due 10/09/2013 for Perry Apsley, et al.Transcript order form due 10/09/2013 for Lawrence W. Williamson, Jr. Notice of appearance due on 10/09/2013 for Perry Apsley, Bob Bailey, Jacob A. Bakk, Gary Ball, Steven Basic, Charles L. Bean Jr., Peggy S. Bell, Thomas Belton, Vernon L. Bentley, Melonda Bircher, James Bowmaker, Robert W. Boyd, Jerry L. Bransteter, Michael E. Burgardt, Rocky R. Burris, Daniel D. Burrows, Frank Cash, Betty Childers, Redell Coleman, Larry E. Combs, Harvey J. Conyac, Loren W. Cox, Phyllis A. Cox, Linda L. Dezarn, William D. Doshier, Charles D. Elder, Alan S. Epperson, Lloyd C. Fansler, Jerald J. Gilbert, Chip Gilchrist II, Richard Gotthard, Brian Groom, James Hammon, Janet S. Hansen, Denise A. Harris, Allen C. Hatcher, Ron W. Hendershot, Verna J. Houston, Larry W. James, Dale C. Jayne Jr., Gary L. Johnson, Melvyn J. Johnson, Donald R. Jones, Ralph O. Keener, Danny R. Kennedy, Melvin E. Kerns, Gordon B. Kinkead, Jimmy Le, Carlton D. Lee, Stephen L. Linck, Freddy J. McColpin, Mark McCurdy, Jerry L. McKinney, Glennys M. Montgomery, Cathy J. Munsell, Jan W. Murray, Steven Ngo, Huyen T. Nguyen, Luyen D. Nguyen, Barbra Odom, Kent W. Owen, Lowanda J. Patton, Paul D. Pete, Ba Pham, Brent L. Popp, James E. Porter, Jay E. Powell, Willard J. Ratchford, Veronica Rios, Richard D. Roeder, Albert Schloetzer, Joseph E. Schroeder, Steven M. Schwind, William H. Setchell, James C. Sheppard, Teddy F. Sill, Debra L. Smith, Sammy J. Smith, Sharon A. Southern, Linda C. Sparrar, Spirit Aerosystems, Inc., Charles Stark, The Boeing Company, Donald E. Titus, Abel L. Vasquez, Henry F. Victor, James Walker, Regina Sue Walker, James R. Wallace, Unit Manager, Jimmy Wallace, Richard Wallin, Michael B. Welsh, Carolyn Y. Wheaton, Sylvester Williams II, Janet M. Wilson, Walter Woods and Betty R. Young. (aa) (Entered: 09/26/2013)

Sept. 25, 2013 PACER

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 19, 2005

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees at the Wichita and Oklahoma facilities of the Boeing Company who were not offered jobs during the layoff and rehire process in connection with the sale of these facilities to Spirit Aerosystems Inc.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Boeing Company (Chicago), Private Entity/Person

Onex Corporation (New York City), Private Entity/Person

Spirit Aerosystems (Wichita, Wichita), Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

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

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Record-keeping

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Pay / Benefits

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified