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, monetar…

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 attrorneys, 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)

Hartz, Harris L. (New Mexico)

Attorneys(s) for Plaintiff

Bruce, Stephen (District of Columbia)

Honaker, Richard H. (Wyoming)

Johnson, Alan Bond (Wyoming)

Pienta, Allison C. (District of Columbia)

Attorneys(s) for Defendant

Hammett, J. Richard (Texas)

Hickey, Paul J. (Wyoming)

Judge(s)

Beaman, William C. (Wyoming)

Gorsuch, Neil M. (Colorado)

Harris, Scott Sutherland (District of Columbia)

Hartz, Harris L. (New Mexico)

Attorneys(s) for Plaintiff

Bruce, Stephen (District of Columbia)

Honaker, Richard H. (Wyoming)

Johnson, Alan Bond (Wyoming)

Pienta, Allison C. (District of Columbia)

Attorneys(s) for Defendant

Hammett, J. Richard (Texas)

Hickey, Paul J. (Wyoming)

Nelson, Scott M. (Texas)

Pearson, O'Kelley H. (Wyoming)

Tsang-Kao, Charlene (Texas)

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.

520 F.Supp.2d 1356

Oct. 18, 2007

Oct. 18, 2007

Order/Opinion
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.

2009 WL 8710932

Aug. 3, 2009

Aug. 3, 2009

Order/Opinion
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

625 F.3d 641

Sept. 7, 2010

Sept. 7, 2010

Order/Opinion
149

2:06-cv-00273

Order on Mandate

Jensen v. Solvay Chemicals, Inc.

Oct. 28, 2010

Oct. 28, 2010

Order/Opinion

Resources

Docket

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

Last updated Aug. 6, 2022, 3:05 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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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Jan. 10, 2007

Jan. 10, 2007

PACER
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

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4 - part 1

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7 Exhibit 4 - part 2

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8 Exhibit 4 - part 3

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9 Exhibit 4 - part 4

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10 Exhibit 5

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11 Exhibit 6

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12 Exhibit 7

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13 Exhibit 8

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14 Exhibit 9

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Jan. 10, 2007

Jan. 10, 2007

PACER
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

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3 Affidavit of Scott N. Nelson

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4 Proposed Order Granting Motion for Admissions Pro Hac Vice

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Jan. 10, 2007

Jan. 10, 2007

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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Jan. 25, 2007

Jan. 25, 2007

PACER
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

PACER
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

PACER
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

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Feb. 6, 2007

Feb. 6, 2007

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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3 Exhibit 2 Part 1

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4 Exhibit 2 Part 2

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5 Exhibit 2 Part 3

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6 Exhibit 2 Part 4

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7 Exhibit 3

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8 Exhibit 4

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9 Exhibit 5

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10 Exhibit 6

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11 Exhibit 7

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12 Exhibit 8

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13 Exhibit 9

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14 Exhibit 10

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15 Proposed Order

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March 30, 2007

March 30, 2007

PACER
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

PACER
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

PACER
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

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April 13, 2007

April 13, 2007

PACER
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

PACER
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

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April 16, 2007

April 16, 2007

PACER
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

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Proposed Order

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April 16, 2007

April 16, 2007

PACER
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

PACER
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

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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April 20, 2007

April 20, 2007

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
99

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)

April 30, 2009

April 30, 2009

PACER

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

Attorneys fees

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Issues

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination