Case: Cooper v. IBM Personal Pension Plan

3:99-cv-00829 | U.S. District Court for the Southern District of Illinois

Filed Date: Nov. 1, 1999

Closed Date: Jan. 16, 2007

Clearinghouse coding complete

Case Summary

On October 16, 2005 the plaintiffs filed a lawsuit based on the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §1001 against IBM Personal Pension Plan in United States District Court for the Southern District of Illinois. The plaintiffs alleged that amendments made to their pension plans when it was transformed from a traditional cash balance plan to a defined benefit plan based on a point system constituted age discrimination. Specifically they alleged that the change…

On October 16, 2005 the plaintiffs filed a lawsuit based on the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §1001 against IBM Personal Pension Plan in United States District Court for the Southern District of Illinois. The plaintiffs alleged that amendments made to their pension plans when it was transformed from a traditional cash balance plan to a defined benefit plan based on a point system constituted age discrimination. Specifically they alleged that the changes were discriminatory because rather than defining benefits by salary at retirement the plan now defined benefits based on time served and salary and awarded interest to employees who left IBM before retirement. Hence the benefits for an employee who spent 20 years at IBM between the ages of 25 and 45 would be greater than those for an employee who spent 20 years at IBM at the same salary between the ages of 45 and 65. The plaintiffs, represented by private counsel, sought damages and attorneys' fees and costs.

On September 17, 2001 the district court (Judge Murphy) certified the suit as a class action and separated three classes depending on how long the relevant members had been with IBM. On July 31, 2003 the court granted the plaintiffs summary judgment and found that the pension plan did discriminate based on age. Before appeal the case moved to the determination of damages and two settlement agreements were reached with the subclasses and were approved by the court on January 10, 2005 and August 16, 2005. The settlement agreement set total damages to be paid to the plaintiff's and their attorneys at $1,714,293,000 should the district court's ruling regarding liability be upheld on appeal.

The Seventh Circuit Court of Appeals (Judge Easterbrook, Judge Bauer, and Judge Manion) heard arguments on February 16, 2006 and reversed the district court on August 7, 2006. The court held that the alleged age discrimination stemmed only from the effect of time on money through compound interest and that this did not constitute age discrimination. The case was concluded on January 16, 2007 when the Supreme Court denied plaintiffs' petition for a writ of certiorari.

Summary Authors

Michael Perry (8/21/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4741019/parties/cooper-v-ibm-personal-pension/


Judge(s)

Bauer, William Joseph (Illinois)

Cohn, Gerald B. (Illinois)

Easterbrook, Frank Hoover (Illinois)

Manion, Daniel Anthony (Indiana)

Murphy, G. Patrick (Illinois)

Attorneys(s) for Plaintiff

Carr, William K. (Colorado)

Evans, John (Colorado)

Freeman, Lee A. Jr. (Illinois)

Hill, Robert F. (Colorado)

Katz, Steven A. (Illinois)

Judge(s)

Bauer, William Joseph (Illinois)

Cohn, Gerald B. (Illinois)

Easterbrook, Frank Hoover (Illinois)

Manion, Daniel Anthony (Indiana)

Murphy, G. Patrick (Illinois)

Attorneys(s) for Plaintiff

Carr, William K. (Colorado)

Evans, John (Colorado)

Freeman, Lee A. Jr. (Illinois)

Hill, Robert F. (Colorado)

Katz, Steven A. (Illinois)

Sprong, Douglas (Missouri)

Attorneys(s) for Defendant

Hess, Frederick J (Illinois)

Horne, Michael (District of Columbia)

Huvelle, Jeffrey G. (District of Columbia)

Remes, David H. (District of Columbia)

Rosenberg, Donald (New York)

Sonnenschein, Eric (District of Columbia)

Vetter, Douglas (New York)

Wick, Robert (District of Columbia)

Other Attorney(s)

Bruce, Stephen (District of Columbia)

Hamilton, Charles III (Louisiana)

Mason, Kent A. (District of Columbia)

McTeague, Patrick (Maine)

Signorille, Mary E. (District of Columbia)

Expert/Monitor/Master

Young, Jeffrey Neil (Maine)

Documents in the Clearinghouse

Document

Docket

U. S. Court of Appeals for the Seventh Circuit

Jan. 22, 2007 Docket

Docket [PACER]

Feb. 11, 2008 Docket
41

Second Amended Complaint

Oct. 16, 2000 Complaint
193

Order (Granting plaintiff's motion for summary judgment and denying defendant's motion to dismiss)

274 F.Supp.2d 1010

July 31, 2003 Order/Opinion
285

Final Order as to Subclass 3

Jan. 10, 2005 Order/Opinion
358

Memorandum and Order (Awarding fees and costs)

2005 WL 1981501, 2005 U.S.Dist.LEXIS 17071

Aug. 16, 2005 Order/Opinion
359

Memorandum and Order (Approving settlement agreement as to subclasses 1 and 2).

Aug. 16, 2005 Order/Opinion
360

Judgment in a Civil Case

Aug. 16, 2005 Order/Opinion

Opinion (Reversing the District Court)

U. S. Court of Appeals for the Seventh Circuit

457 F.3d 636

Aug. 7, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4741019/cooper-v-ibm-personal-pension/

Last updated May 20, 2022, 1:42 a.m.

ECF Number Description Date Link
358

ORDER: GRANTING 351 Final MOTION for Settlement Approval filed by Kathi Cooper. GRANTING 352 MOTION for Attorney Fees, Costs, and Incentive Awards filed by Kathi Cooper. Signed by Judge G. Patrick Murphy on 8/16/05. (lmc)

Aug. 16, 2005 RECAP
1

COMPLAINT Filing fee pd $ 150.00 receipt # 300 63667 (car) (Entered: 11/02/1999)

Nov. 1, 1999

Magistrate identification: Mag/Judge Clifford J. Proud (car) (Entered: 11/02/1999)

Nov. 1, 1999
359

ORDER. Signed by Judge G. Patrick Murphy on 8/16/05. (lmc)

Aug. 16, 2005 RECAP
2

ADMINISTRATIVE ORDER #138 Case reassigned to Judge G. P. Murphy (cc: all counsel) (myz) (Entered: 11/16/1999)

Nov. 9, 1999
360

JUDGMENT. Signed by Judge G. Patrick Murphy on 8/16/05. (lmc)

Aug. 16, 2005 RECAP
399

ORDER: DENYING 394 MOTION filed by James Leas, DENYING 382 MOTION for Reconsideration filed by James M Leas, DENYING 387 MOTION for Recusal filed by James Leas. Signed by Judge G. Patrick Murphy on 12/19/05. (lmc)

Dec. 20, 2005 RECAP
3

AMENDED COMPLAINT [1−1] by plaintiff Kathi Cooper (dmb) (Entered: 12/09/1999)

Dec. 3, 1999
4

CJRA Track C assigned by Judge G. P. Murphy; trial set for presumptive month of 3/01 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (dmb) (Entered: 01/05/2000)

Jan. 3, 2000
5

MOTION by plaintiff Kathi Cooper to certify class action (tjh) (Entered: 01/25/2000)

Jan. 20, 2000
6

MEMORANDUM by plaintiff Kathi Cooper in support of motion to certify class action [5−1] (tjh) (Entered: 01/25/2000)

Jan. 20, 2000
7

STIPULATION (MOTION) by defendant IBM Corporation, defendant IBM Personal Pension, and plaintiff Kathi Cooper to extend time to answer (tjh) (Entered: 02/22/2000)

Feb. 17, 2000
8

ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to 3/14/00 to answer [7−1] (cc: all counsel) (dmw) (Entered: 02/24/2000)

Feb. 22, 2000
10

CONSENT MOTION by Ameritech for extension of time to answer the complaint (fe) (Entered: 03/15/2000)

March 10, 2000
9

NOTICE of hearing re motion for class certification [5−1] ORAL ARGUMENTS set 1:30 PM on 4/17/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 03/14/2000)

March 14, 2000
11

ORDER by Judge G. P. Murphy granting motion for extension of time to answer the complaint [10−1]; defendants shall answer the amended complaint on or before 4/03/00 [3−1] ; status conf set for 1:30 PM on 4/17/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL; brief ddl set 4/3/00 . The Court will address the need for a briefing schedule on plaintiff's motion for class certification [5−1] at the status conference (cc: all counsel) (myz) (Entered: 03/23/2000)

March 20, 2000
12

NOTICE of Telephone Sched/Disc Conf set for 9:00 AM on 5/15/00 before Mag/Judge Clifford J. Proud in the USDC/East St. Louis, IL (cc: all counsel) (dmw) (Entered: 03/31/2000)

March 30, 2000
13

ANSWER by defendant IBM Corporation, defendant IBM Personal Pension to [3−1] with affirmative defenses (acm) (Entered: 04/05/2000)

April 3, 2000
14

MINUTES (lc) of hearing on status conference before Judge G. P. Murphy ; Status conference held 4/17/00 motion to class action [5−1] resp due 5/12/00 ; Court will notify Magistrate Judge Clifford J. Proud to cancel conf set for 5/15/00 at 9:00 AM (C/R: Molly Clayton) (dmw) (Entered: 04/25/2000)

April 17, 2000
15

MOTION by defendant IBM Corporation, defendant IBM Personal Pension to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction (acm) (Entered: 05/15/2000)

May 12, 2000
16

BRIEF (MEMORANDUM) by defendant IBM Corporation, defendant IBM Personal Pension in support of motion to dismiss Count I of the First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (acm) (Entered: 05/15/2000)

May 12, 2000
17

MEMORANDUM by defendant IBM Corporation, defendant IBM Personal Pension in opposition to motion to certify class action [5−1] (acm) (Entered: 05/15/2000)

May 12, 2000
19

NOTICE of hearing re motion to dismiss [15−1],motion for class certification [5−1] ORAL ARGUMENTS set 3:00 PM on 7/31/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 05/19/2000)

May 19, 2000
20

MOTION by plaintiff Kathi Cooper to extend time to file reply in support of motion for class certification and memo in opposition to defendants' motion to dismiss (acm) (Entered: 06/06/2000)

May 31, 2000
21

ORDER by Judge G. P. Murphy granting motion to extend time to file reply in support of motion for class certification and memo in opposition to defendants' motion to dismiss [20−1]; motion to certify class action [5−1] reply due 6/19/00 (cc: all counsel) (myz) (Entered: 06/12/2000)

June 7, 2000
22

NOTICE of change of address as to attorney William K. Carr (myz) (Entered: 06/23/2000)

June 19, 2000
23

MOTION by plaintiff Kathi Cooper to file reply in support of motion for class certification in excess of page limitation (myz) (Entered: 06/23/2000)

June 19, 2000
24

MEMORANDUM by plaintiff Kathi Cooper in opposition to motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (myz) . (Entered: 06/23/2000)

June 19, 2000

VOLUME NUMBER 2 created, beginning with document number 24. (myz) (Entered: 07/11/2000)

June 19, 2000

VOLUME NUMBER 3 created, beginning with document number 25. (myz) (Entered: 07/11/2000)

June 26, 2000
26

ORDER by Judge G. P. Murphy granting motion to file reply in support of motion for class certification in excess of page limitation [23−1] (cc: all counsel) (myz) (Entered: 06/30/2000)

June 27, 2000
27

REPLY by plaintiff Kathi Cooper in support to motion to certify class action [5−1] (myz) (Entered: 06/30/2000)

June 27, 2000
28

CONSENT MOTION by defendant IBM Corporation, defendant IBM Personal Pension to extend time to reply to plaintiff's response in opposition to defendants motion opposing class certification and motion to dismiss (myz) (Entered: 06/30/2000)

June 27, 2000
25

NOTICE of hearing re motion for class certification [5−1] ORAL ARGUMENTS RESET at 1:30 PM on 8/21/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 06/29/2000)

June 29, 2000
29

REPLY by defendant IBM Corporation, defendant IBM Personal Pension to response to motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (myz) (Entered: 07/11/2000)

July 5, 2000
30

ORDER by Judge G. P. Murphy denying motion to extend time to reply to plaintiff's response in opposition to defendants motion opposing class certification [28−1]. As to the request for additional time to file a reply in support of defendants' motion to dismiss, however, the motion for extension of tim eis granted. Defendants' reply shall be filed no later than 7/06/00 (cc: all counsel) (myz) (Entered: 07/11/2000)

July 5, 2000
31

NOTICE of hearing re motion for class certification [5−1] ORAL ARGUMENTS set 1:30 PM on 9/5/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 07/18/2000)

July 18, 2000
32

MOTION by defendants for leave to supplement pending motion papers (four recent cases attached) (acm) Modified on 09/07/2000 (Entered: 08/31/2000)

Aug. 29, 2000
33

MEMORANDUM by plaintiff Kathi Cooper in opposition to motion for leave to supplement pending motion papers [32−1] (tjh) (Entered: 08/31/2000)

Aug. 30, 2000
35

ORDER by Judge G. P. Murphy granting motion for leave to supplement pending motion papers (four recent cases are attached to) [32−1] (cc: all counsel) (acm) Modified on 09/07/2000 (Entered: 09/07/2000)

Sept. 6, 2000
36

SUPPLEMENTAL MEMORANDUM by defendant IBM Corporation, defendant IBM Personal Pension on the standing issue re motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (tjh) (Entered: 09/13/2000)

Sept. 12, 2000
37

SUPPLEMENTAL SUBMISSION by plaintiff Kathi Cooper re motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (tjh) (Entered: 09/14/2000)

Sept. 13, 2000
38

MOTION by plaintiff Kathi Cooper for leave to file second amended complaint (tjh) (Entered: 09/20/2000)

Sept. 15, 2000
39

RESPONSE by defendant IBM Corporation, defendant IBM Personal Pension to motion for leave to file second amended complaint [38−1] (tjh) (Entered: 10/11/2000)

Oct. 4, 2000
40

ORDER by Chief Judge G. P. Murphy granting motion for leave to file second amended complaint [38−1], denying motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction as moot [15−1], dismissing without prejudice to refiling motion to certify class action [5−1]; directing the clerk to file secind amended complaint instanter ; brief ddl set for 11/15/00 for parties to agree to a schedule including a deadline for discovery related related to the class certification and once the briefing is complete the motion for class certification will be set for hearing (cc: all counsel) (fe) (Entered: 10/18/2000)

Oct. 16, 2000
41

SECOND AMENDED COMPLAINT [3−1] by plaintiff Kathi Cooper, terminating unknown Ameritech; adding Beth Harrington, Matthew Hillesheim (fe) (Entered: 10/18/2000)

Oct. 16, 2000
42

MOTION by defendants for extension of time of responsive pleading date from November 1 to November 8, 2000 (fe) (Entered: 11/03/2000)

Oct. 31, 2000
43

ORDER by Mag/Judge Clifford J. Proud granting motion for extension of time of responsive pleading date from November 1 to November 8, 2000 [42−1] (cc: all counsel) (tjh) (Entered: 11/09/2000)

Nov. 7, 2000
44

ANSWER by defendant IBM Corporation, defendant IBM Personal Pension to second amended complaint [41−1] (tjh) (Entered: 11/09/2000)

Nov. 7, 2000
45

ATTORNEY APPEARANCE for plaintiff Kathi Cooper by William K. Carr (fe) (Entered: 11/17/2000)

Nov. 13, 2000

JOINT REPORT of parties and proposed scheduling and discovery order by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim received and submitted to Mag/Judge Clifford J. Proud (tjh) Modified on 11/14/2000 (Entered: 11/14/2000)

Nov. 14, 2000

TRANSCRIPT of Motion for Class Certification; held 9/5/00; 1 volume(s) Court Reporter: Molly Clayton (tjh) (Entered: 11/16/2000)

Nov. 14, 2000
46

ORDER by Mag/Judge Clifford J. Proud adopting joint report of the parties regarding class certification briefing schedule ... see order for specifics ... (cc: all counsel) (tjh) (Entered: 11/21/2000)

Nov. 15, 2000
47

ORDER by Chief Judge G. P. Murphy of the following: plaintiffs shall file renewed motion for class certification (brief ddl set) on or before 12/20/00; defendants' shall file response on or before 1/22/01; plaintiffs shall file reply on or before 1/29/01 motion for class certification [5−1] is set for hearing on 1:30 PM on 2/12/01 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (tjh) (Entered: 11/21/2000)

Nov. 15, 2000
48

RENEWED MOTION by plaintiffs Kathi Cooper, Beth Harrington, Matthew Hillesheim for class certification (myz) (Entered: 12/28/2000)

Dec. 21, 2000
49

MEMORANDUM by plaintiffs Kathi Cooper, Beth Harrington, Matthew Hillesheim in support of motion for class certification [48−1] (myz) (Entered: 12/28/2000)

Dec. 21, 2000
50

CONSENT MOTION by defendant IBM Corporation for extension of time to file response to motion for class certification (tjh) (Entered: 01/24/2001)

Jan. 19, 2001
51

ORDER by Chief Judge G. P. Murphy granting motion for extension of time to file response to motion for class certification [50−1], motion for class certification [48−1] resp due 1/29/01 (cc: all counsel) (dmw) (Entered: 01/29/2001)

Jan. 25, 2001
52

MEMORANDUM by defendant IBM Corporation, defendant IBM Personal Pension in opposition to motion for class certification [48−1] (fe) (Entered: 01/30/2001)

Jan. 29, 2001
53

REPLY by plaintiff Kathi Cooper, plaintiff Beth Harrington, plaintiff Matthew Hillesheim in support of plaintiffs' renewed motion for class certification [48−1] (tjh) (Entered: 02/08/2001)

Feb. 5, 2001
54

MOTION by defendants to postpone hearing or for alternative relief (fe) (Entered: 02/16/2001)

Feb. 8, 2001
55

ORDER by Chief Judge G. P. Murphy granting motion to postpone hearing or for alternative relief [54−1] ; the class certification hrg is reset for 9:00 AM on 3/26/01 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (fe) (Entered: 02/16/2001)

Feb. 9, 2001
56

MINUTES of hearing on Motion for Class Certification (jmf) before Chief Judge G. P. Murphy. The Court grants parties 10 days to file additional briefs re [48−1]. The matter is taken under advisement until review of the supplemental briefs ; In−court hearing held 3/26/01 (C/R: Molly Clayton) (myz) (Entered: 03/29/2001)

March 26, 2001

TRANSCRIPT OF MOTION FOR CLASS CERTIFICATION; held 3/26/01; 1 volume(s) Court Reporter: Molly Clayton (fe) (Entered: 03/30/2001)

March 29, 2001
58

ORDER by Chief Judge G. P. Murphy ...see order for specifics... (cc: all counsel) (tjh) (Entered: 04/10/2001)

April 3, 2001
57

SUPPLEMENTAL BRIEF by defendants IBM Corporation and IBM Personal Pension in opposition to plaintiffs renewed motion for class certification [48−1] (scj) Modified on 04/10/2001 (Entered: 04/10/2001)

April 5, 2001
59

SUPPLEMENTAL BRIEF by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim regarding renewed motion for class certification [48−1] (tjh) (Entered: 04/12/2001)

April 9, 2001
60

MOTION by defendant IBM Corporation, defendant IBM Personal Pension to strike plaintiffs' supplemental brief in support of renewed motion for class certification (tjh) (Entered: 04/19/2001)

April 17, 2001
61

MEMORANDUM by plaintiff in opposition to motion to strike plaintiffs' supplemental brief in support of renewed motion for class certification [60−1] (car) (Entered: 05/03/2001)

April 27, 2001
62

MOTION by defendant IBM Corporation, defendant IBM Personal Pension for leave to file supplemental authority for pending class certification motion (jmf) (Entered: 05/31/2001)

May 21, 2001
63

ORDER by Chief Judge G. P. Murphy granting motion for leave to file supplemental authority for pending class certification motion [62−1] ; brief ddl set 6/15/01 (cc: all counsel) (scj) (Entered: 06/08/2001)

June 4, 2001
65

MOTION by defendants for protective order (dmw) (Entered: 07/23/2001)

July 20, 2001
66

ORDER by Mag/Judge Clifford J. Proud recusing himself as magistrate; Magistrate now becomes Gerald B. Cohn (cc: all counsel) (tjh) (Entered: 07/30/2001)

July 24, 2001

Magistrate identification: Mag/Judge Gerald B. Cohn (tjh) (Entered: 07/30/2001)

July 24, 2001
67

MEMORANDUM by plaintiffs Kathi Cooper, Beth Harrington, and Matthew Hillesheim in opposition to motion for protective order [65−1] (scj) (Entered: 08/10/2001)

Aug. 8, 2001
68

REPLY by defendants IBM Corporation and IBM Personal Pension re motion for protection order [65−1] (scj) (Entered: 08/22/2001)

Aug. 20, 2001

VOLUME NUMBER 4 created, beginning with document number 68. (tjh) (Entered: 09/25/2001)

Aug. 20, 2001
69

ORDER by Mag Judge Gerald B. Cohn granting motion for protective order [65−1] (cc: all counsel) (tjh) (Entered: 09/06/2001)

Aug. 31, 2001
70

ORDER by Chief Judge G. P. Murphy denying motion to strike plaintiffs' supplemental brief in support of renewed motion for class certification [60−1]; granting motion for class certification [48−1] and defining the class and subclasses (see Order for specifics); the Court appoints plaintiffs as class representatives and appoints Steven A. Katz, Douglas R. Sprong, and William K. Carr as counsel for the class and subclasses (cc: all counsel) (car) Modified on 09/18/2001 (Entered: 09/18/2001)

Sept. 17, 2001
71

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, and Matthew Hillesheim to amend class certification order (tjh) (Entered: 09/24/2001)

Sept. 20, 2001
72

ATTORNEY APPEARANCE for plaintiff Kathi Cooper by John H. Evans, Robert F. Hill (fe) (Entered: 09/28/2001)

Sept. 27, 2001
73

ORDER by Chief Judge G. P. Murphy granting motion to amend class certification order [71−1] adding attorney Robert F. Hill and John H. Evans as counsel for the class and subclasses nunc pro tunc 9/17/01 (cc: all counsel) (fe) (Entered: 10/05/2001)

Oct. 3, 2001
74

JOINT MOTION to withdraw Michael S. Horne as counsel for defendants IBM Corporation and IBM Personal Pension and substituting with Jeffrey G. Huvelle and Robert D. Wick (scj) (Entered: 10/10/2001)

Oct. 9, 2001
75

ORDER by Mag Judge Gerald B. Cohn granting motion to withdraw Michael S. Horne as counsel for defendants IBM Corporation and IBM Personal Pension and substituting with Jeffrey G. Huvelle and Robert D. Wick [74−1] withdrawing attorney Michael S. Horne for IBM Pension and for IBM Corporation ; adding attorney Jeffrey G Huvelle and Robert D Wick for defendants IBM Corporation and IBM Personal Pension (cc: all counsel) (scj) (Entered: 10/29/2001)

Oct. 22, 2001
76

JOINT MOTION by plaintiffs &defendants regarding joint report of parties and proposed scheduling and discovery order (to continue) (dmw) (Entered: 11/26/2001)

Nov. 20, 2001
77

SCHEDULING AND DISCOVERY ORDER by Mag Judge Gerald B. Cohn ; presumptive trial reset for 1/03 and final prtrl conf set 12/9/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL; settlement conf set 9:00 AM on 12/2/02 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL; disp mtn filing ddl 10/15/02; discovery ddl set 9/20/02 (cc: all counsel) (tjh) (Entered: 12/04/2001)

Nov. 29, 2001
78

ORDER by Mag Judge Gerald B. Cohn resetting settlement conf at 9:00 AM on 12/5/02 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (tjh) (Entered: 02/12/2002)

Feb. 8, 2002
80

ORDER by Mag Judge Gerald B. Cohn granting motion for extension of time to file amended complaint [79−1] up to and including 3/7/02 (cc: all counsel) (dlr) (Entered: 03/01/2002)

Feb. 21, 2002
81

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim for filing of agreed protective order (tjh) (Entered: 04/09/2002)

April 3, 2002
82

ORDER by Mag Judge Gerald B. Cohn granting motion for filing of agreed protective order [81−1] (cc: all counsel) (dmw) (Entered: 04/17/2002)

April 12, 2002
83

ORDER by Chief Judge G. P. Murphy denying motion for filing of agreed protective order [81−1]; vacating Magistrate Judge Cohn's 4/12/02 order [82−1] order (cc: all counsel) (tjh) (Entered: 04/18/2002)

April 18, 2002
84

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim to suspend local rule 7.1(g) and for leave to file brief in excess of ten pages (tjh) (Entered: 07/17/2002)

July 15, 2002
85

REQUESTS for admission by defendants (dmw) (Entered: 07/19/2002)

July 17, 2002
86

ORDER by Chief Judge G. P. Murphy granting motion to suspend local rule 7.1(g) [84−1] and for leave to file brief in excess of ten pages [84−2] (cc: all counsel) (tjh) (Entered: 07/24/2002)

July 18, 2002
87

MOTION by Kathi Cooper, Beth Harrington, Matthew Hillesheim for partial summary judgment on count 1 received on 7/15/02 (tjh) (Entered: 07/24/2002)

July 18, 2002
88

BRIEF (MEMORANDUM) by plaintiffs' Kathi Cooper, Beth Harrington, and Matthew Hillesheim in support of motion for partial summary judgment on count 1 received on 7/15/02 [87−1] (attachments located in expando folder) (tjh) (Entered: 07/24/2002)

July 18, 2002
89

MOTION by defendants IBM Corporation, IBM Personal Pension to suspend the packet rule for dispositive motions (order) , and to modify the page limit , and to extend the time for filing for their opposition to plaintiffs' pending motion for partial summary judgment (dlr) (Entered: 07/29/2002)

July 25, 2002
90

ORDER by Chief Judge G. P. Murphy granting motion to suspend the packet rule for dispositive motions (order) [89−1], to modify the page limit [89−2], and to extend the time for filing for their opposition to plaintiffs' pending motion for partial summary judgment [89−3]; response to motion for partial summary judgment on count 1 received on 7/15/02 [87−1] due 9/20/02 (cc: all counsel) (tjh) (Entered: 08/07/2002)

July 29, 2002
91

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim for extension of time to respond to defendants' requests for admission and third set of interrogatories (tjh) (Entered: 08/13/2002)

Aug. 9, 2002
92

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim to compel discovery (tjh) (Entered: 08/13/2002)

Aug. 9, 2002

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Nov. 1, 1999

Closing Date: Jan. 16, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who participated in the IBM Personal Pension Plan at any time after December 31, 1994.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

IBM Personal Pension Plan, Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Accommodation / Leave

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Age discrimination