Case: Pagliolo v. Guidant Corp.

0:06-cv-00943 | U.S. District Court for the District of Minnesota

Filed Date: March 1, 2006

Closed Date: Dec. 24, 2008

Clearinghouse coding complete

Case Summary

On March 1st, 2006, a group of former employees of Guidant Corporation filed a lawsuit under 28 U.S.C. § 2201 against Guidant Corporation in the United States District Court for the District of Minnesota. The plaintiff, represented by private counsel, asked the court for declaratory judgment that the Severance Agreement and Release of Claims was invalid under the Older Workers Benefits Protection Act ("OWBPA"). The plaintiffs claimed that employment Releases given by Guidant Corporation failed …

On March 1st, 2006, a group of former employees of Guidant Corporation filed a lawsuit under 28 U.S.C. § 2201 against Guidant Corporation in the United States District Court for the District of Minnesota. The plaintiff, represented by private counsel, asked the court for declaratory judgment that the Severance Agreement and Release of Claims was invalid under the Older Workers Benefits Protection Act ("OWBPA"). The plaintiffs claimed that employment Releases given by Guidant Corporation failed to comply with the OWBPA and were invalid. Plaintiffs also asked the Court for summary judgment on Guidant's counterclaims in the case, which were for declaratory judgment under 28 U.S.C. § 2201 that the employment Release was valid under OWBPA. Guidant also made counterclaims for unjust enrichment, restitution, recoupment, and setoff, and breach of contract.

In 2004, Guidant Corporation began developing "Project Apple," which was a codename for a Reduction in Force (RIF). Guidant began selecting employees at the local level whose employment would be terminated. Ultimately, over 700 employees were informed their employment would be terminated. As part of the "RIF," these employees were given notice for eligibility of benefits. Each terminated employee received a package of documents including a cover letter, a copy of the Severance Agreement and Release of Claims (the "Release"), a statement of Severance Pay and Benefits, along with a Severance Eligibility Disclosure.

One plaintiff, Joseph Pagliolo, ultimately used information in the Severance Eligibility Disclosure to perform an analysis that led to his choice in not signing the Release. His calculations showed that a disproportionate number of employees ages 40 and older had been affected by the RIF. This information led to forming the case at hand in which employees claim Guidant had engaged in age discrimination when terminating the 700 employees.

Specifically, the plaintiff claimed that Exhibit B, the employment Release form, violated the OWBPA. Within an employment release form, there are certain statutory requirements that must be met or else it is ineffective under the law.

On June 11th, 2007, plaintiffs filed a motion for class certification, and the Court approved the class on September 28th, 2007.

The Court (Judge Donovan W. Frank) found that Guidant Corporation did not meet statutory requirements for various parts of the employment Release form that was part of employees' severance packages. First, the Court held that the Release form contained material misrepresentations that failed to satisfy OWBPA. The form included a list of employees who were redeployed for employment as part of the group of employees eligible for severance benefits. This material misrepresentation had the effect of making it appear that there were 10% fewer terminations of employees ages 40 and older. The Court also found that the Release form did not disclose the decisional unit for the RIF and did not give employees a document that explained the eligibility factors for the RIF. Lastly, the Court found that Guidant did not satisfactorily fulfill the age and job formatting requirements. Guidant failed to provide the age on the Project Apple Spreadsheet, but rather only included birthdates.

On September 28th, 2007, the Court ordered that the Releases signed by plaintiffs under the Older Workers Benefits Protection Act were void, with respect to plaintiffs' claims under the Age Discrimination in Employment Act. The Court dismissed defendants' counterclaims for declaratory judgment and breach of contract. The Court also denied defendants' motion for partial summary judgment.

Summary Authors

Julianne Nowicki (7/28/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4739895/parties/pagliolo-v-guidant-corporation/


Judge(s)

Frank, Donovan W. (Minnesota)

Attorney for Plaintiff

Bertelson, Beth E. (Minnesota)

Foster, Wood R. Jr. (Minnesota)

Attorney for Defendant

Blickenstaff, Leslie S. (Massachusetts)

Cross, Tonya M. (California)

Documents in the Clearinghouse

Documents in this case

0:06-cv-00943

Docket

Pagliolo v. Guidant Corporation

Dec. 24, 2008

Dec. 24, 2008

Docket
1

0:06-cv-00943

Complaint

Pagliolo v. Guidant Corporation

March 1, 2006

March 1, 2006

Complaint
63

0:06-cv-00943

ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS JUDY MATHIOWETZ AND PATRICIA WILKE

Pagliolo v. Guidant Corporation

June 5, 2007

June 5, 2007

Order/Opinion
66

0:06-cv-00943

Plaintiffs’ Motion for Conditional Certification and Mailing of Notice to Similarly Situated Individuals

Pagliolo v. Guidant Corporation

June 11, 2007

June 11, 2007

Pleading / Motion / Brief
101

0:06-cv-00943

MEMORANDUM OPINION AND ORDER

Pagliolo v. Guidant Corporation

Sept. 28, 2007

Sept. 28, 2007

Order/Opinion

2007 WL 2892400

185

0:06-cv-00943

ORDER OF DISMISSAL WITH PREJUDICE

Pagliolo v. Guidant Corporation

Dec. 23, 2007

Dec. 23, 2007

Order/Opinion
186

0:06-cv-00943

Judgment

Pagliolo v. Guidant Corporation

Dec. 24, 2008

Dec. 24, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4739895/pagliolo-v-guidant-corporation/

Last updated Oct. 29, 2026, 7:11 p.m.

Docket for: Pagliolo v. Guidant Corporation
ECF Number Date Description Link
1 March 1, 2006

COMPLAINT with Jury Demand against Defendants ( Filing fee $ 250 receipt number 4001647.) assigned to Judge Donovan W Frank per Civil Rights referred to Magistrate Judge Susan R Nelson, filed by Plaintiffs (Attachments: # 1 Exhibit 1-6# 2 Exhibit 7-8# 3 Exhibit 9 Part 1# 4 Exhibit 9 Part 2# 5 Exhibit 9 Part 3# 6 Exhibit 9 Part 4# 7 Civil Cover Sheet)(LPH) Modified on 7/21/2006 (MKC). (Entered: 03/02/2006)

RECAP
March 1, 2006

Summons Issued as to Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (LPH)

2 April 5, 2006

ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint,,,,, of Plaintiff's Complaint Acknowledgement filed by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Prokott, Daniel) (Entered: 04/05/2006)

RECAP
3 April 5, 2006

STIPULATION for Extension of Time to Answer Complaint 1 by all partiess (Prokott, Daniel) Modified on 7/21/2006 (mkc). (Entered: 04/05/2006)

RECAP
4 April 6, 2006

ORDER re 3 Stipulation. Guidant Corporation answer due 5/1/2006; Guidant Endovascular Solutions, Inc. answer due 5/1/2006; Guidant Sales Corporation answer due 5/1/2006; Advanced Cardiovascular Systems, Inc. answer due 5/1/2006; Cardiac Pacemakers, Inc. answer due 5/1/2006. Signed by Magistrate Judge Susan R Nelson on 4/6/06. (JLB) (Entered: 04/06/2006)

RECAP
5 May 1, 2006

ANSWER to Complaint, COUNTERCLAIM against Plaintiffs by Defendants.(Robbins, Holly) Modified on 7/21/2006 (mkc). (Entered: 05/01/2006)

RECAP
6 May 1, 2006

RULE 7.1 DISCLOSURE STATEMENT by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. of 1. Boston Scientific Corporation; 2. Guidant Corporation; 3. Abbott Vascular, Inc. as corporate parent and/or publicly held company 1. Guidant Corporation; 2. Guidant Sales Corporation and Cardiac Pacemakers, Inc.; 3. Guidant Endovascular Solutions, Inc. and Advanced Cardiovascular Systems, Inc.. (Robbins, Holly) (Entered: 05/01/2006)

RECAP
7 May 1, 2006

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 6 Rule 7.1 - Disclosure Statement,,, 5 Answer to Complaint,,,,, Counterclaim,,,, (Robbins, Holly) (Entered: 05/01/2006)

RECAP
8 May 2, 2006

NOTICE OF PRETRIAL CONFERENCE Rule 26 Meeting Report due by 6/5/2006. Pretrial Conference set for 6/15/2006 03:15 PM in Minneapolis - in Chambers Suite 9E before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 5/2/06. (Attachments: # 1 Consent Form)(JLB) (Entered: 05/02/2006)

RECAP
9 May 24, 2006

REPLY to Counterclaim by Joseph Pagliolo. (Attachments: # 1 Affidavit of Service)(Streitz, Jay) (Entered: 05/24/2006)

RECAP
10 June 5, 2006

JOINT REPORT of Rule 26(f) Planning Meeting.(Prokott, Daniel) Modified on 7/21/2006 (MKC). (Entered: 06/05/2006)

RECAP
11 June 15, 2006

Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Rule 16 Scheduling Conference held on 6/15/2006. (JLB) (Entered: 06/16/2006)

RECAP
12 June 16, 2006

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 9/1/2006. Discovery due by 11/1/2006. Motions (non-disp) due 11/15/2006. Motions (disp) due by 2/1/2007. Signed by Magistrate Judge Susan R Nelson on 6/16/06. (JLB) (Entered: 06/16/2006)

RECAP
13 Dec. 12, 2006

MOTION for Partial Summary Judgment ( Invalidity of Releases) by all Plaintiffs. (Attachments: # 1 Certificate of Service)(Foster, Wood) Modified text on 1/9/2007 (dch). (Entered: 12/12/2006)

RECAP
14 Dec. 12, 2006

NOTICE OF HEARING ON MOTION 13 MOTION for Partial Summary Judgment ( Invalidity of Releases): Motion Hearing set for 1/26/2007 11:00 AM before Judge Donovan W. Frank. (Foster, Wood) (Entered: 12/12/2006)

RECAP
15 Dec. 12, 2006

MEMORANDUM in Support re 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 12/12/2006)

RECAP
16 Dec. 12, 2006

AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1 - Part 1# 2 Exhibit(s) 1 - Part 2# 3 Exhibit(s) 1 - Part 3# 4 Exhibit(s) 2-7# 5 Exhibit(s) 8-10# 6 Exhibit(s) 11-14# 7 Exhibit(s) 15-18# 8 Exhibit(s) 19-20# 9 Exhibit(s) 21 - Part 1# 10 Exhibit(s) 21 - Part 2# 11 Exhibit(s) 21 - Part 3# 12 Exhibit(s) 22-24)(Foster, Wood) (Entered: 12/12/2006)

RECAP
17 Dec. 12, 2006

MOTION for Summary Judgment by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Robbins, Holly) (Entered: 12/12/2006)

RECAP
18 Dec. 12, 2006

NOTICE OF HEARING ON MOTION 17 MOTION for Summary Judgment: Motion Hearing set for 1/26/2007 11:00 AM in St Paul - Courtroom 1 before Judge Donovan W. Frank. (Robbins, Holly) (Entered: 12/12/2006)

RECAP
19 Dec. 12, 2006

MEMORANDUM in Support re 17 MOTION for Summary Judgment filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Robbins, Holly) (Entered: 12/12/2006)

RECAP
20 Dec. 12, 2006

AFFIDAVIT of Mary Beth Conzett in SUPPORT OF 17 MOTION for Summary Judgment filed by all defendants. (Robbins, Holly) (Entered: 12/12/2006)

RECAP
21 Dec. 12, 2006

AFFIDAVIT of John Lapke in SUPPORT OF 17 MOTION for Summary Judgment filed by all defendants. (Robbins, Holly) (Entered: 12/12/2006)

RECAP
22 Dec. 12, 2006

EXHIBIT re 17 MOTION for Summary Judgment by all defendants filed by all defendants. (Attachments: # 1 Exhibit(s) Pages 1-193# 2 Exhibit(s) Pages 194-274)(Robbins, Holly) (Entered: 12/12/2006)

RECAP
23 Dec. 12, 2006

EXHIBIT re 17 MOTION for Summary Judgment (Continuation of Docket #22) by all defendants filed by all defendants. (Attachments: # 1 Exhibit(s) Pages 339-373# 2 Exhibit(s) Pages 374-402# 3 Exhibit(s) Pages 403-427)(Robbins, Holly) (Entered: 12/12/2006)

RECAP
24 Dec. 12, 2006

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. Relates to Docket entries 17-23 (Robbins, Holly) (Entered: 12/12/2006)

RECAP
25 Jan. 8, 2007

MEMORANDUM in Opposition re 17 MOTION for Summary Judgment filed by all plaintiffs. (Foster, Wood) (Entered: 01/08/2007)

RECAP
26 Jan. 8, 2007

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all plaintiffs re 25 Memorandum in Opposition to Motion filed by all plaintiffs. (Foster, Wood) (Entered: 01/08/2007)

RECAP
27 Jan. 8, 2007

AFFIDAVIT of Wood R. Foster, Jr. in OPPOSITION TO 17 MOTION for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Exhibit(s) Attachment 25-31# 2 Exhibit(s) Attachments 32-33)(Foster, Wood) (Entered: 01/08/2007)

RECAP
28 Jan. 8, 2007

CERTIFICATE OF SERVICE by all plaintiffs re 27 Affidavit in Opposition to Motion, 26 LR7.1 Word Count Compliance Certificate, 25 Memorandum in Opposition to Motion (Foster, Wood) Modified text on 1/9/2007 (dch). (Entered: 01/08/2007)

RECAP
29 Jan. 8, 2007

MEMORANDUM in Opposition re 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)

RECAP
30 Jan. 8, 2007

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all defendants re 29 Memorandum in Opposition to Motion filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)

RECAP
31 Jan. 8, 2007

EXHIBIT re 29 Memorandum in Opposition to Motion by all defendants filed by all defendants. (Attachments: # 1 Exhibit(s) Pages GC00428-00440)(Robbins, Holly) (Entered: 01/08/2007)

RECAP
32 Jan. 8, 2007

AFFIDAVIT of Mary Beth Conzett in OPPOSITION TO 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)

RECAP
33 Jan. 8, 2007

AFFIDAVIT of John Lapke in OPPOSITION TO 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all defendants. (Robbins, Holly) (Entered: 01/08/2007)

RECAP
34 Jan. 8, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 30 LR7.1 Word Count Compliance Certificate, 29 Memorandum in Opposition to Motion, 31 Exhibit, 33 Affidavit in Opposition to Motion, 32 Affidavit in Opposition to Motion (Robbins, Holly) (Entered: 01/08/2007)

RECAP
35 Jan. 16, 2007

REPLY re 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 01/16/2007)

RECAP
36 Jan. 16, 2007

AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) (Third) filed by all plaintiffs. (Foster, Wood) (Entered: 01/16/2007)

RECAP
37 Jan. 16, 2007

CERTIFICATE OF SERVICE by Joseph Pagliolo re 36 Affidavit in Support of Motion, 35 Reply (Foster, Wood) (Entered: 01/16/2007)

RECAP
38 Jan. 16, 2007

REPLY re 17 MOTION for Summary Judgment filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Robbins, Holly) (Entered: 01/16/2007)

RECAP
39 Jan. 16, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 38 Reply (Robbins, Holly) (Entered: 01/16/2007)

RECAP
40 Jan. 18, 2007

AMENDED NOTICE of Hearing on Motion 17 MOTION for Summary Judgment: Motion Hearing set for 2/21/2007 09:00 AM in St Paul - Courtroom 1 before Judge Donovan W. Frank. (Robbins, Holly) Modified text on 1/19/2007 (dch). (Entered: 01/18/2007)

RECAP
41 Jan. 18, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 40 Amended Notice of Hearing on Motion (Robbins, Holly) (Entered: 01/18/2007)

RECAP
42 Jan. 18, 2007

AMENDED NOTICE of Hearing on Motion 13 MOTION for Partial Summary Judgment ( Invalidity of Releases): Motion Hearing set for 2/21/2007 09:00 AM in St Paul - Courtroom 1 before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(Foster, Wood) (Entered: 01/18/2007)

RECAP
Jan. 31, 2007

**TEXT ONLY***SECOND AMENDED NOTICE re 42 Amended Notice of Hearing on Motion 13 MOTION for Partial Summary Judgment ( Invalidity of Releases): Motion Hearing previously set for 2/21/2007 09:00 AM in St Paul - Courtroom 1 before Judge Donovan W. Frank has been rescheduled by the Court for 2:00 PM in the afternoon of 2/21/07. (lml)

43 Feb. 21, 2007

Minute Entry for proceedings held before Judge Donovan W. Frank : Motion Hearing held on 2/21/2007 re 17 MOTION for Summary Judgment filed by Plaintiffs, 13 MOTION for Partial Summary Judgment ( Invalidity of Releases) filed by Plaintiffs. (Court Reporter Jeanne Anderson) (lml) (Entered: 02/22/2007)

RECAP
44 March 21, 2007

TRANSCRIPT of Cross Motions for Summary Judgment held on February 21, 2007 before Judge Donovan W. Frank. Court Reporter: Jeanne M. Anderson. (74pgs) FILED CONVENTIONALLY (dch) (Entered: 03/21/2007)

RECAP
45 April 4, 2007

MEMORANDUM OPINION AND ORDER denying 17 Defendants' Motion for Summary Judgment, granting in part and denying in part 13 Plaintiffs' Motion for Partial Summary Judgment (Written Opinion). Signed by Judge Donovan W. Frank on 4/4/07. (lml) (Entered: 04/04/2007)

RECAP
46 April 17, 2007

NOTICE OF PRETRIAL CONFERENCE Pretrial Conference set for 5/18/2007 11:30 AM in Chambers, Suite 9E, Hearing before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 4/17/07. (Attachments: # 1 Consent Form)(JMH) (Entered: 04/17/2007)

RECAP
47 April 30, 2007

NOTICE of Appearance by Aaron D Van Oort on behalf of all defendants (Van Oort, Aaron) (Entered: 04/30/2007)

RECAP
48 April 30, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 47 Notice of Appearance (Van Oort, Aaron) (Entered: 04/30/2007)

RECAP
49 April 30, 2007

MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Prokott, Daniel) (Entered: 04/30/2007)

RECAP
50 April 30, 2007

MEMORANDUM in Support re 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Prokott, Daniel) (Entered: 04/30/2007)

RECAP
51 April 30, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 50 Memorandum in Support of Motion, 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) (Prokott, Daniel) (Entered: 04/30/2007)

RECAP
52 May 8, 2007

MOTION for Admission Pro Hac Vice for Patricia V. Pierce by Plaintiffs. (Foster, Wood) Modified on 5/8/2007 (MMC). Modified text on 5/9/2007 (kt). (Entered: 05/08/2007)

RECAP
53 May 8, 2007

MEMORANDUM in Opposition re 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 05/08/2007)

RECAP
54 May 8, 2007

AFFIDAVIT of Wood R. Foster, Jr. in OPPOSITION TO 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2-4)(Foster, Wood) (Entered: 05/08/2007)

RECAP
55 May 8, 2007

CERTIFICATE OF SERVICE by Plaintiffs re 53 Memorandum in Opposition to Motion, 54 Affidavit in Opposition to Motion (Foster, Wood) Modified text on 5/9/2007 (kt). (Entered: 05/08/2007)

RECAP
56 May 11, 2007

REPLY re 49 MOTION for Certificate of Appealability Under 28 U.S.C Section 1292(b) and Rule 54(b) filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Prokott, Daniel) (Entered: 05/11/2007)

RECAP
57 May 11, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., re 56 Reply Memorandum in Support of Their Motion for Certification Under 28 U.S.C. 1292 and Rule 54(b) (Prokott, Daniel) Modified on 5/14/2007 (jam). (Entered: 05/11/2007)

RECAP
58 May 11, 2007

REPORT of Rule 26(f) Planning Meeting by Plaintiffs and Defendants.(Robbins, Holly) Modified on 5/14/2007 (jam). (Entered: 05/11/2007)

RECAP
May 11, 2007

TEXT ONLY ENTRY - ORDER granting 52 Motion for Admission Pro Hac Vice of Attorney Patricia V Pierce for plaintiffs. Fee paid; receipt number 3-002653. Approved by Clerk Richard D Sletten on 5/11/07. (MMC)

59 May 18, 2007

Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Rule 16 Scheduling Conference held on 5/18/2007. (jc) (Entered: 05/18/2007)

RECAP
60 May 18, 2007

PRETRIAL SCHEDULING ORDER Discovery due by 8/1/2008. Motions (non-disp) due 1/15/2009. Motions (disp) due by 5/1/2009. Ready for trial due by 8/1/2009. Signed by Magistrate Judge Susan R. Nelson on 05/18/2007. (jc) (Entered: 05/18/2007)

RECAP
61 May 29, 2007

MEMORANDUM OPINION AND ORDER granting in part and denying in part 49 Defendants' Motion for Certificate of Appealability (Written Opinion). Signed by Judge Donovan W. Frank on 5/29/07. (lml) (Entered: 05/29/2007)

RECAP
62 May 31, 2007

STIPULATION of Dismissal with Prejduice of Judy Mathiowetz and Patricia Wilke by all parties. (Robbins, Holly) Modified text on 6/1/2007 (kt). (Entered: 05/31/2007)

RECAP
63 June 5, 2007

ORDER FOR DISMISSAL WITH PREJUDICE OF PLAINTIFFS JUDY MATTIOWETZ AND PATRICIA WILKE re 62 Stipulation of Dismissal . Signed by Judge Donovan W. Frank on 6/5/07. (lml) (Entered: 06/05/2007)

RECAP
64 June 5, 2007

JUDGMENT pertaining to Judy Mathiowetz and Patricia Wilke only. (Attachments: # 1 Civil-8th Circuit Pre-Hearing Conference Notice # 2 Civil Notice - appeal)(jam) (Entered: 06/05/2007)

RECAP
65 June 11, 2007

NOTICE OF WITHDRAWAL FROM CASE of Jay B Streitz by all Plaintiffs. (Attachments: # 1 Certificate of Service)(Foster, Wood) Modified text on 6/12/2007 (kt). (Entered: 06/11/2007)

RECAP
66 June 11, 2007

MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals by Plaintiffs. (Attachments: # 1 Exhibit(s) A)(Foster, Wood) Modified text on 6/12/2007 (kt). (Entered: 06/11/2007)

RECAP
67 June 11, 2007

NOTICE OF HEARING ON MOTION 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals: Motion Hearing set for 8/14/2007 02:00 PM before Judge Donovan W. Frank. (Foster, Wood) (Entered: 06/11/2007)

RECAP
68 June 11, 2007

MEMORANDUM in Support re 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 06/11/2007)

RECAP
69 June 11, 2007

AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Attachments: # 1 Exhibit(s))(Foster, Wood) (Entered: 06/11/2007)

RECAP
70 June 11, 2007

AFFIDAVIT of Joseph Pagliolo in SUPPORT OF 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Foster, Wood) (Entered: 06/11/2007)

RECAP
71 June 11, 2007

CERTIFICATE OF SERVICE by Plaintiffs re 70 Affidavit in Support of Motion, 67 Notice of Hearing on Motion, 68 Memorandum in Support of Motion, 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals, 69 Affidavit in Support of Motion (Foster, Wood) Modified text on 6/12/2007 (kt). (Entered: 06/11/2007)

RECAP
72 June 27, 2007

MOTION for Admission Pro Hac Vice for James W. Nagle by Guidant Corporation, Guidant Sales Corporation and Cardiac Pacemakers, Inc. (Robbins, Holly) Modified on 6/28/2007 - corrected parties (MMC). (Entered: 06/27/2007)

RECAP
73 June 27, 2007

MOTION for Admission Pro Hac Vice for Leslie S. Blickenstaff by Guidant Corporation, Guidant Sales Corporation and Cardiac Pacemakers, Inc.. (Robbins, Holly) Modified on 6/28/2007 - corrected parties (MMC). (Entered: 06/27/2007)

RECAP
74 June 27, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. re 73 MOTION for Admission Pro Hac Vice for Leslie S. Blickenstaff, 72 MOTION for Admission Pro Hac Vice for James W. Nagle (Robbins, Holly) (Entered: 06/27/2007)

RECAP
June 27, 2007

TEXT ONLY ENTRY - ORDER granting 72, 73 Motions for Admission Pro Hac Vice of Attorneys James W Nagle and Leslie S Blickenstaff for Guidant Sales Corporation, Cardiac Pacemakers, Inc. and Guidant Corporation. Fees paid; receipt number 4-014265. Approved by Clerk Richard D Sletten on 6/27/07. (MMC) Modified on 6/28/2007 - corrected filing date and parties. (MMC)

June 28, 2007

NOTICE OF DOCKETING CORRECTION - Filing date for Order granting pro hac vice motions of James W. Nagle and Leslie S. Blickenstaff changed from 6/26/07 to 6/27/07. (MMC)

June 28, 2007

NOTICE to Attorneys: Attorneys James W. Nagle and Leslie S. Blickenstaff represent only defendants Guidant Sales Corporation, Cardiac Pacemakers, Inc. and Guidant Corporation. (MMC)

75 July 11, 2007

MEMORANDUM in Opposition re 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Attachment A# 2 LR7.1 Word Count Compliance Certificate)(Robbins, Holly) (Entered: 07/11/2007)

RECAP
76 July 11, 2007

AFFIDAVIT of Mary Beth Conzett in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)

RECAP
77 July 11, 2007

AFFIDAVIT of John M. Cleary in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)

RECAP
78 July 11, 2007

AFFIDAVIT of Judith Cox Malmo in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)

RECAP
79 July 11, 2007

AFFIDAVIT of Richard S. Vogel in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D)(Robbins, Holly) (Entered: 07/11/2007)

RECAP
80 July 11, 2007

AFFIDAVIT of David Reimer in OPPOSITION TO 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Robbins, Holly) (Entered: 07/11/2007)

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81 July 11, 2007

DECLARATION of Susan Feltovich in Opposition to 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Attachments: # 1 Exhibit(s) A)(Robbins, Holly) (Entered: 07/11/2007)

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82 July 11, 2007

DECLARATION of Bill Winton in Opposition to 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all defendants. (Robbins, Holly) (Entered: 07/11/2007)

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83 July 11, 2007

EXHIBIT re 75 Memorandum in Opposition to Motion, to Certify Class by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc.. (Attachments: # 1 Exhibit(s) Pages GDT OPP 1 - 19)(Robbins, Holly) (Entered: 07/11/2007)

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84 July 11, 2007

CERTIFICATE OF SERVICE by Guidant Corporation, Guidant Endovascular Solutions, Inc., Guidant Sales Corporation, Advanced Cardiovascular Systems, Inc., Cardiac Pacemakers, Inc. for docket entries 75 - 83 (Robbins, Holly) (Entered: 07/11/2007)

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85 July 12, 2007

NOTICE of Appearance by Joel P Schroeder on behalf of all defendants (Attachments: # 1 Certificate of Service)(Schroeder, Joel) (Entered: 07/12/2007)

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86 July 18, 2007

AMENDED NOTICE of Hearing on Motion 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals: Motion Hearing set for 8/30/2007 09:30 AM in St Paul - Courtroom 1 before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(Foster, Wood) (Entered: 07/18/2007)

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87 July 31, 2007

REPLY MEMORANDUM in Support re 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)

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88 July 31, 2007

SUPPLEMENTAL AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 66 MOTION to Certify Class (Conditionally) and Mailing of Notice to Similarly Situated Individuals filed by all plaintiffs. (Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)

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89 July 31, 2007

CERTIFICATE OF SERVICE by Plaintiffs re 87 Memorandum in Support of Motion, 88 Affidavit in Support of Motion (Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)

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90 July 31, 2007

ATTACHMENT I re 88 Affidavit in Support of Motion filed by all plaintiffs. (Attachments: # 1 ATTACHMENT I (Part 2))(Foster, Wood) Modified text on 8/1/2007 (kt). (Entered: 07/31/2007)

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91 Aug. 3, 2007

ORDER The status conference previously scheduled for August 20, 2007, at 9:30 a.m. will now take place on August 30, 2007, at 4:00 p.m., before Magistrate Judge Susan Richard Nelson in Courtroom 8E, U.S. Courthouse, 300 South FourthStreet, Minneapolis, Minnesota. Signed by Magistrate Judge Susan R. Nelson on 08/03/2007. (jc) (Entered: 08/03/2007)

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92 Aug. 7, 2007

NOTICE of Appearance by Stephen J Snyder on behalf of all plaintiffs (Snyder, Stephen) (Entered: 08/07/2007)

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93 Aug. 7, 2007

CERTIFICATE OF SERVICE by Joseph Pagliolo of 92 Notice of Appearance. (Snyder, Stephen) Modified text on 8/8/2007 (kt). (Entered: 08/07/2007)

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94 Aug. 7, 2007

ATTACHMENT 2 re 88 Affidavit in Support of Motion filed by all plaintiffs. (Foster, Wood) Modified text on 8/8/2007 (kt). (Entered: 08/07/2007)

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Case Details

State / Territory:

Minnesota

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: March 1, 2006

Closing Date: Dec. 24, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former Guidant employees ages 40 and older that were terminated from their positions due to age discrimination

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Guidant Corporation

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Other Dockets:

District of Minnesota 0:06-cv-00943

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Demotion

Hiring

Pay / Benefits

Discrimination Basis:

Age discrimination

Affected Sex/Gender(s):

Female

Male

Recommended Citation