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

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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 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.

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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)

Attorney for Plaintiff

Basic, Steven (Kansas)

Bowmaker, James (Kansas)

Butler, Henry F. (Kansas)

Attorney for Defendant

Armstrong, James M. (Kansas)

Judge(s)

Belot, Monti L. (Kansas)

Humphreys, Karen M. (Kansas)

Melgren, Eric F. (Kansas)

Attorney for Plaintiff

Basic, Steven (Kansas)

Bowmaker, James (Kansas)

Butler, Henry F. (Kansas)

Centeno, Monique K. (Kansas)

Clay, David L. (Kansas)

Dyas, Throma A. (Kansas)

Gore, James E (Mississippi)

James, Sharron N. (Kansas)

McCausland, Paul S (Kansas)

Ohaebosim, Uzo L. (Kansas)

Pyles, Warren (Kansas)

Rozar, Darlene E. (Kansas)

Walker, James (Kansas)

Wells, Roy T. (Kansas)

Williamson, Lawrence W. Jr. (Kansas)

Attorney 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)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
6:05-cv-01368	Docket [PACER]	Aug. 14, 2015	Aug. 14, 2015 Docket
1 6:05-cv-01368	Complaint-Class Action	Dec. 9, 2005	Dec. 9, 2005 Complaint
118 6:05-cv-01368	Order conditionally certifying class	Nov. 15, 2006	Nov. 15, 2006 Order/Opinion
139 6:05-cv-01368	Memorandum and Order	Dec. 18, 2006	Dec. 18, 2006 Order/Opinion
145 6:05-cv-01368	Order granting in part motion to compel	Jan. 18, 2007	Jan. 18, 2007 Order/Opinion 2007 WL 163201
218 6:05-cv-01368	Order granting in part motion to compel interrogatories	Oct. 24, 2007	Oct. 24, 2007 Order/Opinion 2007 WL 3120712
222 6:05-cv-01368	Order granting summary judgment	Oct. 30, 2007	Oct. 30, 2007 Order/Opinion 2007 WL 3231526
233 6:05-cv-01368	Memorandum and Order	Jan. 22, 2008	Jan. 22, 2008 Order/Opinion 2008 WL 191418
239 6:05-cv-01368	Memorandum and Order	May 21, 2008	May 21, 2008 Order/Opinion
267 6:05-cv-01368	Memorandum and Order Apsley v. The Boeing Company	Dec. 9, 2008	Dec. 9, 2008 Order/Opinion 2008 WL 5211001

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Docket

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

Last updated May 1, 2025, 1:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT No Summons Issued with trial location of Wichita, Kansas, filed by Gary L Johnson, Melvyn J. Johnson, Donald R. Jones, Ralph O. Keener, Danny R. Kennedy, Melvin E. Kerns, Gordon B. Kinkead, Gary Ball, Jimmy Le, Carlton E. Lee, Stephen L. Linck, Freddy J. McColpin, Glennys M. Montgomery, Cathy J. Munsell, Jan W. Murrary, Huyen T. Nguyen, Luyen D. Nguyen, Kent W. Owen, Peggy Bell, Lowanda J. Patton, Paul D. Pete, Brent L. Popp, James E. Porter, Jay E. Powell, Warren Pyles, Willard J. Ratchford, Veronica Rios, Richard D. Roeder, Darlene E. Rozar, Thomas Belton, Albert Schloetzer, William H. Setchell, James C. Sheppard, Debra L Smith, Sammy J. Smith, Sharon A. Southern, Linda C. Sparrar, Abel L. Vasquez, Henry F. Victor, James Walker, Melonda Bircher, James R. Wallace, Carolyn Y. Wheaton, Sylvester Williams, II, Janet M. Wilson, Walter Woods, Betty R. Young, James Bowmaker, Jerry L. Bransteter, Michael E. Burgardt, Perry Apsley, Rocky R. Burris, Daniel D. Burrows, Henry F Butler, Betty Childers, David L. Clay, Larry E. Combs, Harvey J. Conyac, Loren W. Cox, Phyllis Cox, Linda L. Dezarn, Bob Bailey, William D. Doshier, Throma A. Dyas, Alan S. Epperson, Lloyd C. Fansler, Jerald J. Gilbert, Richard Gotthard, Brian Groom, Denise A. Harris, Ron W. Hendershot, Olivia J Housley, Jacob A. Bakk, Verna J. Houston, Larry W. James, Sharron N. James.(rm, ) (Entered: 12/19/2005)	Dec. 19, 2005	Dec. 19, 2005 PACER
	FILING FEE PAID: in the amount of $ 250, receipt number 4631000122 (rm, )	Dec. 19, 2005	Dec. 19, 2005 PACER
	Minute Entry : Magistrate Judge Karen M. Humphreys added. Magistrate Judge Donald W. Bostwick no longer assigned to case. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (aw )	Dec. 20, 2005	Dec. 20, 2005 PACER
2	AMENDED COMPLAINT against all defendants, filed by Gary L Johnson, Melvyn J. Johnson, Donald R. Jones, Ralph O. Keener, Danny R. Kennedy, Melvin E. Kerns, Gordon B. Kinkead, Gary Ball, Jimmy Le, Carlton D Lee, Stephen L. Linck, Freddy J. McColpin, Glennys M. Montgomery, Cathy J. Munsell, Jan W Murray, Huyen T. Nguyen, Luyen D. Nguyen, Kent W. Owen, Peggy Bell, Lowanda J. Patton, Paul D. Pete, Brent L. Popp, James E. Porter, Jay E. Powell, Warren Pyles, Willard J. Ratchford, Veronica Rios, Richard D. Roeder, Darlene E. Rozar, Thomas Belton, Albert Schloetzer, William H. Setchell, James C. Sheppard, Debra L Smith, Sammy J. Smith, Sharon A. Southern, Linda C. Sparrar, Abel L. Vasquez, Henry F. Victor, James Walker, Melonda Bircher, James R. Wallace, Carolyn Y. Wheaton, Sylvester Williams, II, Janet M. Wilson, Walter Woods, Betty R. Young, James Bowmaker, Vernon L Bentley, Redell Coleman, Charles D Elder, Chip Gilchrist, II, Janet S Hansen(Individually and on behalf of those similarly situated), Jerry L McKinney, Joseph E Schroeder, Steven M Schwind, Teddy E Sill, Charles Stark, Roy T Wells, Michael Welsh, Charles L Bean, Jr, James Hammon, Janet S Hansen, Allen C Hatcher, Mark McCurdy, Steven Ngo, Ba Pham, Donald E Titus, Jimmy Wallace, Jerry L. Bransteter, Michael E. Burgardt, Perry Apsley, Rocky R. Burris, Daniel D. Burrows, Henry F Butler, Betty Childers, David L. Clay, Larry E. Combs, Harvey J. Conyac, Loren W. Cox, Phyllis A Cox, Linda L. Dezarn, Bob Bailey, William D. Doshier, Throma A. Dyas, Alan S. Epperson, Lloyd C. Fansler, Jerald J. Gilbert, Richard Gotthard, Brian Groom, Denise A. Harris, Ron W. Hendershot, Olivia J Housley, Jacob A. Bakk, Verna J. Houston, Larry W. James, Sharron N. James.(Williamson, Lawrence) (Entered: 02/27/2006)	Feb. 27, 2006	Feb. 27, 2006 PACER
3	NOTICE of Voluntary Dismissal by all plaintiffs against Midwestern Aircraft pursuant to Fed. R. Civ. 41(a)(1)(i) (Williamson, Lawrence) (Entered: 02/27/2006)	Feb. 27, 2006	Feb. 27, 2006 PACER
4	MOTION for extension of time to file Motion for Class Certification by Plaintiff Perry Apsley (Williamson, Lawrence) (Entered: 02/27/2006)	Feb. 27, 2006	Feb. 27, 2006 PACER
5	NOTICE of consent to sue by Perry Apsley all plantiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
6	NOTICE of consent to sue by Perry Apsley all plantiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
7	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
8	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
9	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
10	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
11	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
12	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
13	NOTICE of consent to sue by Perry Apsley all palintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
14	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 02/28/2006)	Feb. 28, 2006	Feb. 28, 2006 PACER
	Summons Issued as to Boeing Company, The, Onex Corporation, The, Spirit Aerosystems. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (rm, )	March 1, 2006	March 1, 2006 PACER
15	ORDER granting 4 Plaintiffs' Motion for Extension of Time to File Motion for Class Certification. The deadline will be established at the scheduling conference. Signed by Magistrate Judge Karen M. Humphreys on 3/1/06. (vs) (Entered: 03/01/2006)	March 1, 2006	March 1, 2006 PACER
16	NOTICE of Consent To Sue by Perry Apsley and all Plaintiff`s (Williamson, Lawrence) (Entered: 03/03/2006)	March 3, 2006	March 3, 2006 PACER
17	NOTICE of Consent to Sue by Perry Apsley and all Plaintiff`s (Williamson, Lawrence) (Entered: 03/03/2006)	March 3, 2006	March 3, 2006 PACER
18	Summons Returned Executed -- Certified Mail by Perry Apsley upon Spirit Aerosystems served on 3/2/2006, answer due 3/22/2006 (Williamson, Lawrence) (Entered: 03/03/2006)	March 3, 2006	March 3, 2006 PACER
19	Summons Returned Executed -- Certified Mail by Perry Apsley upon Boeing Company, The served on 3/2/2006, answer due 3/22/2006 (Williamson, Lawrence) (Entered: 03/03/2006)	March 3, 2006	March 3, 2006 PACER
	DOCKET ANNOTATION: 6 Notice (Other) filed by Perry Apsley; page 12 of docket entry 6 contains two pages which were overlapped when scanned, obscuring one of them; per the office of plaintiff's counsel, the obsured page is the consent of Harold Dudley, which can be seen in its entirety as page 9 of the same docket entry (DE 6) (cs, ) Modified on 3/7/2006 to correct typo (cs, ).	March 7, 2006	March 7, 2006 PACER
20	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/08/2006)	March 8, 2006	March 8, 2006 PACER
21	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 03/10/2006)	March 10, 2006	March 10, 2006 PACER
22	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/16/2006)	March 16, 2006	March 16, 2006 PACER
23	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/16/2006)	March 16, 2006	March 16, 2006 PACER
24	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/16/2006)	March 16, 2006	March 16, 2006 PACER
25	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006 PACER
26	ENTRY OF APPEARANCE by Trisha A. Thelen on behalf of Boeing Company, The, Onex Corporation, The, Spirit Aerosystems. (Thelen, Trisha) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006 PACER
27	ENTRY OF APPEARANCE by James M. Armstrong on behalf of Boeing Company, The, Onex Corporation, The, Spirit Aerosystems. (Armstrong, James) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006 PACER
28	ENTRY OF APPEARANCE by Carolyn L. Matthews on behalf of Boeing Company, The, Onex Corporation, The, Spirit Aerosystems. (Matthews, Carolyn) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006 PACER
29	ENTRY OF APPEARANCE by Douglas L. Stanley on behalf of Boeing Company, The, Onex Corporation, The, Spirit Aerosystems. (Stanley, Douglas) (Entered: 03/21/2006)	March 21, 2006	March 21, 2006 PACER
30	CLERK'S ORDER extending time until 4/3/06 for Defendants Boeing Company, The, Spirit Aerosystems to answer or otherwise plead. Signed by deputy clerk on 3/21/06.(cs, ) (Entered: 03/22/2006)	March 21, 2006	March 21, 2006 PACER
31	CLERK'S ORDER extending time until 4/13/06 for Defendants Onex Corporation, to answer or otherwise plead. Signed by deputy clerk on 3/23/06.(cs, ) (Entered: 03/23/2006)	March 23, 2006	March 23, 2006 PACER
32	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/24/2006)	March 24, 2006	March 24, 2006 PACER
33	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006 PACER
34	Summons Returned Executed -- certified mail by Perry Apsley upon Onex Corporation, The served on 3/10/2006, answer due 4/13/2006 (Williamson, Lawrence) (Entered: 03/27/2006)	March 27, 2006	March 27, 2006 PACER
35	NOTICE of conesent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/28/2006)	March 28, 2006	March 28, 2006 PACER
36	MOTION for Leave to Amend Complaint re 1 Complaint,,,,,, 2 Amended Complaint,,,,,, by Plaintiff Perry Apsley (Attachments: # 1 Exhibit Proposed Amended Complaint) (Williamson, Lawrence) (Entered: 03/29/2006)	March 29, 2006	March 29, 2006 PACER
37	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/29/2006)	March 29, 2006	March 29, 2006 PACER
38	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 03/31/2006)	March 31, 2006	March 31, 2006 PACER
39	ORDER granting 36 Plaintiff's unopposed Motion to Amend Complaint and Add Parties. Second Amended Complaint to be filed within 10 days. Signed by Magistrate Judge Karen M. Humphreys on 3/31/06. (sj) (Entered: 03/31/2006)	March 31, 2006	March 31, 2006 PACER
40	AMENDED COMPLAINT against all defendants, filed by Perry Apsley.(Williamson, Lawrence) (Entered: 04/03/2006)	April 3, 2006	April 3, 2006 PACER
41	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 04/04/2006)	April 4, 2006	April 4, 2006 PACER
42	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 04/04/2006)	April 4, 2006	April 4, 2006 PACER
43	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 04/04/2006)	April 4, 2006	April 4, 2006 PACER
44	NOTICE of consent to sue by Perry Apsley all plaintiffs (Williamson, Lawrence) (Entered: 04/04/2006)	April 4, 2006	April 4, 2006 PACER
45	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/05/2006)	April 5, 2006	April 5, 2006 PACER
46	NOTICE of consent to sue by Perry Apsley all plaintiff`s (Williamson, Lawrence) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006 PACER
47	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/06/2006)	April 6, 2006	April 6, 2006 PACER
48	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/07/2006)	April 7, 2006	April 7, 2006 PACER
49	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/07/2006)	April 7, 2006	April 7, 2006 PACER
50	INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Telephone Scheduling Conference set for 5/25/2006 at 10:00 AM before Magistrate Judge Karen M. Humphreys. Report of Parties' Planning Meeting deadline 5/18/2006. Signed by Magistrate Judge Karen M. Humphreys on 4/11/06.(sj) (Entered: 04/11/2006)	April 11, 2006	April 11, 2006 PACER
51	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/12/2006)	April 12, 2006	April 12, 2006 PACER
52	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/13/2006)	April 13, 2006	April 13, 2006 PACER
53	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/14/2006)	April 14, 2006	April 14, 2006 PACER
54	ANSWER to Amended Complaint by Boeing Company, The, Onex Corporation, The, Spirit Aerosystems.(Armstrong, James) (Entered: 04/17/2006)	April 17, 2006	April 17, 2006 PACER
55	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 04/28/2006)	April 28, 2006	April 28, 2006 PACER
56	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 05/04/2006)	May 4, 2006	May 4, 2006 PACER
57	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 05/08/2006)	May 8, 2006	May 8, 2006 PACER
58	NOTICE OF SERVICE by Perry Apsley of Discovery to The Boeing Company and Spirit Aerospace (Williamson, Lawrence) (Entered: 05/09/2006)	May 10, 2006	May 10, 2006 PACER
59	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 05/11/2006)	May 11, 2006	May 11, 2006 PACER
60	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 05/12/2006)	May 12, 2006	May 12, 2006 PACER
61	MINUTE ORDER. At the request of counsel, the scheduling conference set on 5/25/2006 at 10:00 a.m. shall be conducted in person in the Courtroom of Magistrate Judge Karen M. Humphreys. Signed by deputy clerk on 5/19/06.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(sj) (Entered: 05/19/2006)	May 19, 2006	May 19, 2006 PACER
62	NOTICE OF SERVICE by Perry Apsley of Discovery (Williamson, Lawrence) (Entered: 05/19/2006)	May 19, 2006	May 19, 2006 PACER
63	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 05/22/2006)	May 22, 2006	May 22, 2006 PACER
64	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 05/23/2006)	May 23, 2006	May 23, 2006 PACER
65	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 05/24/2006)	May 24, 2006	May 24, 2006 PACER
	Minute Entry for proceedings held before Magistrate Judge Karen M. Humphreys: Scheduling Conference held on 5/25/2006. Tape #(10:11-11:00). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sj)	May 25, 2006	May 25, 2006 PACER
66	SCHEDULING ORDER: Status Conference set for 10/4/2006 at 10:00 AM before Magistrate Judge Karen M. Humphreys. Signed by Magistrate Judge Karen M. Humphreys on 5/26/06.(sj) (Entered: 05/26/2006)	May 26, 2006	May 26, 2006 PACER
67	NOTICE OF SERVICE by Boeing Company, The, Onex Corporation, The, Spirit Aerosystems of First Discovery Requests to Plaintiffs (Matthews, Carolyn) (Entered: 05/26/2006)	May 26, 2006	May 26, 2006 PACER
68	Unopposed MOTION for extension of time to respond to plaintiffs' discovery requests by Defendants Boeing Company, The, Onex Corporation, The, Spirit Aerosystems (Matthews, Carolyn) (Entered: 05/30/2006)	May 30, 2006	May 30, 2006 PACER
69	ORDER granting 68 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Discovery Requests. Deadline extended to 7/12/2006. See order for details. Signed by Magistrate Judge Karen M. Humphreys on 5/30/06. (sj) (Entered: 05/30/2006)	May 30, 2006	May 30, 2006 PACER
70	AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Karen M. Humphreys on 5/31/06. (sj) (Entered: 05/31/2006)	May 31, 2006	May 31, 2006 PACER
71	NOTICE of Service of Subpoena Pursuant to Rule 45 by Perry Apsley et al. (Williamson, Lawrence) (Entered: 06/07/2006)	June 7, 2006	June 7, 2006 PACER
72	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 06/14/2006)	June 14, 2006	June 14, 2006 PACER
73	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 06/26/2006)	June 26, 2006	June 26, 2006 PACER
74	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 06/28/2006)	June 28, 2006	June 28, 2006 PACER
75	NOTICE OF SERVICE by Perry Apsley of Initial Disclosures (Williamson, Lawrence) (Entered: 06/30/2006)	June 30, 2006	June 30, 2006 PACER
76	NOTICE OF SERVICE by Boeing Company, The, Onex Corporation, The, Spirit Aerosystems of Defendants' Initial Disclosures (Thelen, Trisha) (Entered: 06/30/2006)	June 30, 2006	June 30, 2006 PACER
77	NOTICE of consent to sue by Perry Apsley and all plaintiff`s (Williamson, Lawrence) (Entered: 07/12/2006)	July 12, 2006	July 12, 2006 PACER
78	NOTICE of consent to sue by Perry Apsley and all plaintiffs (Williamson, Lawrence) (Entered: 07/24/2006)	July 24, 2006	July 24, 2006 PACER
79	MOTION to Certify Class Conditionally and Notice by Plaintiff Perry Apsley (Williamson, Lawrence) (Entered: 07/27/2006)	July 27, 2006	July 27, 2006 PACER
80	MEMORANDUM IN SUPPORT of 79 MOTION to Certify Class Conditionally and Notice by Plaintiff Perry Apsley (Attachments: # 1 Declaration of Lawrence W. Williamson, Jr.# 2 Proposed Notice of Action)(Williamson, Lawrence) (Entered: 07/27/2006)	July 27, 2006	July 27, 2006 PACER
81	EXHIBIT(S) IN SUPPORT of 79 MOTION to Certify Class Conditionally and Notice by Plaintiff Perry Apsley Exhibit 1 (Williamson, Lawrence) (Entered: 07/28/2006)	July 28, 2006	July 28, 2006 PACER
82	NOTICE of Withdrawal of Consent to Join Action of James Woods by Perry Apsley (Williamson, Lawrence) (Entered: 07/28/2006)	July 28, 2006	July 28, 2006 PACER
83	NOTICE OF SERVICE by Perry Apsley of Responses to Defendants' First Set of Requests for Production (Williamson, Lawrence) (Entered: 08/02/2006)	Aug. 2, 2006	Aug. 2, 2006 PACER
84	Unopposed MOTION for Extension of Time to File Response as to 79 MOTION to Certify Class Conditionally and Notice by Defendants Boeing Company, The, Onex Corporation, The, Spirit Aerosystems (Matthews, Carolyn) (Entered: 08/08/2006)	Aug. 8, 2006	Aug. 8, 2006 PACER
85	ORDER granting 84 Motion for Extension of Time to File Response to Plaintiffs' Motion for Conditional Class Certification. Signed by Judge Monti L Belot on 8/10/06. (jh) (Entered: 08/10/2006)	Aug. 10, 2006	Aug. 10, 2006 PACER
86	NOTICE of Consent to Sue by Perry Apsley and all Plaintiff`s (Williamson, Lawrence) (Entered: 08/14/2006)	Aug. 14, 2006	Aug. 14, 2006 PACER
87	ENTRY OF APPEARANCE by Monique K. Centeno on behalf of Gary L Johnson, Melvyn J. Johnson, Donald R. Jones, Ralph O. Keener, Danny R. Kennedy, Melvin E. Kerns, Gordon B. Kinkead, Gary Ball, Jimmy Le, Carlton D Lee, Stephen L. Linck, Freddy J. McColpin, Glennys M. Montgomery, Cathy J. Munsell, Jan W Murray, Huyen T. Nguyen, Luyen D. Nguyen, Kent W. Owen, Peggy S Bell, Lowanda J. Patton, Paul D. Pete, Brent L. Popp, James E. Porter, Jay E. Powell, Warren Pyles, Willard J. Ratchford, Veronica Rios, Richard D. Roeder, Darlene E. Rozar, Thomas Belton, Albert Schloetzer, William H. Setchell, James C. Sheppard, Debra L Smith, Sammy J. Smith, Sharon A. Southern, Linda C. Sparrar, Abel L. Vasquez, Henry F. Victor, James Walker, Melonda Bircher, James R. Wallace, Carolyn Y. Wheaton, Sylvester Williams, II, Janet M. Wilson, Walter Woods, Betty R. Young, James Bowmaker, Vernon L Bentley, Redell Coleman, Charles D Elder, Chip Gilchrist, II, Janet S Hansen, Jerry L McKinney, Joseph E Schroeder, Steven M Schwind, Teddy F Sill, Charles Stark, Roy T Wells, Michael B Welsh, Charles L Bean, Jr, James Hammon, Allen C Hatcher, Mark McCurdy, Steven Ngo, Ba Pham, Donald E Titus, Jimmy Wallace, Jerry L. Bransteter, Michael E. Burgardt, Perry Apsley, Rocky R. Burris, Daniel D. Burrows, Barbra Odom, Henry F Butler, Frank Cash, Richard Wallin, Dale C Jayne, Jr, Betty Childers, David L. Clay, Larry E. Combs, Harvey J. Conyac, Loren W. Cox, Phyllis A Cox, Linda L. Dezarn, Bob Bailey, William D. Doshier, Throma A. Dyas, Alan S. Epperson, Lloyd C. Fansler, Jerald J. Gilbert, Richard Gotthard, Brian Groom, Denise A. Harris, Ron W. Hendershot, Olivia J Housley, Jacob A. Bakk, Verna J. Houston, Larry W. James, Sharron N. James. (Centeno, Monique) (Entered: 08/15/2006)	Aug. 15, 2006	Aug. 15, 2006 PACER
88	NOTICE of Withdrawal of Consent by Perry Apsley for Kim B. Nixon (Centeno, Monique) (Entered: 08/15/2006)	Aug. 15, 2006	Aug. 15, 2006 PACER
89	NOTICE OF SERVICE by Boeing Company, The, Spirit Aerosystems of Discovery Responses to Plaintiffs' 1st and 2nd Sets of Certification Requests (Thelen, Trisha) (Entered: 08/21/2006)	Aug. 21, 2006	Aug. 21, 2006 PACER
90	RESPONSE by Defendants Boeing Company, The, Onex Corporation, The, Spirit Aerosystems re 79 MOTION to Certify Class Conditionally and Notice (Matthews, Carolyn) (Entered: 08/24/2006)	Aug. 24, 2006	Aug. 24, 2006 PACER
91	Joint MOTION for extension of time to File Motions to Compel by Defendants Boeing Company, The, Onex Corporation, The, Spirit Aerosystems (Matthews, Carolyn) (Entered: 09/01/2006)	Sept. 1, 2006	Sept. 1, 2006 PACER
92	NOTICE OF SERVICE by Boeing Company, The of Boeing's Answers and Objections to Plaintiffs' First Set of Certification Interrogatories (Matthews, Carolyn) (Entered: 09/01/2006)	Sept. 1, 2006	Sept. 1, 2006 PACER
93	ORDER granting 91 the parties' joint Motion for Extension of Time to 9/26/06 to file motions to compel. Signed by Magistrate Judge Karen M. Humphreys on 9/5/06. (vs) (Entered: 09/05/2006)	Sept. 5, 2006	Sept. 5, 2006 PACER
94	NOTICE OF SERVICE by Perry Apsley of Plaintiffs Responses to Defendants' First Set of Interrogatories (Williamson, Lawrence) (Entered: 09/05/2006)	Sept. 5, 2006	Sept. 5, 2006 PACER
95	REPLY to Response to Motion by Plaintiff Perry Apsley re: 79 MOTION to Certify Class Conditionally and Notice (Williamson, Lawrence) (Entered: 09/07/2006)	Sept. 7, 2006	Sept. 7, 2006 PACER

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Case Details

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

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

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

Boeing Company (Chicago), Private Entity/Person

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

Defendant Type(s):

Transportation