Case: Richards v. FleetBoston Fin. Corp.

3:04-cv-01638 | U.S. District Court for the District of Connecticut

Filed Date: Sept. 30, 2004

Closed Date: Oct. 15, 2008

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Case Summary

On September 30, 2004, former and current employees of FleetBoston Financial Corporation filed a lawsuit under ERISA against FleetBoston in the United States District Court for the District of Connecticut. The Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, as well as attorney fees and costs. Plaintiffs claimed that they were negatively impacted when FleetBoston changed its Pension Plan to one based on a cash balance formula.The Court (Judge …

The Court (Judge Janet C. Hall) granted in part and denied in part Defendant's motion to dismiss on March 31, 2006. The Court dismissed Counts II, III, and VI in their entirety. It further granted the motion to dismiss as to all claims pursuant to ERISA § 503(a)(1)(B). However, the Court denied the motion to dismiss as to the remaining claims in Counts I, IV, and V. Richards v. FleetBoston Fin. Corp., 427 F. Supp. 2d 150 (D. Conn. 2006).

Also on March 31, 2006, the Court certified Plaintiffs' class under 23(b)(2). The class was defined as follows: people who "(a) are former or current Fleet employees who on December 31, 1996 [the day before the Amended Plan's effective date] were not at least age 50 with 15 years of vesting service, and (b) participated in the Fleet Pension Plan before January 1, 1997, and (c) have participated in the Fleet Pension Plan at any time since January 1, 1997." Richards v. FleetBoston Fin. Corp., 235 F.R.D. 165 (D. Conn. 2006).

On July 24, 2006, the Court granted Defendant's second motion to dismiss with respect to Count II and the part of Count V premised on the Summary Plan Description's (SPD) lack of an explanation of how benefit accruals under the plan are reduced by advancing age. The Court denied the motion with respect to the remaining parts of Count V. Richards v. FleetBoston Fin. Corp., 2006 WL 2092086 (D. Conn. Jul. 24, 2006).

On October 16, 2006, the Court granted Plaintiffs' motion for amended class certification and certified the proposed class pursuant to Rule 23(b)(2) and Rule 23(b)(1)(A). Further, the Court denied Defendant's motion to certify the SPD class (Count IV) under Rule 23(b)(2). Richards v. FleetBoston Fin. Corp., 238 F.R.D. 345 (D. Conn. 2006).

Also on October 16, 2006, the Court denied Defendant's motions for a certificate of appealability or for reconsideration of the decision in which the Court refused to dismiss Count I of the Complaint. The Court found that an interlocutory appeal was not appropriate because it would not help to avoid protracted litigation, nor was this an exceptional or rare circumstance. The Court denied the motion to reconsider because it found that the statutory language in question was unambiguous. Richards v. FleetBoston Fin. Corp., 2006 WL 3000768 (D. Conn. Oct. 16, 2006).

The Court preliminarily approved the class settlement between the parties on April 24, 2008. Including attorneys' fees and incentives for class representatives, the total monetary payment to the class totaled $83,401,000.

On October 15, 2008, the Court granted final approval to the settlement and dismissed the case. By a separate order on the same day, the Court granted Plaintiffs' attorneys about $17.5 million in fees and costs. The Court also granted $15,000 to the class representative.

The case was closed in October 2008. There was some later litigation related to bonding issues, but the case is now complete.

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Summary Authors

Haley Waller (8/19/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4814916/parties/richards-v-fleetboston-financial-corp/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Conlon, William F. (Illinois)

Goldberg, Thomas D. (Connecticut)

Gross, Scott (Illinois)

Expert/Monitor/Master/Other

Carroll, Keith P. (Massachusetts)

Growczwicz, Francis A. (Connecticut)

Judge(s)

Hall, Janet C. (Connecticut)

Attorney for Plaintiff

Morgado, Dale J (Connecticut)

Moukawsher, Thomas G. (Connecticut)

Smith, Ian (Connecticut)

Attorney for Defendant

Conlon, William F. (Illinois)

Goldberg, Thomas D. (Connecticut)

Gross, Scott (Illinois)

Guarraci, Brian (Illinois)

Harris, Helen (Connecticut)

Johnson, David Brian (Illinois)

Kelly, George J. (Connecticut)

Kelly, Erin E. (Illinois)

Koca, Julie (Illinois)

Rea, Anne E. (Illinois)

Twardy, Stanley A. Jr. (Connecticut)

Expert/Monitor/Master/Other

Carroll, Keith P. (Massachusetts)

Growczwicz, Francis A. (Connecticut)

McGinty, Kevin (Massachusetts)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:04-cv-01638	Docket [PACER] Richards v. FleetBoston Fin. Corporation	Sept. 30, 2004	Sept. 30, 2004 Docket
3:04-cv-01638	Docket Richards v. FleetBoston Financial Corporation	Dec. 2, 2009	Dec. 2, 2009 Docket
20-1 3:04-cv-01638	PLAINTIFF’S MEMORANDUM IN SUPPORT OF MOTION FOR CLASS CERTIFICATION Richards v. FleetBoston Financial Corporation	Dec. 28, 2004	Dec. 28, 2004 Pleading / Motion / Brief
40-1 3:04-cv-01638	PLAINTIFF’S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS Richards v. FleetBoston Financial Corporation	Feb. 28, 2005	Feb. 28, 2005 Pleading / Motion / Brief
45-1 3:04-cv-01638	REPLY BRIEF OF DEFENDANTS FLEETBOSTON FINANCIAL CORPORATION AND FLEETBOSTON FINANCIAL PENSION PLAN IN SUPPORT OF THEIR MOTION TO DISMISS Richards v. FleetBoston Financial Corporation	March 28, 2005	March 28, 2005 Pleading / Motion / Brief
68-1 3:04-cv-01638	DEFENDANTS’ MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF’S MOTION FOR CLASS CERTIFICATION Richards v. FleetBoston Financial Corporation	Sept. 19, 2005	Sept. 19, 2005 Pleading / Motion / Brief
76-1 3:04-cv-01638	PLAINTIFF’S REPLY MEMORANDUM IN SUPPORT OF MOTION FOR CLASS CERTIFICATION Richards v. FleetBoston Financial Corporation	Nov. 10, 2005	Nov. 10, 2005 Pleading / Motion / Brief
111 3:04-cv-01638	Order- Class Certification Richards v. FleetBoston Fin. Corporation	March 31, 2006	March 31, 2006 Order/Opinion 235 F.R.D. 165
112 3:04-cv-01638	Order Richards v. FleetBoston Fin. Corporation	March 31, 2006	March 31, 2006 Order/Opinion 427 F.Supp.2d 150
118-1 3:04-cv-01638	PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR RECONSIDERATION OF MOTION TO DISMISS Richards v. FleetBoston Financial Corporation	April 17, 2006	April 17, 2006 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4814916/richards-v-fleetboston-financial-corp/

Last updated Nov. 27, 2025, 3:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against FleetBoston Financial Pension Plan, Fleetboston Financial Corp ( Filing fee $ 150 receipt number H013773.), filed by Donna C. Richards.(Ferguson, L.) (Entered: 10/06/2004)	Sept. 30, 2004	Sept. 30, 2004
2	Order on Pretrial Deadlines: Motions to Dismiss due on 12/30/04. Amended Pleadings due by 11/29/2004. Discovery due by 4/1/2005. Dispositive Motions due by 5/1/2005. (Ferguson, L.) (Entered: 10/06/2004)	Sept. 30, 2004	Sept. 30, 2004
3	ELECTRONIC FILING ORDER . Signed by Judge Janet C. Hall on 9/30/04. (Ferguson, L.) (Entered: 10/06/2004)	Sept. 30, 2004	Sept. 30, 2004
4	NOTICE of Appearance by Ian O. Smith on behalf of Donna C. Richards (Smith, Ian) (Entered: 10/22/2004)	Oct. 22, 2004	Oct. 22, 2004
5	WAIVER OF SERVICE Returned Executed by Donna C. Richards. Fleetboston Financial Corp waiver sent on 10/18/2004, answer due 12/17/2004. (Attachments: # 1 Exhibit A)(Moukawsher, Thomas) (Entered: 10/22/2004)	Oct. 22, 2004	Oct. 22, 2004
6	First MOTION for Extension of Time to File Petition for Class Certification until December 29, 2004 by Donna C. Richards. (Moukawsher, Thomas) (Entered: 11/24/2004)	Nov. 24, 2004	Nov. 24, 2004
7	WAIVER OF SERVICE Returned Executed by Donna C. Richards. FleetBoston Financial Pension Plan waiver sent on 10/12/2004, answer due 12/11/2004. (Attachments: # 1 Waiver of Service)(Moukawsher, Thomas) (Entered: 11/30/2004)	Nov. 30, 2004	Nov. 30, 2004
8	NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. ORDER granting 6 Motion for Extension of Time to file petition for class certification . Signed by Judge Janet C. Hall on 11/30/04. (Boroskey, C.) (Entered: 11/30/2004)	Nov. 30, 2004	Nov. 30, 2004
9	First MOTION for Extension of Time until January 18, 2005 To file responsive pleadings to Plaintiff Donna Richards Complaint. by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Kelly, George) (Entered: 12/10/2004)	Dec. 10, 2004	Dec. 10, 2004
10	Corporate Disclosure Statement by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Kelly, George) (Entered: 12/10/2004)	Dec. 10, 2004	Dec. 10, 2004
11	NOTICE of Appearance by George J. Kelly Jr. on behalf of all defendants (Kelly, George) (Entered: 12/10/2004)	Dec. 10, 2004	Dec. 10, 2004
13	MOTION for Leave to Appear Pro Hac Vice Attorney Brian P. Guarraci. Filing Fee $25.00. Receipt Number B009324. by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Candee, D.) (Entered: 12/17/2004)	Dec. 13, 2004	Dec. 13, 2004
14	MOTION for Leave to Appear Pro Hac Vice re: Attorney Julie A. Koca. Filing Fee $25.00. Receipt Number B009324. by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Candee, D.) (Entered: 12/17/2004)	Dec. 13, 2004	Dec. 13, 2004
15	MOTION for Leave to Appear Pro Hac Vice re: Attorney Scott E. Gross. Filing Fee $25.00. Receipt Number B009324. by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Candee, D.) (Entered: 12/17/2004)	Dec. 13, 2004	Dec. 13, 2004
16	MOTION for Leave to Appear Pro Hac Vice re: Attorney Anne E. Rea. Filing Fee $25.00. Receipt Number B009324. by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Candee, D.) (Entered: 12/17/2004)	Dec. 13, 2004	Dec. 13, 2004
17	MOTION for Leave to Appear Pro Hac Vice re: Attorney William F. Conlon. Filing Fee $25.00. Receipt Number B009324. by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Candee, D.) (Entered: 12/17/2004)	Dec. 13, 2004	Dec. 13, 2004
12	NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. ORDERED ACCORDINGLY 9 Motion for Extension of Time to 1/18/05 to respond to 1 Complaint. Signed by Clerk on 12/14/04. (Candee, D.) (Entered: 12/14/2004)	Dec. 14, 2004	Dec. 14, 2004
18	ORDERED ACCORDINGLY 13 Motion to Appear Pro Hac Vice re: Brian P. Guarraci, ORDERED ACCORDINGLY 14 Motion to Appear Pro Hac Vice re: Julie A. Koca, ORDERED ACCORDINGLY 15 Motion to Appear Pro Hac Vice re: Scott E. Gross, ORDERED ACCORDINGLY 16 Motion to Appear Pro Hac Vice re: Anne E. Rea, ORDERED ACCORDINGLY 17 Motion to Appear Pro Hac Vice re: William F. Conlon. Signed by Clerk on 12/17/04. (Candee, D.) Modified on 12/17/2004 (Candee, D.). (Entered: 12/17/2004)	Dec. 17, 2004	Dec. 17, 2004
	Docket Entry Correction re 18 Order on Motion to Appear Pro Hac Vice. Docket entry modified to include attorney names. (Candee, D.)	Dec. 17, 2004	Dec. 17, 2004
19	MOTION to Certify Class by Donna C. Richards.Responses due by 1/18/2005 (Moukawsher, Thomas) (Entered: 12/28/2004)	Dec. 28, 2004	Dec. 28, 2004
20	Memorandum in Support re 19 MOTION to Certify Class filed by Donna C. Richards. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Moukawsher, Thomas) (Entered: 12/28/2004)	Dec. 28, 2004	Dec. 28, 2004
21	NOTICE of Appearance by Julie A. Koca on behalf of all defendants (Koca, Julie) (Entered: 01/04/2005)	Jan. 4, 2005	Jan. 4, 2005
22	NOTICE of Appearance by Brian P. Guarraci on behalf of all defendants (Guarraci, Brian) (Entered: 01/04/2005)	Jan. 4, 2005	Jan. 4, 2005
25	MOTION for Leave to Appear Pro Hac Vice re: Attorney Erin E. Kelly. Filing Fee $25.00. Receipt Number B009420 by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Candee, D.) (Entered: 01/10/2005)	Jan. 5, 2005	Jan. 5, 2005
23	NOTICE of Appearance by Scott E. Gross on behalf of all defendants (Gross, Scott) (Entered: 01/07/2005)	Jan. 7, 2005	Jan. 7, 2005
24	Second MOTION for Extension of Time until 01/25/2005 to File Responsive Pleading 1 Complaint by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Kelly, George) (Entered: 01/10/2005)	Jan. 10, 2005	Jan. 10, 2005
26	NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. ORDERED ACCORDINGLY re: 25 Motion to Appear Pro Hac Vice for Erin E. Kelly. Signed by Clerk on 1/10/05. (Candee, D.) Modified on 1/18/2005 (Candee, D.). (Entered: 01/10/2005)	Jan. 10, 2005	Jan. 10, 2005
27	MOTION to Stay Unopposed Motion of Defendants to Stay Briefing on Plaintiff's Motion for Class Certification by FleetBoston Financial Pension Plan, Fleetboston Financial Corp.Responses due by 2/3/2005 (Koca, Julie) (Entered: 01/13/2005)	Jan. 13, 2005	Jan. 13, 2005
28	NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. ORDER granting 24 Motion for Extension of Time to 1/25/05 to respond to complaint . Signed by Judge Janet C. Hall on 1/13/05. (Boroskey, C.) (Entered: 01/13/2005)	Jan. 13, 2005	Jan. 13, 2005
	Answer deadline updated for FleetBoston Financial Pension Plan to 1/25/2005; Fleetboston Financial Corp to 1/25/2005. (Boroskey, C.)	Jan. 13, 2005	Jan. 13, 2005
	Docket Entry Correction re 26 Order on Motion to Appear. Docket entry modified to include "Notice of electronic order. This is the only notice to Court will issue". (Candee, D.)	Jan. 18, 2005	Jan. 18, 2005
29	REPORT of Rule 26(f) Planning Meeting. (Kelly, George) (Entered: 01/24/2005)	Jan. 24, 2005	Jan. 24, 2005
30	MOTION to Dismiss by FleetBoston Financial Pension Plan, Fleetboston Financial Corp.Responses due by 2/15/2005 (Guarraci, Brian) (Entered: 01/25/2005)	Jan. 25, 2005	Jan. 25, 2005
31	Memorandum in Support re 30 MOTION to Dismiss filed by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. (Attachments: # 1 Attachment - Unreported Decisions# 2 Attachment - Legislative History)(Guarraci, Brian) (Entered: 01/25/2005)	Jan. 25, 2005	Jan. 25, 2005
32	EXHIBITS A, B and C submitted in paper form in support of 30 MOTION to Dismiss filed by FleetBoston Financial Pension Plan, Fleetboston Financial Corp (Cody, C.) (Entered: 01/26/2005)	Jan. 25, 2005	Jan. 25, 2005
33	NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. TELEPHONIC RULE 16 CONFERENCE set for 2/18/2005 12:00 PM before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (Szczygiel, G.) (Entered: 01/28/2005)	Jan. 28, 2005	Jan. 28, 2005
34	NOTICE of Appearance by Erin E. Kelly on behalf of Fleetboston Financial Corp, FleetBoston Financial Pension Plan (Kelly, Erin) (Entered: 02/08/2005)	Feb. 8, 2005	Feb. 8, 2005
35	MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Dismiss until March 1, 2005 by Donna C. Richards. (Moukawsher, Thomas) (Entered: 02/14/2005)	Feb. 14, 2005	Feb. 14, 2005
36	ORDER granting 35 Motion for Extension of Time to File Response/Reply re 30 MOTION to Dismiss Responses due by 3/1/2005. Signed by Judge Janet C. Hall on 2/15/05. (Boroskey, C.) (Entered: 02/15/2005)	Feb. 15, 2005	Feb. 15, 2005
37	Minute Entry for proceedings held before Judge Janet C. Hall : Telephone Rule 16 Status Conference held on 2/18/2005. (Court Reporter Fidanza.) (Boroskey, C.) (Entered: 02/23/2005)	Feb. 18, 2005	Feb. 18, 2005
38	ORDER granting 27 Motion to Stay Unopposed Motion of Defendants to Stay Briefing on Plaintiff's Motion for Class Certification by FleetBoston Financial Pension Plan, Fleetboston Financial Corp. Signed by Judge Janet C. Hall on 2/18/05. (Boroskey, C.) (Entered: 02/23/2005)	Feb. 18, 2005	Feb. 18, 2005
	ReSet Deadlines: Discovery due by 2/15/2006. Dispositive Motions due by 3/31/2006. (Boroskey, C.)	Feb. 18, 2005	Feb. 18, 2005
39	RESPONSE re 30 MOTION to Dismiss filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 02/28/2005)	Feb. 28, 2005	Feb. 28, 2005
40	Memorandum in Opposition re 30 MOTION to Dismiss filed by Donna C. Richards. (Attachments: # 1 Exhibit 1 (part 1 of 3)# 2 Exhibit 2 (part 2 of 3)# 3 Exhibit 1 (part 3 of 3)# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Errata 5# 8 Exhibit 6)(Moukawsher, Thomas) (Entered: 02/28/2005)	Feb. 28, 2005	Feb. 28, 2005
41	MOTION for Extension of Time until March 28, 2005 to File Reply in Support of 30 MOTION to Dismiss by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) (Entered: 03/09/2005)	March 9, 2005	March 9, 2005
42	ORDER granting 41 MOTION for Extension of Time until March 28, 2005 to File Reply in Support of 30 MOTION to Dismiss by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. . Signed by Judge Janet C. Hall on 3/11/05. (Boroskey, C.) (Entered: 03/11/2005)	March 11, 2005	March 11, 2005
43	Reset Deadlines as to 30 MOTION to Dismiss. Responses due by 3/28/2005 (Boroskey, C.) (Entered: 03/11/2005)	March 11, 2005	March 11, 2005
44	MOTION for Leave to File Excess Pages for Reply Brief by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) (Entered: 03/28/2005)	March 28, 2005	March 28, 2005
45	REPLY to Response to 30 MOTION to Dismiss filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit D# 2 Attachment - Additional Unreported Decisions# 3 Attachment - Additional Legislative History)(Guarraci, Brian) (Entered: 03/28/2005)	March 28, 2005	March 28, 2005
46	MOTION for Leave to File Surreply Brief re: 30 Motion to Dismiss by Donna C. Richards. (Attachments: # 1 Exhibit A)(Moukawsher, Thomas) Modified on 4/19/2005 (Candee, D.). (Entered: 04/18/2005)	April 18, 2005	April 18, 2005
47	Docket Entry Correction re 46 MOTION for Leave to File Surreply Brief. Docket entry modified to include link to document # 30. (Candee, D.) (Entered: 04/19/2005)	April 19, 2005	April 19, 2005
48	RESPONSE re 46 MOTION for Leave to File Surreply Brief filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A: Response to Plaintiff's Surreply Brief)(Guarraci, Brian) (Entered: 05/06/2005)	May 6, 2005	May 6, 2005
49	REPLY to Response to 46 MOTION for Leave to File Surreply Brief filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 05/09/2005)	May 9, 2005	May 9, 2005
50	Proposed MOTION for Leave to File MEMORANDUM RE: SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DISMISSAL by Donna C. Richards. (Moukawsher, Thomas) (Entered: 05/27/2005)	May 27, 2005	May 27, 2005
51	Memorandum in Support re 50 Proposed MOTION for Leave to File MEMORANDUM RE: SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DISMISSAL filed by Donna C. Richards. (Attachments: # 1 Exhibit A)(Moukawsher, Thomas) (Entered: 05/27/2005)	May 27, 2005	May 27, 2005
52	MOTION for Extension of Time of Briefing Schedule on 19 MOTION to Certify Class by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) (Entered: 06/01/2005)	June 1, 2005	June 1, 2005
53	ORDER granting 50 Proposed MOTION for Leave to File MEMORANDUM RE: SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DISMISSAL (document filed - #51). Signed by Judge Janet C. Hall on 6/2/05. (Boroskey, C.) (Entered: 06/02/2005)	June 2, 2005	June 2, 2005
54	RESPONSE re 51 Memorandum in Support of 50 Motion re: for Leave to file Supplemental Authority in Opposition to Dismissal filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 6/13/2005 to create link to document #50. (Candee, D.). (Entered: 06/08/2005)	June 8, 2005	June 8, 2005
55	ORDER granting 52 Agreed MOTION for Extension of Time of Briefing Schedule on 19 MOTION to Certify Class; defendants have until 9/19/05 to file response to Plaintiff's motion to certify class . Signed by Judge Janet C. Hall on 6/9/05. (Boroskey, C.) (Entered: 06/09/2005)	June 9, 2005	June 9, 2005
56	Reset Deadlines as to 19 MOTION to Certify Class. Responses due by 9/19/2005 (Boroskey, C.) (Entered: 06/09/2005)	June 9, 2005	June 9, 2005
57	NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. TELEPHONIC CONFERENCE set for 7/12/2005 4:00 PM before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554.(Szczygiel, G.) (Entered: 07/01/2005)	July 1, 2005	July 1, 2005
58	NOTICE TO COUNSEL RE: E-FILE CALENDAR. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. TELEPHONIC CONFERENCE set for 7/19/2005 4:30 PM (rescheduled from 7/12/05) before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554.(Szczygiel, G.) (Entered: 07/06/2005)	July 6, 2005	July 6, 2005
59	Minute Entry for proceedings held before Judge Janet C. Hall : Telephone Status Conference held on 7/20/2005. (Court Reporter Fidanza.) (Boroskey, C.) (Entered: 07/20/2005)	July 20, 2005	July 20, 2005
60	Consent MOTION for Protective Order by Fleetboston Financial Corp, FleetBoston Financial Pension Plan.Responses due by 8/25/2005 (Attachments: # 1 Exhibit A - Stipulated Protective Order)(Guarraci, Brian) (Entered: 08/04/2005)	Aug. 4, 2005	Aug. 4, 2005
61	ORDER granting 60 Consent MOTION for Protective Order by Fleetboston Financial Corp, FleetBoston Financial Pension Plan with except re paragraph 16. . Signed by Judge Janet C. Hall on 8/16/05. (Boroskey, C.) (Entered: 08/16/2005)	Aug. 16, 2005	Aug. 16, 2005
62	ORDER vacating 61 ORDER granting 60 Consent MOTION for Protective Order by Fleetboston Financial Corp, FleetBoston Financial Pension Plan with except re paragraph 16 signed by Judge Hall on 8/16/05. Court will issue Protective Order. Signed by Judge Janet C. Hall on 8/18/05. (Boroskey, C.) (Entered: 08/22/2005)	Aug. 22, 2005	Aug. 22, 2005
63	Motion for Protective Order 60 is granted. PROTECTIVE ORDER filed except for paragraph 16. Signed by Judge Janet C. Hall on 8/18/05. (Boroskey, C.) (Entered: 08/22/2005)	Aug. 22, 2005	Aug. 22, 2005
64	First MOTION for Extension of Time of two weeks on all expert deadlines by Donna C. Richards. (Moukawsher, Thomas) (Entered: 08/30/2005)	Aug. 30, 2005	Aug. 30, 2005
65	ORDER granting 64 First MOTION for Extension of Time of two weeks on all expert deadlines; Plaintiff's disclosure of expert to 9/15/05, plaintiff's expert deposition due 11/15/05; defendant's disclosure of experts due by 2/15/06; defendant's expert depositions due 4/17/06 . Signed by Judge Janet C. Hall on 9/8/05. (Boroskey, C.) (Entered: 09/08/2005)	Sept. 8, 2005	Sept. 8, 2005
66	Second MOTION for Extension of Time of 30 days for all Expert Deadlines by Donna C. Richards. (Moukawsher, Thomas) (Entered: 09/15/2005)	Sept. 15, 2005	Sept. 15, 2005
67	ORDER granting 66 Second MOTION for Extension of Time of 30 days for all Expert Deadlines . Signed by Judge Janet C. Hall on 9/16/05. (Boroskey, C.) (Entered: 09/19/2005)	Sept. 19, 2005	Sept. 19, 2005
68	Memorandum in Opposition re 19 MOTION to Certify Class filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Unreported Decisions, Part I;# 2 Unreported Decisions, Part II;# 3 Unreported Decisions, Part III;# 4 Exhibit A;# 5 Exhibit B;# 6 Exhibit C;# 7 Exhibit D)(Guarraci, Brian) (Entered: 09/19/2005)	Sept. 19, 2005	Sept. 19, 2005
69	First MOTION for Extension of Time to File Response/Reply Unopposed as to 19 MOTION to Certify Class until November 2, 2005 by Donna C. Richards. (Moukawsher, Thomas) (Entered: 10/03/2005)	Oct. 3, 2005	Oct. 3, 2005
70	ORDER granting 69 Motion for Extension of Time to File Response/Reply re 19 MOTION to Certify Class Responses due by 11/2/2005. Signed by Judge Janet C. Hall on 10/5/05. (Boroskey, C.) (Entered: 10/05/2005)	Oct. 5, 2005	Oct. 5, 2005
71	Third MOTION for Extension of Time of 30 days for all expert deadlines by Donna C. Richards. (Moukawsher, Thomas) (Entered: 10/17/2005)	Oct. 17, 2005	Oct. 17, 2005
72	NOTICE TO COUNSEL RE: E-FILE CALENDAR. TELEPHONIC STATUS CONFERENCE set for 11/7/2005 3:15 PM before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554.(Szczygiel, G.) (Entered: 10/19/2005)	Oct. 19, 2005	Oct. 19, 2005
73	MOTION for Leave to File Excess Pages in Reply Brief in Support of Plaintiff's Motion for Class Certification by Donna C. Richards. (Attachments: # 1 Exhibit A Reply Brief# 2 Exhibit 1 of Reply Brief# 3 Exhibit 2 of Reply Brief# 4 Errata 3 (part 1) of Reply Brief# 5 Exhibit 3 (part 2) of Reply Brief# 6 Exhibit 4 of Reply Brief# 7 Exhibit 5 of Reply Brief# 8 Exhibit 6 of Reply Brief# 9 Exhibit 7 of Reply Brief# 10 Exhibit 8 of Reply Brief)(Moukawsher, Thomas) (Entered: 11/02/2005)	Nov. 2, 2005	Nov. 2, 2005
74	ORDER granting 73 MOTION for Leave to File Excess Pages in Reply Brief in Support of Plaintiff's Motion for Class Certification . Signed by Judge Janet C. Hall on 11/7/05. (Boroskey, C.) (Entered: 11/07/2005)	Nov. 7, 2005	Nov. 7, 2005
75	Minute Entry for proceedings held before Judge Janet C. Hall : Telephone Status Conference held on 11/7/2005. 15 minutes(Court Reporter Fidanza.) (Boroskey, C.) (Entered: 11/09/2005)	Nov. 7, 2005	Nov. 7, 2005
76	REPLY to Response to 19 MOTION to Certify Class filed by Donna C. Richards. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3 part 1# 4 Exhibit 3 part 2# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8)(Moukawsher, Thomas) (Entered: 11/10/2005)	Nov. 10, 2005	Nov. 10, 2005
77	MOTION for Leave to File Memorandum Regarding Supplemental Authority in Support of Dismissal by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) (Entered: 11/15/2005)	Nov. 15, 2005	Nov. 15, 2005
78	Memorandum in Support re 77 MOTION for Leave to File Memorandum Regarding Supplemental Authority in Support of Dismissal filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A - Order of Dismissal# 2 Exhibit B - Complaint# 3 Exhibit C - Defendants' Memorandum in Support of Motion to Dismiss)(Guarraci, Brian) (Entered: 11/15/2005)	Nov. 15, 2005	Nov. 15, 2005
79	ORDER granting as modified in part 71 Third MOTION for Extension of Time of 30 days for all expert deadlines; Plainitt's expert disclosure- 11/16/05; deposition of plaintiff's expert- 1/18/06; defendant's expert dislcosure- 3/1/06; depostion of defendant's expert - 4/1/06 . Signed by Judge Janet C. Hall on 11/14/05. (Boroskey, C.) (Entered: 11/17/2005)	Nov. 17, 2005	Nov. 17, 2005
80	ORDER granting 77 MOTION for Leave to File Memorandum Regarding Supplemental Authority in Support of Dismissal. Signed by Judge Janet C. Hall on 11/18/05. (Boroskey, C.) (Entered: 11/21/2005)	Nov. 21, 2005	Nov. 21, 2005
81	MOTION for Leave to File Memorandum Regarding Second Supplemental Authority in Support of 30 Dismissal by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 11/28/2005 to include link to document # 30 (Candee, D.). (Entered: 11/23/2005)	Nov. 23, 2005	Nov. 23, 2005
82	Memorandum in Support re 81 MOTION for Leave to File Memorandum Regarding Second Supplemental Authority in Support of 30 Dismissal filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A - Memorandum Opinion)(Guarraci, Brian) Modified on 11/28/2005 (Candee, D.). Modified on 11/28/2005 to include link to document # 30 (Candee, D.). (Entered: 11/23/2005)	Nov. 23, 2005	Nov. 23, 2005
83	MOTION for Leave to File MEMORANDUM IN RESPONSE TO DEFENDANTS? SUPPLEMENTAL AUTHORITY IN SUPPORT OF THEIR 30 MOTION TO DISMISS by Donna C. Richards. (Attachments: # 1 Exhibit A: Memorandum# 2 Memorandum Exhibit A# 3 Memorandum Exhibit B# 4 Memorandum Exhibit C# 5 Memorandum Exhibit D)(Moukawsher, Thomas) Modified to include link to document # 30 on 12/5/2005 (Candee, D.). (Entered: 11/30/2005)	Nov. 30, 2005	Nov. 30, 2005
84	ORDER granting 81 MOTION for Leave to File Memorandum Regarding Second Supplemental Authority in Support of 30 Dismissal . Signed by Judge Janet C. Hall on 12/6/05. (Boroskey, C.) (Entered: 12/06/2005)	Dec. 6, 2005	Dec. 6, 2005
85	REPLY to Response to 87 MEMORANDUM IN RESPONSE TO DEFENDANTS SUPPLEMENTAL AUTHORITY IN SUPPORT OF THEIR 30 MOTION TO DISMISS filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 12/20/2005 (Candee, D.). (Entered: 12/06/2005)	Dec. 6, 2005	Dec. 6, 2005
86	ORDER granting 83 MOTION for Leave to File MEMORANDUM IN RESPONSE TO DEFENDANTS? SUPPLEMENTAL AUTHORITY IN SUPPORT OF THEIR 30 MOTION TO DISMISS by Donna C. Richards. (Attachments: # 1 Exhibit A: Memorandum# 2 Memorandum Exhibit A# 3 Memorandum Exhibit B# 4 Memorandum Exhibit C# 5 Memorandum Exhibit D)(Moukawsher, Thomas) Modified to include link to document # 30 on 12/5/2005. Counsel shall electronically file MEMORANDUM IN RESPONSE TO DEFENDANT'S SUPPLEMENTAL AUTHORITY IN SUPPORT OF THEIR 30 MOTION TO DISMISS . Signed by Judge Janet C. Hall on 12/8/05. (Boroskey, C.) (Entered: 12/08/2005)	Dec. 8, 2005	Dec. 8, 2005
87	RESPONSE re 30 MOTION to Dismiss Supplemental Authority filed by Donna C. Richards. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Moukawsher, Thomas) (Entered: 12/09/2005)	Dec. 9, 2005	Dec. 9, 2005
88	REPLY to Response to 30 MOTION to Dismiss / Supplemental Authority in Support of Dismissal filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) (Entered: 12/16/2005)	Dec. 16, 2005	Dec. 16, 2005
89	MOTION to Compel Production by Donna C. Richards.Responses due by 2/6/2006 (Moukawsher, Thomas) (Entered: 01/16/2006)	Jan. 16, 2006	Jan. 16, 2006
90	Memorandum in Support re 89 MOTION to Compel Production filed by Donna C. Richards. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Moukawsher, Thomas) (Entered: 01/16/2006)	Jan. 16, 2006	Jan. 16, 2006
91	MOTION for Leave to File Memorandum Regarding 3rd Supplemental Authority in Support of 30 Dismissal by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 1/19/2006 (Simpson, T.). (Entered: 01/18/2006)	Jan. 18, 2006	Jan. 18, 2006
92	Memorandum in Support re 91 MOTION for Leave to File Memorandum Regarding 3rd Supplemental Authority in Support of 30 Dismissal filed by Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A)(Guarraci, Brian) Modified on 1/19/2006 (Simpson, T.). (Entered: 01/18/2006)	Jan. 18, 2006	Jan. 18, 2006
93	Letter from George J. Kelly, Jr. dated 1/11/06 Re: Substituting redacted versions of Exhibits A & C, document 32 . (Cody, C.) (Entered: 01/19/2006)	Jan. 18, 2006	Jan. 18, 2006
	Docket Entry Correction re 92 Memorandum in Support of Motion, 91 MOTION for Leave to File Memorandum Regarding 3rd Supplemental Authority in Support of Dismissal MODIFIED TO CREATE DOCKET ENTRY RELATIONSHIP TO DOC #30 (Simpson, T.)	Jan. 19, 2006	Jan. 19, 2006
94	ORDER allowing request in 93 Letter re: #32 exhibits A & C. Signed by Judge Janet C. Hall on 1/20/06. (Cody, C.) (Entered: 01/20/2006)	Jan. 20, 2006	Jan. 20, 2006
	REDACTED VERSIONS OF EXHIBIT A & C submitted in paper form and substituted per Order #94 re 32 Response, 30 MOTION to Dismiss. (Cody, C.)	Jan. 20, 2006	Jan. 20, 2006

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Case Details

State / Territory:

Connecticut

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: Sept. 30, 2004

Closing Date: Oct. 15, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

former or current Fleet employees who on December 31, 1996 were over the age of 50 with 15 years of vesting service, participated in the Fleet Pension Plan before January 1, 1997, and has participated since that date

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

FleetBoston Financial Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Other Dockets: