Case: Jensen v. Solvay America, Inc.

2:06-cv-00273 | U.S. District Court for the District of Wyoming

Filed Date: Nov. 15, 2006

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Case Summary

On November 15, 2006, current and former employees of Solvay Chemicals, Inc. filed this lawsuit on behalf of themselves and similarly-situated others in the U.S. District Court for the District of Wyoming. The plaintiffs sued Solvay America, Inc., Solvay Chemicals, Inc., and Solvay America Companies Pension Plan under the Employee Retirement Security Act (ERISA) and the Age Discrimination in Employment Act (ADEA). Represented by private counsel, the plaintiffs sought declaratory relief, monetary damages, and attorneys fees. The plaintiffs also sought class action certification for all other similarly-situated employees who participated in the Solvay America Companies Pension Plan. 2007 WL 1791268 (D.Wyo. 2007).

The plaintiffs claimed that the defendants violated the ERISA and the ADEA by converting the Solvay America Comapanies Pension Plan from a final average pay formula to a cash balance formula. They claimed that this amendment froze the retirement benefits of older, longer-service employees and offered lower rates of benefit accrual at older ages. Further, the plaintiffs claimed that the defendants failed to provide adequate notice of these changes.

The plaintiffs made six specific claims for relief:

First, they claimed that the defendants exhibited age discrimination in when they implemented a pension benefit freeze. The defendants transitioned to a cash balance formula and in so doing froze the retirement benefits of the plaintiffs, which meant that it would take years for the cash balance accounts of older, longer-service employees to move ahead of the value of the benefits they had earned before the changes.

Second, the plaintiffs claimed that the defendants' conditional payment of annual rates of benefit accrual violated ERISA's 133.33 percent accrual requirements.

Third, the defendants' conditional receipt of additional annual accruals violated ERISA's nonforfeitability rules. ERISA mandates that rights to any accrued benefits be unconditional, but under the pension plan at issue in this case, participants were forced to forgo valuable early retirement subsidies.

Fourth, the plaintiffs claimed that the defendants offered reduced rates of benefit accrual based on age. Under the cash balance pension plan, future interest credits are greater for younger participants due to compounding hypothetical interest credits until retirement, and thus younger employees accrue more retirement benefits.

Fifth, the defendants provided inadequate notice of reductions under ERISA § 204(h), and sixth, the defendants provided an inadequate summary of material modifications.

On October 18, 2007, the Court denied the defendants' motion to dismiss the plaintiffs' ERISA claims based on the plaintiffs' failure to exhaust administrative remedies. The Court found that the plaintiffs' ERISA claims were for the enforcement of statutory rights and thus were not subject to exhaustion requirements. 520 F.Supp.2d 1356

On February 8, 2008, the Court granted the plaintiffs' motion for class certification, certifying all six ERISA class claims defined in the plaintiffs' class action complaint. The Court also approved the plaintiffs' ADEA claims. On May 30, 2008, the parties filed a joint motion to amend/correct the order to clarify the ADEA Collective Action Definition and mailing list for the individuals who satisfy the criteria of the modified ADEA Collective Action definition. This motion was granted in June 2008.

On June 19, 2009, the defendants filed a motion for summary judgment, and the plaintiffs filed their own motion for partial summary judgment. On August 3, 2009, Judge Johnson granted the defendants' motion for summary judgment and denied the plaintiffs' motion for partial summary judgment on claim five (the claim for inadequate ERISA section 204(h) Notice of reductions). 2009 WL 8710932. On August 12, 2009, the plaintiffs filed a motion to alter/amend the August 3rd judgment, but their motion was denied by Judge Johnson so they appealed this decision. In a September 7, 2010 opinion, the Court of Appeals affirmed the district court's judgment with respect to the plaintiffs’ ADEA claim and with respect to all of their ERISA claims except the claim based on the failure of the section 204(h) notice to describe the calculation of early-retirement benefits. The Court reversed and remanded for further proceedings on the ERISA claim. 625 F.3d 641.

The case was reopened and a trial set for July 11, 2011 before Judge Johnson.

The defendants again filed a motion for summary judgment which Judge Johnson granted in part and denied in part on May 24, 2011. The Court found no genuine issue of material fact that Solvay provided most of the participants most of the required information so the Court granted summary judgment as to this issue in Solvay's favor. However, the Court did find a genuine issue of material fact exists as to whether Solvay's failure was intentional and if unintentional, whether Solvay failed to promptly notice after discovering the failure, therefore, summary judgment as to those issues was denied. 788 F.Supp.2d 1278.

After the July 11, 2011 trial, the defendants filed a motion for judgment on partial findings. On October 11, 2011, Judge Johnson ordered that the plaintiffs would not recover from the defendants and that the defendants would recover their costs pursuant to federal rules of civil procedure P.52 and U.S.D.C.L.R. 54.2 from the plaintiffs. Shortly thereafter, the plaintiffs filed a notice of appeal as to the Findings of Fact & Conclusions of Law as to this judgment, as well as to the bill of costs filed by the defendants. After the Court of Appeals affirmed the judgment of the district court on July 2, 2013 (721 F.3d 1180), the plaintiffs filed for a writ of certiorari to the Supreme Court which denied certiorari on February 24, 2014.

The case is closed.

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Summary Authors

Saeeda Joseph-Charles (11/15/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8273263/parties/jensen-v-solvay-chemicals-inc/

Judge(s)

Beaman, William C. (Wyoming)

Gorsuch, Neil M. (Colorado)

Harris, Scott Sutherland (District of Columbia)

Attorney for Plaintiff

Bruce, Stephen (District of Columbia)

Attorney for Defendant

Hammett, J. Richard (Texas)

Judge(s)

Beaman, William C. (Wyoming)

Gorsuch, Neil M. (Colorado)

Harris, Scott Sutherland (District of Columbia)

Hartz, Harris L. (New Mexico)

Attorney for Plaintiff

Bruce, Stephen (District of Columbia)

Honaker, Richard H. (Wyoming)

Johnson, Alan Bond (Wyoming)

Pienta, Allison C. (District of Columbia)

Attorney for Defendant

Hammett, J. Richard (Texas)

Hickey, Paul J. (Wyoming)

Nelson, Scott M. (Texas)

Pearson, O'Kelley H. (Wyoming)

Tsang-Kao, Charlene (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:06-cv-00273	Docket Jensen v. Solvay Chemicals, Inc.	June 12, 2015	June 12, 2015 Docket
1 2:06-cv-00273	Class Action Complaint Jensen v. Solvay Chemicals, Inc.	Nov. 15, 2006	Nov. 15, 2006 Complaint
72 2:06-cv-00273	Order Denying Defendants' Motion to Dismiss Plaintiffs' Erisa Claims Based on Plaintiffs' Failure to Exhaust Administrative Remedies Jensen v. Solvay Chemicals, Inc.	Oct. 18, 2007	Oct. 18, 2007 Order/Opinion 520 F.Supp.2d 1356
77 2:06-cv-00273	Order on Class Certification and Collective Action Jensen v. Solvay, Inc	Feb. 8, 2008	Feb. 8, 2008 Order/Opinion
79 2:06-cv-00273	Agreed Order Modifying the February 8, 2008 Order on Class Certification and Collective Action Jensen v. Solvay Chemicals, Inc.	June 7, 2008	June 7, 2008 Order/Opinion
87 2:06-cv-00273	Stipulated Protective Order and Confidentiality Agreement for Sensitive Personal Information Jensen v. Solvay Chemicals, Inc.	Feb. 26, 2009	Feb. 26, 2009 Order/Opinion
135 2:06-cv-00273	Order Granting Defendants' Motion for Summary Judgment and Denying Plaintiffs' Motion for Partial Summary Judgment on Claim V Jensen v. Solvay Chemicals, Inc.	Aug. 3, 2009	Aug. 3, 2009 Order/Opinion 2009 WL 8710932
136 2:06-cv-00273	Judgment Jensen v. Solvay Chemicals, Inc.	Aug. 3, 2009	Aug. 3, 2009 Order/Opinion
1018490738 2:06-cv-00273 09-08082	Appeal from the United States District Court for the District of Wyoming Jensen v. Solvay Chemicals, Inc. U.S. Court of Appeals for the Tenth Circuit	Sept. 7, 2010	Sept. 7, 2010 Order/Opinion 625 F.3d 641
149 2:06-cv-00273	Order on Mandate Jensen v. Solvay Chemicals, Inc.	Oct. 28, 2010	Oct. 28, 2010 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8273263/jensen-v-solvay-chemicals-inc/

Last updated Oct. 14, 2025, 12:55 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (One summons issued) ( Filing fee $350 receipt #CHY000518.), filed by Wade E Jensen, Donald D Goff.(js, ) (Entered: 11/16/2006)	Nov. 15, 2006	Nov. 15, 2006
2	DEMAND for Trial by Jury filed by Plaintiffs Wade E Jensen, Donald D Goff. (js, ) (Entered: 11/16/2006)	Nov. 15, 2006	Nov. 15, 2006
3	NOTICE of Attorney Appearance by Richard H Honaker on behalf of Wade E Jensen, Donald D Goff (js, ) (Entered: 11/16/2006)	Nov. 15, 2006	Nov. 15, 2006
4	NOTICE of Complexity by Plaintiffs Wade E Jensen, Donald D Goff ; this case is complex. (js, ) (Entered: 11/16/2006)	Nov. 15, 2006	Nov. 15, 2006
5	MOTION for Stephen R. Bruce to appear pro hac vice; filed by Plaintiffs Wade E Jensen, Donald D Goff. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 # 2 Proposed Order Granting Motion for Admission Pro Hac Vice)(Honaker, Richard) (Entered: 11/21/2006)	Nov. 21, 2006	Nov. 21, 2006
6	ORDER by the Honorable William C Beaman granting 5 Motion to appear pro hac vice admitting Stephen R Bruce for Plaintiffs Wade E Jensen and Donald D Goff (cc: all counsel on 11/22/2006.)(sdn, ) (Entered: 11/22/2006)	Nov. 21, 2006	Nov. 21, 2006
7	First SUMMONS Returned Executed by Wade E Jensen, Donald D Goff. Solvay Chemicals Inc served on 12/1/2006, answer due 12/21/2006. (Honaker, Richard) (Entered: 12/07/2006)	Dec. 7, 2006	Dec. 7, 2006
8	NOTICE of Attorney Appearance by Paul J Hickey on behalf of Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan (Hickey, Paul) (Entered: 12/18/2006)	Dec. 18, 2006	Dec. 18, 2006
9	MOTION for Extension of Time to Extend Deadline to Answer Complaint filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Hickey, Paul) (Entered: 12/18/2006)	Dec. 18, 2006	Dec. 18, 2006
10	First SUMMONS Returned Executed by Wade E Jensen, Donald D Goff. Solvay America Companies Pension Plan served on 12/5/2006, answer due 12/26/2006. (Honaker, Richard) (Entered: 12/19/2006)	Dec. 19, 2006	Dec. 19, 2006
11	First SUMMONS Returned Executed by Wade E Jensen, Donald D Goff. Solvay America Inc served on 12/1/2006, answer due 12/21/2006. (Honaker, Richard) (Entered: 12/20/2006)	Dec. 20, 2006	Dec. 20, 2006
12	MINUTE ORDER by the Honorable William C Beaman. It is ordered that defendants have until 1/10/07 to answer or otherwise respond to plaintiffs' complaint(cc: all counsel on 12/20/06.)(sjlg, ) (Entered: 12/20/2006)	Dec. 20, 2006	Dec. 20, 2006
13	CORPORATE DISCLOSURE filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan identifying Solvay S.A. as Corporate Parent.. (Hickey, Paul) (Entered: 01/04/2007)	Jan. 4, 2007	Jan. 4, 2007
14	MOTION to Change Venue filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Proposed Order Granting Transfer of Venue)(Hickey, Paul) (Entered: 01/10/2007) 2 Proposed Order Granting Transfer of Venue View on PACER	Jan. 10, 2007	Jan. 10, 2007
15	BRIEF In Support of re 14 Motion to Change Venue filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit Table# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4 - part 1# 6 Exhibit 4 - part 2# 7 Exhibit 4 - part 3# 8 Exhibit 4 - part 4# 9 Exhibit 5# 10 Exhibit 6# 11 Exhibit 7# 12 Exhibit 8# 13 Exhibit 9)(Hickey, Paul) (Entered: 01/10/2007) 2 Exhibit Table View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 - part 1 View on PACER 7 Exhibit 4 - part 2 View on PACER 8 Exhibit 4 - part 3 View on PACER 9 Exhibit 4 - part 4 View on PACER 10 Exhibit 5 View on PACER 11 Exhibit 6 View on PACER 12 Exhibit 7 View on PACER 13 Exhibit 8 View on PACER 14 Exhibit 9 View on PACER	Jan. 10, 2007	Jan. 10, 2007
16	MOTION for J Richard Hammett and Scott M Nelson to appear pro hac vice; filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Affidavit of J Richard Hammett# 2 Affidavit of Scott N Nelson# 3 Proposed Order Granting Motion for Admissions Pro Hac Vice)(Hickey, Paul) (Entered: 01/10/2007) 2 Affidavit of J. Richard Hammett View on PACER 3 Affidavit of Scott N. Nelson View on PACER 4 Proposed Order Granting Motion for Admissions Pro Hac Vice View on PACER	Jan. 10, 2007	Jan. 10, 2007
17	NOTICE of Complexity by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan ; this case is complex. (Hickey, Paul) (Entered: 01/10/2007)	Jan. 10, 2007	Jan. 10, 2007
18	Amended CORPORATE DISCLOSURE filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan identifying Solvac S.A. as Corporate Parent.. (Hickey, Paul) (Entered: 01/10/2007)	Jan. 10, 2007	Jan. 10, 2007
19	Defendants' ANSWER to Complaint with Affirmative Defenses, by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan.(Hickey, Paul) (Entered: 01/10/2007)	Jan. 10, 2007	Jan. 10, 2007
20	ORDER by the Honorable William C Beaman granting 16 Motion to appear pro hac vice admitting J Richard Hammett and Scott M Nelson for Solvay Chemicals Inc, Solvay America Inc, and Solvay American Companies Pension Plan (cc: all counsel on 1/12/07.)(sjlg, ) (Entered: 01/12/2007)	Jan. 11, 2007	Jan. 11, 2007
21	RESPONSE in Opposition re 14 Motion to Change Venue filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Memorandum of Law in Opposition)(Honaker, Richard) (Entered: 01/25/2007) 2 Memorandum of Law in Opposition View on PACER	Jan. 25, 2007	Jan. 25, 2007
22	NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 2/22/2007 10:00 AM in Cheyenne before Honorable William C Beaman. (cc: all counsel on 1/29/07.)(db, ) (Entered: 01/29/2007)	Jan. 29, 2007	Jan. 29, 2007
23	NOTICE of Hearing on Motion 14 MOTION to Change Venue: Motion Hearing set for 3/8/2007 09:00 AM in Cheyenne before Honorable Alan B Johnson. (cc: all counsel on 1/30/07.)(slb, ) (Entered: 01/30/2007)	Jan. 30, 2007	Jan. 30, 2007
24	Joint MOTION to Continue Initial Pretrial Conference filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order Order Granting Unopposed Motion to Postpone Initial Pretrial Conference)(Hickey, Paul) (Entered: 02/06/2007) 2 Proposed Order Order Granting Unopposed Motion to Postpone Initial Pretrial Conf View on PACER	Feb. 6, 2007	Feb. 6, 2007
25	NOTICE of Initial Pretrial Conference: Initial Pretrial Conference RE-SET for 3/15/2007 10:00 AM in Cheyenne before Honorable William C Beaman. (Previously set for 2/22/07)(cc: all counsel on 2/7/07.)(db, ) (Entered: 02/07/2007)	Feb. 7, 2007	Feb. 7, 2007
26	ORDER by the Honorable William C Beaman granting 24 Motion to Continue. (cc: all counsel on 2/7/07.)(db, ) (Entered: 02/07/2007)	Feb. 7, 2007	Feb. 7, 2007
27	NOTICE of Resetting Telephone Hearing on 14 MOTION to Change Venue: Motion Hearing reset from 3/8/2007 9:00 AM to 3/8/2007 08:30 AM in Cheyenne before Honorable Alan B Johnson. (cc: all counsel on March 2, 2007.)(szf, ) (Entered: 03/02/2007)	March 2, 2007	March 2, 2007
28	Minutes for proceedings held before Judge Alan B Johnson : Motion Hearing regarding Motion to Transfer Venue 14 was held on 3/8/2007 and the Motion was taken under advisement by the Court; ruling will be made after Initial Pretrial Conference is held. (Court Reporter Julie Hedelson.)(he, ) Text modified on 3/8/2007 (sdn, ). (Entered: 03/08/2007)	March 8, 2007	March 8, 2007
29	INITIAL PRETRIAL ORDER by the Honorable William C Beaman: Plaintiffs to file a motion to dismiss by 3/30/2007, a motion for discovery by 4/30/2007 and a motion for class certification by 4/16/2007; Oral hearing on class certification and motion to dismiss set for 5/10/2007 04:00 PM before Honorable Alan B Johnson.(cc: all counsel on 3/16/07.)(sjlg, ) Text modified on 3/16/2007 (sdn, ). (Entered: 03/16/2007)	March 16, 2007	March 16, 2007
30	AMENDED INITIAL PRETRIAL ORDER: Motions filing deadline 4/30/2007. Motion response deadline 5/21/2007. Reply deadline 5/31/07; Plaintiffs' Motion for Class Certification Deadline 4/16/07; Defendants' response deadline 5/7/07; Dispositive Motions/Class Certification Hearing set for 5/10/2007 at 04:00 PM in Cheyenne before Honorable Alan B Johnson.by the Honorable William C Beaman.(cc: all counsel on 3/22/07.)(sjlg, ) (Entered: 03/22/2007)	March 21, 2007	March 21, 2007
31	MOTION to Dismiss filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 Part 1# 3 Exhibit 2 Part 2# 4 Exhibit 2 Part 3# 5 Exhibit 2 Part 4# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Proposed Order)(Hickey, Paul) (Entered: 03/30/2007) 2 Exhibit 1 View on PACER 3 Exhibit 2 Part 1 View on PACER 4 Exhibit 2 Part 2 View on PACER 5 Exhibit 2 Part 3 View on PACER 6 Exhibit 2 Part 4 View on PACER 7 Exhibit 3 View on PACER 8 Exhibit 4 View on PACER 9 Exhibit 5 View on PACER 10 Exhibit 6 View on PACER 11 Exhibit 7 View on PACER 12 Exhibit 8 View on PACER 13 Exhibit 9 View on PACER 14 Exhibit 10 View on PACER 15 Proposed Order View on PACER	March 30, 2007	March 30, 2007
32	BRIEF re 31 Motion to Dismiss, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Hickey, Paul) (Entered: 03/30/2007)	March 30, 2007	March 30, 2007
33	PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 31 Motion to Dismiss,, 32 Brief filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Hickey, Paul) (Entered: 03/30/2007)	March 30, 2007	March 30, 2007
34	MOTION to Continue May 10, 2007, Hearing filed by Plaintiffs Wade E Jensen, Donald D Goff. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order Granting Continuance)(Honaker, Richard) Text modified on 4/13/2007 (sdn, ). (Entered: 04/13/2007) 2 Proposed Order Granting Continuance View on PACER	April 13, 2007	April 13, 2007
35	ORDER by the Honorable Alan B Johnson granting 34 Motion to Continue. Dispositive Motions Hearing set for 7/20/2007 01:30 PM in Cheyenne before Honorable Alan B Johnson. (cc: all counsel on 4/16/07.)(sjlg, ) (Entered: 04/16/2007)	April 13, 2007	April 13, 2007
36	MOTION for Leave to File Excess Pages for Brief in Support of Motion for Class Certification and Conditional Approval of ADEA Collective Action filed by Plaintiffs Wade E Jensen, Donald D Goff. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Honaker, Richard) (Entered: 04/16/2007) 2 Proposed Order View on PACER	April 16, 2007	April 16, 2007
37	MOTION to Certify Class and for Conditional Approval of ADEA Collective Action filed by Plaintiffs Wade E Jensen, Donald D Goff. Responses due by 5/7/2007 (Attachments: # 1 Brief in Support# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Proposed Order)(Honaker, Richard) (Entered: 04/16/2007) 2 Brief in Support View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Exhibit 8 View on PACER 11 Proposed Order View on PACER	April 16, 2007	April 16, 2007
38	NOTICE by Plaintiffs Wade E Jensen, Donald D Goff re 36 MOTION for Leave to File Excess Pages for Brief in Support of Motion for Class Certification and Conditional Approval of ADEA Collective Action, 37 MOTION to Certify Class and for Conditional Approval of ADEA Collective Action on Certificate of Compliance with Local Rule 7.1(b)(1)(A) (Honaker, Richard) (Entered: 04/17/2007)	April 17, 2007	April 17, 2007
39	MEMORANDUM in Opposition to 31 Motion to Dismiss, filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Honaker, Richard) (Entered: 04/20/2007) 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER	April 20, 2007	April 20, 2007
40	MOTION to Compel Discovery filed by Plaintiffs Wade E Jensen, Donald D Goff. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Brief in Support# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Proposed Order)(Honaker, Richard) (Entered: 04/27/2007)	April 27, 2007	April 27, 2007
41	MOTION for Leave to File Excess Pages filed by Plaintiffs Wade E Jensen, Donald D Goff. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Honaker, Richard) (Entered: 04/27/2007)	April 27, 2007	April 27, 2007
42	ORDER by the Honorable William C Beaman granting 41 Motion to File Excess Pages Non-Dispositive (cc: all counsel on 4/30/07.)(sjlg, ) (Entered: 04/30/2007)	April 30, 2007	April 30, 2007
43	ORDER by the Honorable William C Beaman granting 36 Motion to File Excess Pages for Brief in Support of Motion for Class Certification and Conditional Approval of ADEA Collective Action (cc: all counsel on 5/1/07.)(sjlg, ) (Entered: 05/01/2007)	April 30, 2007	April 30, 2007
44	MOTION for Leave to File Excess Pages For Brief in Response to Plaintiffs' Motion For Class Certification and Conditional Approval of ADEA Collective Action filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Hickey, Paul) (Entered: 05/07/2007)	May 7, 2007	May 7, 2007
45	ORDER by the Honorable Alan B Johnson granting 44 Motion to File Excess Pages for Brief in Response to Plaintiffs' Motion for Class Certification and Conditional Approval of ADEA Collective Action (cc: all counsel on 5/7/07.)(sjlg, ) (Entered: 05/07/2007)	May 7, 2007	May 7, 2007
46	RESPONSE in Opposition re 37 Motion to Certify Class, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies 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 Exhibit 9 Part 1# 10 Exhibit 9 Part 2# 11 Exhibit 9 Part 3# 12 Exhibit 9 Part 4# 13 Proposed Order)(Hickey, Paul) (Entered: 05/07/2007)	May 7, 2007	May 7, 2007
47	ORDER by the Honorable William C Beaman granting 40 Motion to Compel Discovery (cc: all counsel on 5/18/07.)(sjlg, ) (Entered: 05/18/2007)	May 18, 2007	May 18, 2007
48	ORDER re 47 Order on Motion to Compel (Discovery); Order rescindedby the Honorable William C Beaman; entered in error.(cc: all counsel on 5/21/07.)(db, ) (Entered: 05/21/2007)	May 21, 2007	May 21, 2007
49	MOTION for Leave to File Excess Pages For Defendants" Brief in Response to Plaintiffs" Motion for Discovery filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Hickey, Paul) (Entered: 05/21/2007)	May 21, 2007	May 21, 2007
50	RESPONSE to 40 Motion to Compel, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Proposed Order)(Hickey, Paul) (Entered: 05/21/2007)	May 21, 2007	May 21, 2007
51	ORDER, by the Honorable William C Beaman, GRANTING Defendants' 49 Motion for Leave to File Excess Pages for Defendants' Brief in Response to Plaintiffs' Motion for Discovery. (cc: all counsel on 5/25/2007.) (sdd) (Entered: 05/25/2007)	May 23, 2007	May 23, 2007
52	MOTION for Extension of Time filed by Plaintiffs Wade E Jensen, Donald D Goff. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Honaker, Richard) (Entered: 06/01/2007)	June 1, 2007	June 1, 2007
53	ORDER by the Honorable William C Beaman granting 52 Motion for Extension of Time to File Reply. It is ordered that plaintiff has until 6/11/07 (cc: all counsel on 6/4/07.)(sjlg, ) (Entered: 06/04/2007)	June 1, 2007	June 1, 2007
54	MOTION for Leave to File Excess Pages for Reply Brief in Support of Motion for Discovery filed by Plaintiffs Wade E Jensen, Donald D Goff. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Honaker, Richard) (Entered: 06/11/2007)	June 11, 2007	June 11, 2007
55	REPLY BRIEF re 50 Response to Motion for Discovery filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Exhibit 10# 2 Exhibit 11# 3 Exhibit 12)(Honaker, Richard) (Entered: 06/11/2007)	June 11, 2007	June 11, 2007
56	ORDER by the Honorable William C Beaman granting 54 Motion to File Excess Pages Non-Dispositive (cc: all counsel on 6/11/07.)(sdb, ) (Entered: 06/11/2007)	June 11, 2007	June 11, 2007
57	ORDER by the Honorable Alan B Johnson denying 14 Motion to Change Venue (cc: all counsel on 6/14/07.)(slb, ) (Entered: 06/14/2007)	June 14, 2007	June 14, 2007
58	REFERRED TO MAGISTRATE JUDGE. MOTION for Leave to File Reply in Support of Class Certification and Collective Action filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Proposed Order Leave to File Reply# 2 Proposed Reply in Support of Motion for Class Certification and Collective Action# 3 Revised Proposed Order on Class Certification and Collective Action)(Honaker, Richard) (Entered: 06/29/2007)	June 29, 2007	June 29, 2007
59	RESPONSE in Opposition re 58 Motion for Leave to File Reply/Brief/Supplement, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Proposed Order)(Hickey, Paul) (Entered: 07/02/2007)	July 2, 2007	July 2, 2007
61	ORDER Denying Plaintiffs' 40 Motion for Discovery by the Honorable William C Beaman.(sjlg, ) (Entered: 07/13/2007)	July 11, 2007	July 11, 2007
60	NOTICE of Hearing: Dispositive Motions Hearing RESET for 8/10/2007 01:30 PM in Cheyenne before Honorable Alan B Johnson. (slb, ) (Entered: 07/12/2007)	July 12, 2007	July 12, 2007
62	REFERRED TO MAGISTRATE JUDGE. MOTION for Leave to File Excess Pages in Brief in Support of R. 72(a) Motion (Unopposed) filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Proposed Order)(Honaker, Richard) (Entered: 07/27/2007)	July 27, 2007	July 27, 2007
63	MOTION to Set Aside Order Denying Plaintiffs' Motion for Discovery (Dkt. # 61) filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Brief in Support# 2 Proposed Order)(Honaker, Richard) (Entered: 07/27/2007)	July 27, 2007	July 27, 2007
64	NOTICE of Hearing: Dispositive Motions Hearing RESET for 9/14/2007 01:30 PM in Cheyenne before Honorable Alan B Johnson. (slb, ) (Entered: 08/01/2007)	Aug. 1, 2007	Aug. 1, 2007
65	REFERRED TO MAGISTRATE JUDGE. MOTION for Leave to File Excess Pages For Defendants' Response to Plaintiffs' Motion To Set Aside July 11, 2007 Order Denying Motion For Discovery filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Proposed Order)(Hickey, Paul) (Entered: 08/10/2007)	Aug. 10, 2007	Aug. 10, 2007
66	RESPONSE to 63 Motion to Set Aside filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 - Part 1 of 2# 3 Exhibit 2 - Part 2 of 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Proposed Order)(Hickey, Paul) (Entered: 08/10/2007)	Aug. 10, 2007	Aug. 10, 2007
67	REFERRED TO MAGISTRATE JUDGE. REQUEST for Hearing filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Proposed Order Setting Hearing)(Honaker, Richard) (Entered: 08/15/2007)	Aug. 15, 2007	Aug. 15, 2007
68	Minutes for proceedings held before Judge Alan B Johnson : Motion Hearing held on 9/14/2007. (Court Reporter Julie Hedelson.)(sdl, ) (Entered: 09/17/2007)	Sept. 14, 2007	Sept. 14, 2007
69	ORDER on Class Certification and Conditional Approval of ADEA Collective Action by the Honorable Alan B Johnson.(sjlg, ) (Entered: 10/17/2007)	Oct. 16, 2007	Oct. 16, 2007
70	AMENDED ORDER OF CLASS CERTIFICATION AND CONDITIONAL APPROVAL OF ADEA COLLECTIVE ACTION by the Honorable Alan B Johnson.(slb, ) (Entered: 10/17/2007)	Oct. 17, 2007	Oct. 17, 2007
71	ORDER GRANTING PLAINTIFFS' MOTION TO SET ASIDE JULY 11, 2007 ORDER DENYING MOTION FOR DISCOVERY by the Honorable Alan B Johnson; granting 63 Motion to Set Aside 61 Order (slb, ) (Entered: 10/18/2007)	Oct. 18, 2007	Oct. 18, 2007
72	ORDER DENYING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' ERISA CLAIMS BASED ON PLAINTIFFS' FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by the Honorable Alan B Johnson; denying 31 Motion to Dismiss (slb, ) (Entered: 10/18/2007)	Oct. 18, 2007	Oct. 18, 2007
	TRANSCRIPT of Motion Hearing held on 9/14/07 before Judge Alan B Johnson. Court Reporter: Julie Hedelson. (sjs, )	Nov. 2, 2007	Nov. 2, 2007
73	SECOND AMENDED ORDER OF CLASS CERTIFICATION AND CONDITIONAL APPROVAL OF ADEA COLLECTIVE ACTION by the Honorable Alan B Johnson.(sjlg, ) (Entered: 11/14/2007)	Nov. 14, 2007	Nov. 14, 2007
74	NOTICE by Plaintiffs Wade E Jensen, Donald D Goff re 73 Order (Attachments: # 1 Proposed Order with ADEA Notice and Consent Form)(Honaker, Richard) (Entered: 11/20/2007)	Nov. 20, 2007	Nov. 20, 2007
75	NOTICE of Compliance with Court Order re 73 Order by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan (Attachments: # 1 Exhibit A# 2 Proposed Order with attached ADEA Notice and Consent to Join Form, Litigation Control Group Consent Form)(Hickey, Paul) (Entered: 11/20/2007)	Nov. 20, 2007	Nov. 20, 2007
76	NOTICE of Attorney Appearance by O'Kelley H Pearson on behalf of Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan (sjs, ) (Entered: 11/26/2007)	Nov. 21, 2007	Nov. 21, 2007
77	ORDER by the Honorable Alan B Johnson granting 37 Motion to Certify Class and for Conditional Approval of ADEA Collective Action (sjlg, ) (Entered: 02/11/2008)	Feb. 8, 2008	Feb. 8, 2008
78	REFERRED TO MAGISTRATE JUDGE. MOTION to Amend/Correct 77 Order on Motion to Certify Class Certification and Collective Action, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Proposed Order Agreed Order Modifying The February 8, 2008 Order On Class Certification And Collective Action)(Hickey, Paul) (Entered: 05/30/2008)	May 30, 2008	May 30, 2008
79	ORDER GRANTING 78 MOTION to Amend/Correct 77 Order on Motion to Certify Class Certification and Collective Action, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan by the Honorable Judge Alan B Johnson (slb, ) (Entered: 06/07/2008)	June 7, 2008	June 7, 2008
80	REPORT of Rule 26(f) Planning Meeting filed by Plaintiffs Wade E Jensen, Donald D Goff, Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Honaker, Richard) (Entered: 10/20/2008)	Oct. 20, 2008	Oct. 20, 2008
81	SCHEDULING CONFERENCE ORDER by the Honorable Judge William C Beaman. Plaintiff Expert Witness Designation deadline 3/2/2009. Defendant Expert Witness Designation deadline 4/17/2009. Discovery due by 6/1/2009. Stipulation Deadline 6/8/2009. Motion filing deadline 6/1/2009. Motion response deadline 6/22/2009. Final Pretrial Conference set for 8/11/2009 09:00 AM in Cheyenne before Judge Alan B Johnson. Bench Trial set for 8/24/2009 01:30 PM (8-10 days, stacked #1) in Cheyenne before Judge Alan B Johnson. (sdb, ) (Entered: 11/06/2008)	Nov. 6, 2008	Nov. 6, 2008
82	AMENDED SCHEDULING ORDER Final Pretrial Conference set for 8/11/2009 09:00 AM in Cheyenne before Judge Alan B Johnson by the Honorable Judge William C Beaman.(szf, ) (Entered: 11/12/2008)	Nov. 10, 2008	Nov. 10, 2008
83	REFERRED TO MAGISTRATE JUDGE. MOTION to Amend/Correct 19 Answer to Complaint Defendants Motion To File First Amended Answer and Defenses to Plaintiffs' Complaint, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit 1- Defendants' First Amended Answer and Defenses to Plaintiffs' Complaint, # 2 Proposed Order)(Hickey, Paul) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009
84	MEMORANDUM in Opposition to 83 MOTION to Amend/Correct 19 Answer to Complaint Defendants Motion To File First Amended Answer and Defenses to Plaintiffs' Complaint,MOTION to Amend/Correct 19 Answer to Complaint Defendants Motion To File First Amended Answer and Defenses to Plaintiffs' Complaint, filed by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Proposed Order)(Honaker, Richard) (Entered: 01/30/2009)	Jan. 30, 2009	Jan. 30, 2009
85	ORDER by the Honorable Judge William C Beaman denying without prejudice 83 MOTION to File First Amended Answer and Defenses to Plaintiff's Complaint filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (sal) (Entered: 02/25/2009)	Feb. 25, 2009	Feb. 25, 2009
86	REFERRED TO MAGISTRATE JUDGE. Joint MOTION for Protective Order filed by Plaintiffs Wade E Jensen, Donald D Goff, Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Proposed Order Stipulated Protective Order and Confidentiality Agreement For Sensitive Personal Information)(Hickey, Paul) (Entered: 02/26/2009)	Feb. 26, 2009	Feb. 26, 2009
87	ORDER by the Honorable Judge William C Beaman granting 86 Motion for Protective Order and Confidentiality Agreement for Sensitive Personal Information(szf, ) (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009
88	REFERRED TO MAGISTRATE JUDGE. Joint MOTION for Extension of Time TO EXTEND INITIAL EXPERT DESIGNATION DEADLINE filed by Plaintiffs Wade E Jensen, Donald D Goff, Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Proposed Order)(Hickey, Paul) (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009
89	ORDER by the Honorable Judge William C Beaman granting 88 Motion to Extend Initial Expert Designation Deadline. The Initial Expert Designation Deadline shall be, and hereby is, extended for actuarial expert reports to March 17, 2009, for statistical reports to March 31, 2009, and to April 14, 2009, for communications expert reports. The April 17, 2009, deadline for rebuttal reports shall continue to apply to actuarial experts. The deadline for rebuttal statistical and communications reports shall be April 30, 2009 and May 15, 2009, respectively. All other deadlines and dates set forth in the November 6, 2008, Scheduling Order shall remain the same. (szf, ) (Additional attachment(s) added on 2/27/2009: # 1 Amended Attachment) (szf, ). (Entered: 02/27/2009)	Feb. 27, 2009	Feb. 27, 2009
90	First Designation of Expert Witnesses by Plaintiffs Wade E Jensen, Donald D Goff. (Honaker, Richard) (Entered: 03/17/2009)	March 17, 2009	March 17, 2009
91	AFFIDAVIT of Claude Poulin, F.S.A., M.A.A.A., E.A. re 90 Designation of Experts filed by Plaintiffs Wade E Jensen, Donald D Goff. (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)(Honaker, Richard) (Entered: 03/17/2009)	March 17, 2009	March 17, 2009
92	REFERRED TO MAGISTRATE JUDGE. MOTION to Amend/Correct 85 Order on Motion to Amend/Correct, Defendants' Renewed Motion to File First Amended Answer and Defenses to Plaintiffs' Complaint, filed by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit 1 Amended Answer, # 2 Proposed Order)(Hickey, Paul) (Entered: 03/27/2009)	March 27, 2009	March 27, 2009
93	Second Designation of Expert Witnesses by Plaintiffs Wade E Jensen, Donald D Goff. (Honaker, Richard) (Entered: 03/31/2009)	March 31, 2009	March 31, 2009
94	AFFIDAVIT of Robert A. Bardwell, Ph.D. re 93 Designation of Experts filed by Plaintiffs Wade E Jensen, Donald D Goff. (Honaker, Richard) (Entered: 03/31/2009)	March 31, 2009	March 31, 2009
95	Designation of Expert Witnesses by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit A - Report of Michael Ward)(Pearson, O'Kelley) (Entered: 03/31/2009)	March 31, 2009	March 31, 2009
96	Designation of Expert Witnesses by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan. (Attachments: # 1 Exhibit 1 - Zeisler Expert Report, # 2 Exhibit A - CV of Paul Zeisler, # 3 Exhibit B - Documents Reviewed, # 4 Exhibit C - ERISA Section 204(h), # 5 Exhibit D - Revised Benefit Accrual Rates)(Pearson, O'Kelley) (Entered: 04/17/2009)	April 17, 2009	April 17, 2009
97	ORDER by the Honorable Judge William C Beaman granting 92 Renewed Motion to File First Amended Answer and Defenses to Plaintiffs' Complaint(szf, ) (Entered: 04/27/2009)	April 24, 2009	April 24, 2009
98	Defendants' First Amended ANSWER to 1 Complaint with Affirmative Defenses, by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan.(Hickey, Paul) (Entered: 04/27/2009)	April 27, 2009	April 27, 2009
100	NOTICE of Compliance with Court Order re 89 Order on Motion for Extension of Time Non-Dispositive,,, 81 Scheduling Conference Order,, by Defendants Solvay Chemicals Inc, Solvay America Inc, Solvay America Companies Pension Plan (Attachments: # 1 Exhibit Cover Sheet, # 2 Exhibit A)(Pearson, O'Kelley) (Entered: 04/30/2009) 2 Exhibit Cover Sheet View on PACER 3 Exhibit A View on PACER	April 30, 2009	April 30, 2009

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Case Details

State / Territory:

Wyoming

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 15, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Current or former employees of subsidiaries of Solvay America, Inc. who were age 40 or more as of February 8, 2008, participated in the Solvay America Companies Pension Plan before January 1, 2005, and have been subject to the “Retirement Account Balance Formula” on or after January 1, 2005.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Slovay Chemicals, Inc. , Private Entity/Person

Case Details

Causes of Action:

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

Other Dockets: