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

Clearinghouse coding complete

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 …

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 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.

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)

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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

Docket

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

Last updated April 19, 2025, 12:14 p.m.

ECF Number Description Date Link Date / Link
111

RULING granting in part and denying in part Plaintiff's 19 Motion to Certify Class and certifies the proposed class pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure. Signed by Judge Janet C. Hall on 3/31/08. (Candee, D.)

March 31, 2006

March 31, 2006

RECAP
112

ORDER granting in part and denying in part 30 Motion to Dismiss. Signed by Judge Janet C. Hall on 3/31/06. (Candee, D.)

March 31, 2006

March 31, 2006

RECAP
148

Ruling granting in part and denying in part 128 Motion to Dismiss . Signed by Judge Janet C. Hall on 7/21/2006. (Sanders, C.) (Entered: 07/26/2006)

July 24, 2006

July 24, 2006

RECAP
150

Minute Entry for proceedings held before Judge Janet C. Hall : Telephonic Status Conference held on 7/26/2006. 10 minutes(Court Reporter Fidanza.) (Boroskey, C.) (Entered: 08/01/2006)

July 26, 2006

July 26, 2006

PACER
149

TRANSCRIPT of Proceedings held on 7/27/06 before Judge Janet C. Hall. Court Reporter: Terri Fidanza. (S-Candee, D.) (Entered: 07/31/2006)

July 28, 2006

July 28, 2006

PACER
151

MOTION for Extension of Time until August 16, 2006 to Answer Count Five of Plaintiff's Amended Complaint by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
152

ORDER granting 151 MOTION for Extension of Time until August 16, 2006 to Answer Count Five of Plaintiff's 124 Amended Complaint by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan . Signed by Judge Janet C. Hall on 8/15/06. (Boroskey, C.) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER

Answer deadline updated for Bank of America Corp to 8/16/2006; Fleetboston Financial Corp to 8/16/2006; FleetBoston Financial Pension Plan to 8/16/2006. (Boroskey, C.)

Aug. 16, 2006

Aug. 16, 2006

PACER
153

ENTERED IN ERROR - RESPONSE re 124 Amended Complaint Answer to Count V of Amended Complaint with Affirmative Defenses and Special Defenses by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 8/17/2006 (Candee, D.). (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
154

RESPONSE re 124 Amended Complaint - Answer to Count V of Amended Complaint with Affirmative Defenses and Special Defenses by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. Correcting document # 153 originally docketed as response to motion. (Candee, D.) (Entered: 08/17/2006)

Aug. 16, 2006

Aug. 16, 2006

PACER
155

MOTION to Amend/Correct 111 Order on Motion to Certify Class by Donna C. Richards.Responses due by 9/8/2006 (Moukawsher, Thomas) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
156

Memorandum in Support re 155 MOTION to Amend/Correct 111 Order on Motion to Certify Class filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
157

ENTERED IN ERROR - MOTION for Certificate of Appealability To Modify March 31, 2006 112 Order Pursuant to 28 U.S.C. 1292(b) or, In The Alternative, To Reconsider That Order As It Relates to Count I by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 8/28/2006 to create link to document # 112 (Candee, D.). (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

PACER
158

Memorandum in Support re 157 MOTION for Certificate of Appealability To Modify March 31, 2006 Order Pursuant to 28 U.S.C. 1292(b) or, In The Alternative, To Reconsider That Order As It Relates to Count I filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A;# 2 Exhibit B;# 3 Exhibit C;# 4 Exhibit D;# 5 Exhibit E;# 6 Exhibit F;# 7 Exhibit G;# 8 Exhibit H;# 9 Attachment - Unreported Decisions)(Guarraci, Brian) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

PACER
159

MOTION for Reconsideration re 112 Order on Motion to Dismiss by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan.Responses due by 9/15/2006 (Attachments: # 1 Memorandum in Support; # 2 Exhibit A; # 3 Exhibit B; # 4 Exhibit C; # 5 Exhibit D; # 6 Exhibit E; # 7 Exhibit F; # 8 Exhibit G; # 9 Exhibit H; # 10 Exhibit Unreported Cases). Originally docketed in error as document # 157, redocketed to properly identify as a two part motion.(Candee, D.) (Entered: 08/28/2006)

Aug. 25, 2006

Aug. 25, 2006

PACER
160

Memorandum in Opposition to Plaintiff's Motion for Amended Class Certification re 155 MOTION to Amend/Correct 111 Order on Motion to Certify Class filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A# 2 Exhibit B - Part 1# 3 Exhibit B - Part 2# 4 Exhibit B - Part 3# 5 Exhibit B - Part 4# 6 Exhibit C# 7 Appendix 1)(Guarraci, Brian) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
161

MOTION for Leave to File Supplemental Authority by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit 1)(Guarraci, Brian) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
162

ORDER granting 161 MOTION for Leave to File Supplemental Authority by Bank of America Corp, FleetBoston Financial Corp, FleetBoston Financial Pension Plan. The parties are to E-file the Supplemental Authority. Signed by Judge Janet C. Hall on 9/11/06. (Szczygiel, G.) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

PACER
163

NOTICE by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan of E-Filing of Supplemental Authority in Support of 159 Motion to Modify March 31, 2006 Order Pursuant to 28 U.S.C. Section 1292(b) (Gross, Scott) Modified on 9/15/2006 to create link to document # 159 (Candee, D.). (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

PACER
164

First MOTION for Extension of Time to File Response/Reply (unopposed) as to 155 MOTION to Amend/Correct 111 Order on Motion to Certify Class until October 6, 2006 by Donna C. Richards. (Moukawsher, Thomas) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
165

MOTION to Compel Production by Donna C. Richards.Responses due by 10/13/2006 (Moukawsher, Thomas) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
166

Memorandum in Support re 165 MOTION to Compel Production filed by Donna C. Richards. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Moukawsher, Thomas) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
167

MOTION for Extension of Time until 60 days after the Court's Ruling on Plaintiff's Motion to Compel of all Case Deadlines (Unopposed) by Donna C. Richards. (Moukawsher, Thomas) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
168

ORDER granting 164 Motion for Extension of Time to File Response/Reply re 155 MOTION to Amend/Correct 111 Order on Motion to Certify Class Responses due by 10/6/2006. So Ordered. Signed by Judge Janet C. Hall on 10/3/06. (Boroskey, C.) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

PACER
169

NOTICE TO COUNSEL RE: E-FILE CALENDAR. TELEPHONIC CONFERENCE set for 10/11/2006 at 2:00 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: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

PACER
170

MOTION to Amend/Correct 124 Amended Complaint by Donna C. Richards.Responses due by 10/27/2006 (Attachments: # 1 Exhibit A: Second Amended Complaint)(Moukawsher, Thomas) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
171

Memorandum in Support re 170 MOTION to Amend/Correct 124 Amended Complaint filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
172

REPLY to Response to 155 MOTION to Amend/Correct 111 Order on Motion to Certify Class filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
191

Minute Entry for proceedings held before Judge Janet C. Hall : Motion Hearing held on 10/11/2006 re 167 MOTION for Extension of Time until 60 days after the Court's Ruling on Plaintiff's Motion to Compel of all Case Deadlines (Unopposed) filed by Donna C. Richards. 20 minutes(Court Reporter Corriette.) (Boroskey, C.) (Entered: 11/13/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
192

ORDER denying 167 Motion for Extension of Time for deadlines . Signed by Judge Janet C. Hall on 10/11/06. (Boroskey, C.) (Entered: 11/13/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
173

Memorandum in Opposition to Plaintiff's Motion to Compel Production re 165 MOTION to Compel Production filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Appendix 1 - Unreported Cases)(Guarraci, Brian) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
174

RULING denying 157 Motion for Certificate of Appealability, denying 159 Motion for Reconsideration. Signed by Judge Janet C. Hall on 10/16/06. (Candee, D.) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

PACER
175

RULING granting in part and denying in part 155 Motion to Amend Class Certification. Signed by Judge Janet C. Hall on 10/16/06. (Candee, D.) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

PACER
176

ORDER TO DEFENDANTS, Set Deadlines as to Response to Order due by 10/31/2006. Signed by Judge Janet C. Hall on 10/18/06. (Candee, D.) (Entered: 10/19/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
177

MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order by Fidelity Investments Institutional Services Co., Inc..Responses due by 11/16/2006 (Carroll, Keith) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
178

Memorandum in Support re 177 MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order filed by Fidelity Investments Institutional Services Co., Inc.. (Carroll, Keith) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
179

AFFIDAVIT re 177 MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order, 178 Memorandum in Support of Motion, Signed By Laura Tholen filed by Fidelity Investments Institutional Services Co., Inc.. (Attachments: # 1 Exhibits A-D# 2 Exhibits E-H)(Carroll, Keith) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
180

AFFIDAVIT re 177 MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order, 178 Memorandum in Support of Motion, Signed By Keith P. Carroll filed by Fidelity Investments Institutional Services Co., Inc.. (Carroll, Keith) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
181

REPLY to Response to 165 MOTION to Compel Production filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
182

Memorandum in Opposition re 170 MOTION to Amend/Correct 124 Amended Complaint filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Appendix of Unreported Cases)(Guarraci, Brian) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
183

RESPONSE re: 176 ORDER To Defendants filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A# 2 Errata B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Guarraci, Brian) Modified on 11/1/2006 to creaate link to document # 176 (Candee, D.). (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

PACER

Set Deadlines/Hearings: Motion Hearing as to (177) Motion For Protective Order of Third Party Witness set for 11/6/2006 05:00 PM by telephone in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. (Boroskey, C.)

Nov. 1, 2006

Nov. 1, 2006

PACER
184

CERTIFICATE OF SERVICE by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan re 183 Response, (Guarraci, Brian) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
185

Memorandum in Opposition re 177 MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order filed by Donna C. Richards. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E)(Moukawsher, Thomas) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
186

RESPONSE re 177 MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order and Update on Production of Participant Data filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Guarraci, Brian) (Entered: 11/05/2006)

Nov. 5, 2006

Nov. 5, 2006

PACER
187

MOTION for Leave to Appear Pro Hac Vice for Attorney Kevin M. McGinty. Filing Fee $25.00. Receipt Number B013147 by Fidelity Investments Institutional Services Co., Inc.. (Attachments: # 1 Affidavit of Kevin McGinty) (Candee, D.) Modified on 11/7/2006 (Candee, D.). (Entered: 11/07/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER

Docket Entry Correction - Docket entry modified to indicate correct fililng date of 11/6/06 re 187 MOTION for Leave to Appear Pro Hac Vice Attorney Kevin M. McGinty. Filing Fee $25.00. Receipt Number B013147. (Candee, D.)

Nov. 6, 2006

Nov. 6, 2006

PACER
189

Minute Entry for proceedings held before Judge Janet C. Hall : Motion Hearing held on 11/6/2006 by telephone re 177 MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order filed by Fidelity Investments Institutional Services Co., Inc. 45 minutes(Court Reporter Fidanza.) (Boroskey, C.) (Entered: 11/08/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
188

ORDERED ACCORDINGLY 187 Motion to Appear Pro Hac Vice for Attorney Kevin M. McGinty. Signed by Clerk on 11/7/06. (Candee, D.) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
190

ORDER re defendants are ordered to produce for in camera inspection all the documents provided in their privilege list which are still being withheld on privilege grounds & parties are requested to file a supplemental memorandum re 165 MOTION to Compel Production. Signed by Judge Janet C. Hall on 11/8/06. (Beverley, T.) (Entered: 11/13/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
193

First MOTION for Extension of Time to File Response/Reply as to 170 MOTION to Amend/Correct 124 Amended Complaint until November 27, 2006 by Donna C. Richards. (Moukawsher, Thomas) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
194

ORDER granting 193 Motion for Extension of Time until 11/27/06 to File Response/Reply re 170 MOTION to Amend/Correct 124 Amended Complaint Responses due by 11/27/2006. SO ORDERED. Signed by Judge Janet C. Hall on 11/15/2006. (Sanders, C.) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
195

Supplemental Memorandum in Support re 165 MOTION to Compel Production filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
196

Supplemental RESPONSE re 190 Order, filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A)(Guarraci, Brian) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
197

Joint MOTION for Extension of Time of 60 Days to File Dispositive Motions and Remaining Case Deadlines by Donna C. Richards, Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Moukawsher, Thomas) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
198

MOTION to Strike the Rebuttal Report of Victor P. Maiorana by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan.Responses due by 12/8/2006 (Gross, Scott) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
199

Memorandum in Support re 198 MOTION to Strike the Rebuttal Report of Victor P. Maiorana filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A - Revised CV# 2 Exhibit B - Original CV# 3 Exhibit C - Maiorana Dep# 4 Exhibit D - 2005 Scheduling Order# 5 Exhibit E - Bosley CV# 6 Exhibit F - 2006 Scheduling Order# 7 Exhibit G - Rebuttal Report# 8 Exhibit G - Part 2# 9 Exhibit G - Part 3# 10 Exhibit G - Part 4# 11 Exhibit G - Part 5# 12 Exhibit H - Response to First Set of Interrogatories# 13 Exhibit I - Motion for Two Week Extension# 14 Exhibit J - Second Motion for Extension# 15 Exhibit K - Third Motion for Extension# 16 Exhibit L - Unreported Cases)(Gross, Scott) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
202

ORDER granting 197 Motion for Extension of Time of 60 Days to File Dispositive Motions and Remaining Case Deadlines; SO ORDERED . Signed by Judge Janet C. Hall on 11/21/2006. (Sanders, C.) (Entered: 11/28/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER

Reset Deadlines: Dispositive Motions due by 2/1/2007. Trial Brief due by 4/30/2007. Trial Ready Date 7/30/2007. (Sanders, C.)

Nov. 21, 2006

Nov. 21, 2006

PACER
200

REPLY to Response to 170 MOTION to Amend/Correct 124 Amended Complaint filed by Donna C. Richards. (Moukawsher, Thomas) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

PACER
201

CALENDAR ENTRY:Motion Hearing set for 12/8/2006 10:30 AM for 165 MOTION to Compel in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. PLEASE READ AND COMPLY WITH THE ATTACHED DISCOVERY HEARING INSTRUCTIONS. THERE ARE 4 CASES AND 8 MOTIONS CURRENTLY ON THE CALENDAR FOR DECEMBER 8, 2006. COUNSEL ARE ENCOURAGED TO DISCUSS THE PENDING MATTERS IN AN ATTEMPT TO NARROW THE ISSUES IN DISPUTE. COUNSEL SHALL REPORT TO THE COURTROOM DEPUTY PRIOR TO THE OPENING OF COURT WHICH ISSUES ARE STILL OUTSTANDING. THE COURT WILL HEAR AGREEMENTS FIRST. (DeRubeis, B.) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
203

ORDER granting in part and denying in part as stated on the record on 10/26/06 177 Motion for Protective Order . Signed by Judge Janet C. Hall on 11/28/06. (Boroskey, C.) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
204

ORDER re Defendants have failed to provide chambers copies of 199 Memorandum in Support of Motion 198 MOTION to Strike the Rebuttal Report of Victor P. Maiorana, including attachments, in violation of court's 3 Electronic Filing Order. Defendants are ordered to file chambers copies of this Memorandum no later than Friday, DECEMBER 1, 2006. Signed by Judge Janet C. Hall on 11/30/06. (Candee, D.) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
205

Memorandum in Opposition re 198 MOTION to Strike the Rebuttal Report of Victor P. Maiorana filed by Donna C. Richards. (Attachments: # 1 Exhibit A, Rebuttal Report# 2 Exhibit B, Vita# 3 Exhibit C, Deposition)(Moukawsher, Thomas) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

PACER
209

Minute Entry for proceedings held before Judge Janet C. Hall : Motion Hearing held on 12/8/2006 re 165 MOTION to Compel Production filed by Donna C. Richards, 198 MOTION to Strike the Rebuttal Report of Victor P. Maiorana filed by Bank of America Corp, FleetBoston Financial Pension Plan, Fleetboston Financial Corp, 177 MOTION for Protective Order Motion of Third Party Witness Fidelity Investments Institutional Services Co., Inc. for a Protective Order filed by Fidelity Investments Institutional Services Co., Inc.. Total Time: 2 hours and 55 minutes(Court Reporter Fidanza.) (Boroskey, C.) (Entered: 12/16/2006)

Dec. 8, 2006

Dec. 8, 2006

PACER
206

AMENDED COMPLAINT (SECOND) against Bank of America Corp, Fleetboston Financial Corp, Fidelity Investments Institutional Services Co., Inc., FleetBoston Financial Pension Plan, filed by Donna C. Richards.(Moukawsher, Thomas) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

PACER
207

Supplemental AFFIDAVIT re 173 Memorandum in Opposition to 165 Motion, submitted in connection with Defendants' Opposition to Plaintiff's Motion to Compel Signed By Robert J. King, Jr. filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 12/18/2006 to create link to document # 165 (Candee, D.). (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
208

AFFIDAVIT re 173 Memorandum in Opposition to 165 Motion, submitted in connection with Defendants' Opposition to Plaintiff's Motion to Compel Signed By James E. Earle filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) Modified on 12/18/2006 to create link to document # 165 (Candee, D.). (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
210

ORDER granting in part and denying in part on the record 165 Motion to Compel; granting 170 Motion to Amend/Correct - parties will file amended complaint; taking under advisement 198 Motion to Strike. Signed by Judge Janet C. Hall on 12/8/06. (Boroskey, C.) (Entered: 12/16/2006)

Dec. 16, 2006

Dec. 16, 2006

PACER

Set Deadlines at hearing on the record on 12/8/06: Discovery due by 1/31/2007,Dispositive Motions due by 2/28/2007. (Boroskey, C.)

Dec. 16, 2006

Dec. 16, 2006

PACER
211

TRANSCRIPT of Discovery Hearing held on 12/8/06 before Judge Janet C. Hall. Court Reporter: Terri Fidanza. (Simpson, T.) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

PACER
212

Second MOTION to Amend/Correct Class Certification by Donna C. Richards.Responses due by 1/12/2007 (Moukawsher, Thomas) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
213

Memorandum in Support re 212 Second MOTION to Amend/Correct Class Certification filed by Donna C. Richards. (Attachments: # 1 Exhibit A, October 16, 2006 Ruling on Class Certification)(Moukawsher, Thomas) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
214

REPLY to Response to 198 MOTION to Strike the Rebuttal Report of Victor P. Maiorana filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit A)(Guarraci, Brian) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
215

ANSWER to Amended Complaint with Affirmative Defenses and Special Defenses by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan.(Kelly, Erin) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

PACER
216

Joint MOTION for Extension of Time until February 2, 2007 for Plaintiff to File Motion to Compel and for Defendants to File Opposition to 212 Second MOTION to Amend/Correct Class Certification by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Guarraci, Brian) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
217

ORDER granting 216 Motion for Extension of Time until February 2, 2007 for Plaintiff to File Motion to Compel and for Defendants to File Opposition to 212 Second MOTION to Amend/Correct Class Certification by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan.. SO ORDERED by Judge Janet C. Hall on 1/8/2007. (Sanders, C.) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

PACER
218

Reset Deadlines as to 212 Second MOTION to Amend/Correct Class Certification. Responses due by 2/2/2007 (Sanders, C.) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

PACER
219

MOTION for Leave to Appear Pro Hac Vice re Attorney David B. Johnson. Filing Fee $25.00. Receipt Number B013494. by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Candee, D.) (Entered: 01/16/2007)

Jan. 11, 2007

Jan. 11, 2007

PACER
220

ORDER granting 219 Motion to Appear Pro Hac Vice for David B. Johnson. Signed by Clerk on 1/16/07. (Candee, D.) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
221

NOTICE of Appearance by David B. Johnson on behalf of Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan (Johnson, David) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

PACER
222

NOTICE of Appearance by Helen Harris on behalf of all defendants (Harris, Helen) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

PACER
223

NOTICE of Appearance by Stanley A. Twardy, Jr on behalf of all defendants (Twardy, Stanley) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

PACER
224

NOTICE of Appearance by Thomas D. Goldberg on behalf of all defendants (Goldberg, Thomas) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

PACER
225

Memorandum in Opposition to Plaintiff's Motion for Second Amended Class Certification re 212 Second MOTION to Amend/Correct Class Certification filed by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Supplement 1)(Guarraci, Brian) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
226

Joint STIPULATION FOR REFERENCE TO ALTERNATIVE DISPUTE RESOLUTION by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Harris, Helen) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

PACER
227

SO ORDERED re 226 Stipulation filed by Bank of America Corp, FleetBoston Financial Pension Plan, Fleetboston Financial Corp. Signed by Judge Janet C. Hall on 2/12/07. (Candee, D.) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

PACER
228

Amended STIPULATION re 226 Stipulation for Reference to Alternative Dispute Resolution by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Goldberg, Thomas) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

PACER
229

ORDER re 228 Stipulation filed by Bank of America Corp, FleetBoston Financial Pension Plan, Fleetboston Financial Corp. SO ORDERED by Judge Janet C. Hall on 4/18/07. (Klein, V.) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
230

Second STIPULATION Joint Second Amended Stipulation for Reference to Alternative Dispute Resolution by Bank of America Corp, Fleetboston Financial Corp, FleetBoston Financial Pension Plan. (Harris, Helen) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

PACER
231

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Conference set for 7/10/2007 02:00 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT 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. (DeRubeis, B.) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

PACER
232

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Status Conference set for 7/6/2007 11:30 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. The conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203)579-5554 (Klein, V.) Modified on 7/2/2007 (Klein, V.). (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER

Docket Entry Correction re 232 Calendar Entry,, (MODIFIED TO EDIT TEXT) (Klein, V.)

July 2, 2007

July 2, 2007

PACER
236

Minute Entry for proceedings held before Judge Janet C. Hall : Telephone Status Conference held on 7/6/2007. 15 minutes(Court Reporter T. Fidanza.) (Klein, V.) (Entered: 07/09/2007)

July 6, 2007

July 6, 2007

PACER
233

ORDER re 230 Stipulation filed by Bank of America Corp, FleetBoston Financial Pension Plan, Fleetboston Financial Corp. SO ORDERED by Judge Janet C. Hall on 7/6/07. (S-Klein, V.) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

PACER
234

ORDER terminating 198 Motion to Strike in light of extended stay without prejudice to reclaim after 9/20/07. SO ORDERED by Judge Janet C. Hall on 7/6/07. (Klein, V.) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

PACER
235

ORDER terminating 212 Motion to Amend/Correct in light of extended stay without prejudice to reclaim after 9/20/07. SO ORDERED by Judge Janet C. Hall on 7/6/07. (Klein, V.) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

PACER
237

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 9/27/2007 12:30 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT 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. (DeRubeis, B.) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
238

Minute Entry for proceedings held before Judge Janet C. Hall : Telephone Status Conference held on 9/27/2007. 15 minutes(Court Reporter T. Fidanza.) (Klein, V.) (Entered: 10/04/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
239

ORDER the stay previously entered (See Doc. No. 227 & 233) is extended for the reasons stated on the record 9/27/07, until Novemeber 30, 2007. The parties shall file a status report by November 19, 2007. SO ORDERED by Judge Janet C. Hall on 10/1/07. (Klein, V.) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $83 million

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Accommodation / Leave

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

Disparate Treatment

Pay / Benefits

Discrimination Basis:

Age discrimination