Case: Jensen v. Solvay America, Inc.

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

Filed Date: Nov. 15, 2006

Clearinghouse coding complete

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.

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)

Attorney for Plaintiff

Bruce, Stephen (District of Columbia)

Attorney for Defendant

Esq., Paul J.

Esq., O'Kelley Hardman

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

Esq., Paul J.

Esq., O'Kelley Hardman

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

Documents in the Clearinghouse

Documents in this case

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

show / hide documents

Docket

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

Last updated July 21, 2026, 5:55 a.m.

Docket for: Jensen v. Solvay Chemicals Inc

ECF Number	Date	Description	Link
1	Nov. 15, 2006	COMPLAINT (One summons issued) ( Filing fee $350 receipt #CHY000518.), filed by Wade E Jensen, Donald D Goff.(js, ) (Entered: 11/16/2006)	RECAP
2	Nov. 15, 2006	DEMAND for Trial by Jury filed by Plaintiffs Wade E Jensen, Donald D Goff. (js, ) (Entered: 11/16/2006)	RECAP
3	Nov. 15, 2006	NOTICE of Attorney Appearance by Richard H Honaker on behalf of Wade E Jensen, Donald D Goff (js, ) (Entered: 11/16/2006)	RECAP
4	Nov. 15, 2006	NOTICE of Complexity by Plaintiffs Wade E Jensen, Donald D Goff ; this case is complex. (js, ) (Entered: 11/16/2006)	RECAP
5	Nov. 21, 2006	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)	RECAP
6	Nov. 21, 2006	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)	RECAP
7	Dec. 7, 2006	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)	RECAP
8	Dec. 18, 2006	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)	RECAP
9	Dec. 18, 2006	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)	RECAP
10	Dec. 19, 2006	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)	RECAP
11	Dec. 20, 2006	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)	RECAP
12	Dec. 20, 2006	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)	RECAP
13	Jan. 4, 2007	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)	RECAP
14	Jan. 10, 2007	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	RECAP
15	Jan. 10, 2007	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	RECAP
16	Jan. 10, 2007	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	RECAP
17	Jan. 10, 2007	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)	RECAP
18	Jan. 10, 2007	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)	RECAP
19	Jan. 10, 2007	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)	RECAP
20	Jan. 11, 2007	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)	RECAP
21	Jan. 25, 2007	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	RECAP
22	Jan. 29, 2007	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)	RECAP
23	Jan. 30, 2007	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)	RECAP
24	Feb. 6, 2007	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	RECAP
25	Feb. 7, 2007	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)	RECAP
26	Feb. 7, 2007	ORDER by the Honorable William C Beaman granting 24 Motion to Continue. (cc: all counsel on 2/7/07.)(db, ) (Entered: 02/07/2007)	RECAP
27	March 2, 2007	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)	RECAP
28	March 8, 2007	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)	RECAP
29	March 16, 2007	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)	RECAP
30	March 21, 2007	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)	RECAP
31	March 30, 2007	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	RECAP
32	March 30, 2007	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)	RECAP
33	March 30, 2007	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)	RECAP
34	April 13, 2007	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	RECAP
35	April 13, 2007	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)	RECAP
36	April 16, 2007	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	RECAP
37	April 16, 2007	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	RECAP
38	April 17, 2007	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)	RECAP
39	April 20, 2007	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	RECAP
40	April 27, 2007	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)	RECAP
41	April 27, 2007	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)	RECAP
42	April 30, 2007	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)	RECAP
43	April 30, 2007	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)	RECAP
44	May 7, 2007	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)	RECAP
45	May 7, 2007	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)	RECAP
46	May 7, 2007	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)	RECAP
47	May 18, 2007	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)	RECAP
48	May 21, 2007	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)	RECAP
49	May 21, 2007	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)	RECAP
50	May 21, 2007	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)	RECAP
51	May 23, 2007	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)	RECAP
52	June 1, 2007	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)	RECAP
53	June 1, 2007	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)	RECAP
54	June 11, 2007	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)	RECAP
55	June 11, 2007	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)	RECAP
56	June 11, 2007	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)	RECAP
57	June 14, 2007	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)	RECAP
58	June 29, 2007	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)	RECAP
59	July 2, 2007	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)	RECAP
61	July 11, 2007	ORDER Denying Plaintiffs' 40 Motion for Discovery by the Honorable William C Beaman.(sjlg, ) (Entered: 07/13/2007)	RECAP
60	July 12, 2007	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)	RECAP
62	July 27, 2007	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)	RECAP
63	July 27, 2007	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)	RECAP
64	Aug. 1, 2007	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)	RECAP
65	Aug. 10, 2007	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)	RECAP
66	Aug. 10, 2007	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)	RECAP
67	Aug. 15, 2007	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)	RECAP
68	Sept. 14, 2007	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)	RECAP
69	Oct. 16, 2007	ORDER on Class Certification and Conditional Approval of ADEA Collective Action by the Honorable Alan B Johnson.(sjlg, ) (Entered: 10/17/2007)	RECAP
70	Oct. 17, 2007	AMENDED ORDER OF CLASS CERTIFICATION AND CONDITIONAL APPROVAL OF ADEA COLLECTIVE ACTION by the Honorable Alan B Johnson.(slb, ) (Entered: 10/17/2007)	RECAP
71	Oct. 18, 2007	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)	RECAP
72	Oct. 18, 2007	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)	RECAP
	Nov. 2, 2007	TRANSCRIPT of Motion Hearing held on 9/14/07 before Judge Alan B Johnson. Court Reporter: Julie Hedelson. (sjs, )
73	Nov. 14, 2007	SECOND AMENDED ORDER OF CLASS CERTIFICATION AND CONDITIONAL APPROVAL OF ADEA COLLECTIVE ACTION by the Honorable Alan B Johnson.(sjlg, ) (Entered: 11/14/2007)	RECAP
74	Nov. 20, 2007	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)	RECAP
75	Nov. 20, 2007	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)	RECAP
76	Nov. 21, 2007	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)	RECAP
77	Feb. 8, 2008	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)	RECAP
78	May 30, 2008	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)	RECAP
79	June 7, 2008	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)	RECAP
80	Oct. 20, 2008	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)	RECAP
81	Nov. 6, 2008	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)	RECAP
82	Nov. 10, 2008	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)	RECAP
83	Jan. 15, 2009	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)	RECAP
84	Jan. 30, 2009	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)	RECAP
85	Feb. 25, 2009	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)	RECAP
86	Feb. 26, 2009	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)	RECAP
87	Feb. 27, 2009	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)	RECAP
88	Feb. 27, 2009	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)	RECAP
89	Feb. 27, 2009	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)	RECAP
90	March 17, 2009	First Designation of Expert Witnesses by Plaintiffs Wade E Jensen, Donald D Goff. (Honaker, Richard) (Entered: 03/17/2009)	RECAP
91	March 17, 2009	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)	RECAP
92	March 27, 2009	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)	RECAP
93	March 31, 2009	Second Designation of Expert Witnesses by Plaintiffs Wade E Jensen, Donald D Goff. (Honaker, Richard) (Entered: 03/31/2009)	RECAP
94	March 31, 2009	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)	RECAP
95	March 31, 2009	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)	RECAP
96	April 17, 2009	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)	RECAP
97	April 24, 2009	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)	RECAP
98	April 27, 2009	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)	RECAP
99	April 30, 2009	Designation of Expert Witnesses by Plaintiffs Wade E Jensen, Donald D Goff. (Attachments: # 1 Rebuttal Affidavit of Claude Poulin, F.S.A., M.A.A.A., E.A., to Report of Dr. Michael Ward)(Honaker, Richard) (Entered: 04/30/2009)	RECAP

show / hide docket entries

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

Private Entity/Person

Slovay Chemicals, Inc.

Case Details

Causes of Action:

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

Other Dockets:

District of Wyoming 2:06-cv-00273

U.S. Court of Appeals for the Tenth Circuit 09-08082

Supreme Court of the United States 11-8092

Supreme Court of the United States 13-537

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Attorneys fees

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Issues

Discrimination Area:

Pay / Benefits

Discrimination Basis:

Age discrimination

Recommended Citation

Case Summary of Jensen v. Solvay America, Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10776/ (last updated 11/15/2016).