Case: Tomlinson v. El Paso Corp.

1:04-cv-02686 | U.S. District Court for the District of Colorado

Filed Date: Dec. 29, 2004

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On December 29, 2004, employees of El Paso Corporation filed a lawsuit under ERISA and the ADEA against their employer in the United States District Court for the District of Colorado. The plaintiffs, represented by private counsel, asked the court for declaratory, injunctive, and compensatory relief, claiming that changes made to their pension plans violated federal law. Specifically, the plaintiffs claimed that their pension plans were negatively impacted when El Paso Corporation changed to…

On December 29, 2004, employees of El Paso Corporation filed a lawsuit under ERISA and the ADEA against their employer in the United States District Court for the District of Colorado. The plaintiffs, represented by private counsel, asked the court for declaratory, injunctive, and compensatory relief, claiming that changes made to their pension plans violated federal law. Specifically, the plaintiffs claimed that their pension plans were negatively impacted when El Paso Corporation changed to a cash balance formula for determining pension benefits.

On March 22, 2007, the court (Judge Walker Miller) dismissed one of the plaintiffs' claims under ERISA (Claim III) but denied the defendant's motion to dismiss on all other claims. The Court found that the statute of limitations did not bar the remaining claims from proceeding. 2007 WL 891378 (D. Colo. Mar. 22, 2007).

On March 19, 2008, the court granted the defendant's motion for judgments on the pleadings, and granted in part and denied in part Plaintiffs' motion for class certification. The court dismissed Claims II and IV; as a result, only Claims I and V remained. Claim I alleged that the "wear-away period" in the pension plan violated the ADEA. Claim V alleged that the Summary Plan Description violated ERISA section 102 (29 U.S.C. § 1022). The court granted the plaintiffs' motion for class certification and conditionally approved the ADEA collective action on the condition that they resubmit a class definition in accord with the Court's dismissal of some of their claims. 2008 WL 762456 (D. Colo. Mar. 19, 2008).

On January 21, 2009, the court denied the plaintiffs' motion to reconsider the dismissal of Claims II and IV. The court also granted the defendant's motions for summary judgment on the ADEA claim, holding that it was time-barred because the conversion to a cash balance formula was a "discrete act" under Ledbetter v. Goodyear. Further, the court dismissed the plaintiffs' remaining ERISA (alleging inadequate notice in the Summary Plan Description) claim because there was no evidence that the plaintiffs relied on the Summary Plan Description or that they suffered prejudice because of it. After this decision, Plaintiffs had no remaining claims. 2009 WL 151532 (D. Colo. Jan. 21, 2009).

The court granted plaintiffs' motion to alter or amend judgment on August 28, 2009. As a result of the Ledbetter Legislation, the court decided that the plaintiffs' ADEA claim (Claim I) was not time-barred. 2009 WL 2766718 (D. Colo. Aug. 28, 2009).

On September 17, 2009, the defendants filed a renewed motion for summary judgment on the merits of ADEA claim. On July 26, 2010, the court found for the defendants and granted summary judgment, finding that the pension transition did not violate ADEA.

On August 6, 2010, the court entered its judgment against the plaintiffs and in favor of defendants on claim 1.

On August 19, 2010, the defendants filed a motion to bifurcate attorneys' fees. On August 25, the court granted the motion upon the condition that their motion included a good faith estimate of the dollar amount of their claim.

On August 20, 2010, the defendants submitted a motion seeking $141,423.03 in costs; approximately $98,000.00 of that amount was attributable to “Mercer electronic discovery ordered by Court.” After a hearing, the court awarded the defendants $5220.25, representing $4,086.35 for the costs of transcripts, witness fees of $1,021.00, and copying charges of $120.90.

On August 24, 2010, the plaintiffs filed an appeal to the United States Court of Appeals for the Tenth Circuit.

On August 27, 2010, the defendants filed a motion for attorneys' fees under ERISA for fees incurred in defending against the plaintiffs’ ERISA claims up until the January 21, 2009 order dismissing the plaintiffs’ final ERISA claim. The plaintiffs opposed the motion, arguing that attorneys’ fees should not be awarded.

On March 30, 2011, the court denied the defendant's motion for attorneys' fees.

On June 9, 2011, the court granted in part and denied in part the defendant's motion for taxation of costs. The court increased its award from $5,220.25 to $7,995.90, but denied the other motions.

On August 11, 2011, the Court of Appeals affirmed the district court's decision. In its opinion, the court explained that “wear-away” periods were caused by giving a transition period that employers were not obligated by law to give. The court refused to punish the defendants for giving a benefit it was not obligated to give in the first place. Second, the court recognized that the cash balance benefit continued to grow equally for everyone, irrespective of the age of the employee. Finally, the court noted that older workers had the option of choosing the “frozen” final average pay benefit rather than the cash balance benefit, if any employee found that to be more valuable.

The court also made clear that when employers make major changes to their pension plans they must give notice of those changes to employees. The court analyzed and approved the notices that the defendants sent out to its employees, making specific and detailed findings regarding what employers must include in Summary Plan Descriptions – and what they need not include – when changes are made to pension plans.

On December 22, 2011, the plaintiffs filed Petition for Writ of Certiorari, but it was denied on February 28, 2012.

This case is now closed.

Summary Authors

Haley Waller (8/18/2010)

Ginny Lee (4/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4694215/parties/tomlinson-v-el-paso-corporation/


Judge(s)

Miller, Walker David (Colorado)

Attorneys(s) for Plaintiff

Bruce, Stephen (District of Columbia)

Caalim, Allison (District of Columbia)

Roseman, Barry D. (Colorado)

Attorneys(s) for Defendant

Kirkpatrick, Joshua B. (Colorado)

Nadel, Darren E. (Colorado)

Randall, Melissa M. (Colorado)

Rillo, Christopher J. (California)

Expert/Monitor/Master

Altman, Ian H. FSA (California)

Bardwell, Robert A. Ph.D. (Colorado)

Judge(s)

Miller, Walker David (Colorado)

Attorneys(s) for Plaintiff

Bruce, Stephen (District of Columbia)

Caalim, Allison (District of Columbia)

Roseman, Barry D. (Colorado)

Attorneys(s) for Defendant

Kirkpatrick, Joshua B. (Colorado)

Nadel, Darren E. (Colorado)

Randall, Melissa M. (Colorado)

Rillo, Christopher J. (California)

Expert/Monitor/Master

Altman, Ian H. FSA (California)

Bardwell, Robert A. Ph.D. (Colorado)

Ward, Michael P. (California)

Documents in the Clearinghouse

Document

1:04-cv-02686

Docket

Tomlinson v. El Paso Corporation

Feb. 28, 2012

Feb. 28, 2012

Docket
1

1:04-cv-02686

CLASS ACTION COMPLAINT

Tomlinson v. El Paso Corporation

Dec. 29, 2004

Dec. 29, 2004

Complaint
107

1:04-cv-02686

PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND CONDITIONAL APPROVAL OF ADEA COLLECTIVE ACTION

Tomlinson v. El Paso Corporation

March 19, 2007

March 19, 2007

Pleading / Motion / Brief
108

1:04-cv-02686

ORDER ON MOTION TO DISMISS

Tomlinson v. El Paso Corporation

2007 WL 891378, 2007 U.S.Dist.LEXIS 20766

March 22, 2007

March 22, 2007

Order/Opinion
213

1:04-cv-02686

ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR CLASS ACTION CERTIFICATION

Tomlinson v. El Paso Corporation

2008 WL 762456, 2008 U.S.Dist.LEXIS 21668

March 19, 2008

March 19, 2008

Order/Opinion
221

1:04-cv-02686

DEFENDANTS' MEMORANDUM IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT ON ADEA CLAIM FOR FAILURE TO FILE A TIMELY CHARGE OF DISCRIMINATION

Tomlinson v. El Paso Corporation

April 14, 2008

April 14, 2008

Pleading / Motion / Brief
221

1:04-cv-02686

Preliminary Report on the Impact of Amending the Defined Benefit Retirement Plan to the Cash Balance Pension (CBP Select) on Older Employees

Tomlinson v. El Paso Corporation

April 15, 2008

April 15, 2008

Monitor/Expert/Receiver Report
229

1:04-cv-02686

PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ADEA CLAIM

Tomlinson v. El Paso Corporation

April 28, 2008

April 28, 2008

Pleading / Motion / Brief
233

1:04-cv-02686

DEFENDANTS' MEMORANDUM IN SUPPORT FOR PARTIAL SUMMARY JUDGMENT ON CLAIM V

Tomlinson v. El Paso Corporation

May 14, 2008

May 14, 2008

Pleading / Motion / Brief
232

1:04-cv-02686

Rebuttal Report of Ian H. Altman, FSA

Tomlinson v. El Paso Corporation

May 15, 2008

May 15, 2008

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4694215/tomlinson-v-el-paso-corporation/

Last updated May 29, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT against El Paso Corporation, El Paso Pension Plan (Filing fee $ 150 #256984.), filed by plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. Jury demand.(bpm, ) (Entered: 12/30/2004)

Dec. 29, 2004

Dec. 29, 2004

PACER

Summons Issued as to El Paso Corporation, El Paso Pension Plan. (bpm, )

Dec. 29, 2004

Dec. 29, 2004

PACER
2

ORDER returning case to clerk's office for reassignment to another judge. Signed by Judge Zita L. Weinshienk on 1/12/05. (gms, ) (Entered: 01/14/2005)

Jan. 12, 2005

Jan. 12, 2005

PACER
3

LETTER REASSIGNING CASE. Case reassigned to Judge Walker D. Miller for all further proceedings. Judge Zita L. Weinshienk is no longer assigned to case. (gms, ) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
4

WAIVER OF SERVICE Returned Executed by all plaintiffs. El Paso Pension Plan waiver sent on 12/29/2004, accepted by Steven C. Meisgeier, Esq, answer due 2/28/2005. (pap, ) (Entered: 02/15/2005)

Feb. 11, 2005

Feb. 11, 2005

PACER
5

MOTION for Extension of Time to Plead or Respond to the 1 Complaint to 3/30/05 by Defendants El Paso Corporation, El Paso Pension Plan. (gms, ) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER
6

Corporate Disclosure by El Paso Corporation, El Paso Pension Plan. (gms, ) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

PACER
7

ORDER REFERRING CASE to Magistrate Judge O. Edward Schlatter; R16,stat,stlmt,pt,pto (dlb, ) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
8

MINUTE ORDER granting 5 MOTION for Extension of Time to Plead or Respond to the 1 Complaint to 3/30/05 by Defendants El Paso Corporation, El Paso Pension Plan. Answer due 3/30/2005 by Judge Walker D. Miller on 2/28/05. (dlb, ) (Entered: 03/01/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
9

MINUTE ORDER setting Scheduling/Planning Conference set for 4/27/2005 10:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward Schlatter on 3/1/05. (dlb, ) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

PACER
10

MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 03/31/2005)

March 30, 2005

March 30, 2005

PACER
11

Plas' Unopposed MOTION for Extension of Time to File Opposition (Response) to dfts' mtn for partial dismissal to 5/20/05 re: 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan.(dlb, ) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

PACER
12

MEMORANDUM referring to Magistrate Judge Schlatter : 11 MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint filed by Wayne Tomlinson,, Alice Ballesteros,, Gary Muckelroy, by Judge Walker D. Miller on 4/19/05. (dlb, ) (Entered: 04/21/2005)

April 19, 2005

April 19, 2005

PACER
13

MINUTE ORDER resetting Scheduling Conference set for 5/27/2005 09:30 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward Schlatter on 4/19/05. (dlb, ) (Entered: 04/21/2005)

April 19, 2005

April 19, 2005

PACER
14

MINUTE ORDER granting 11 Plas' Unopposed MOTION for Extension of Time to File Opposition (Response) to dfts' mtn for partial dismissal to 5/20/05 re: 10 by Magistrate Judge O. Edward Schlatter on 4/19/05. (dlb, ) (Entered: 04/21/2005)

April 19, 2005

April 19, 2005

PACER
15

Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan.(dlb, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

PACER
16

MEMORANDUM referring to Magistrate Judge Schlatter : 15 Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan by Judge Walker D. Miller on 5/18/05. (dlb, ) (Entered: 05/19/2005)

May 18, 2005

May 18, 2005

PACER
17

Dfts' Opposition (RESPONSE) to Second 15 Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
18

MINUTE ORDER granting 15 Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan by Magistrate Judge O. Edward Schlatter on 5/19/05. (dlb, ) (Entered: 05/23/2005)

May 19, 2005

May 19, 2005

PACER
19

Plas' Memorandum of Law (BRIEF) in Opposition to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/26/2005)

May 25, 2005

May 25, 2005

PACER
20

Plas' Memorandum of Law (BRIEF) in Opposition re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. [Unpubished Decisions] (dlb, ) (Entered: 05/27/2005)

May 26, 2005

May 26, 2005

PACER
21

MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/27/2005)

May 26, 2005

May 26, 2005

PACER
22

Minute Entry for proceedings held before Judge O. Edward Schlatter : Scheduling Conference held on 5/27/2005 re 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. The Court will not rule on the motion at this time. Pla's response due within ten (10) days of this date. Dfts shall then have five (5) days to file a reply. Dfts' shall make initial disclosures by 6/10/05. Discovery cut off: 3/31/06; dispositive motion deadline: 4/28/06; prtrial conference, 9/11/06 at 9:00 a.m.; settlement conference to be set at a later date. (Court Reporter FTR - Ctrm A601.) (dlb, ) (Entered: 05/31/2005)

May 27, 2005

May 27, 2005

PACER
23

SCHEDULING ORDER: Discovery due by 3/31/2006. Dispositive Motions due by 4/28/2006. Proposed Pretrial Order due by 9/6/2006. Final Pretrial Conference set for 9/11/2006 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. Signed by Magistrate Judge O. Edward Schlatter on 5/27/05. (dlb, ) (Modified on 7/25/2005 to correct typo) (dlb, ). (Entered: 05/31/2005)

May 27, 2005

May 27, 2005

PACER
24

MINUTE ORDER : Final Pretrial Conference set for 9/11/2006 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward Schlatter on 5/27/05. (dlb, ) (Entered: 05/31/2005)

May 27, 2005

May 27, 2005

PACER
25

MEMORANDUM referring to Magistrate Judge Schlatter : 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan by Judge Walker D. Miller on 5/31/05. (dlb, ) (Entered: 06/01/2005)

May 31, 2005

May 31, 2005

PACER
26

MINUTE ORDER re: 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. Pla's responses due by 6/13/05 by Magistrate Judge O. Edward Schlatter on 5/31/05. (dlb, ) (Entered: 06/01/2005)

May 31, 2005

May 31, 2005

PACER
27

Plas' Memorandum of Law (BRIEF) in Opposition to 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 06/14/2005)

June 13, 2005

June 13, 2005

PACER
28

Pla's Unpublished Decisions (SUPPLEMENT) to 27 Plas' Memorandum of Law (BRIEF) in Opposition to 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 06/14/2005)

June 13, 2005

June 13, 2005

PACER
29

MINUTE ORDER re: 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. The deadline for filing a reply shall be extended to 6/23/05 by Magistrate Judge O. Edward Schlatter on 6/14/05. (dlb, ) (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

PACER
30

Defendants' REPLY Memorandum in further support of their 21 MOTION for a Protective Order Staying Discovery Pending Disposition of Defedants' Pleading Motion or in the Alternative. Limiting Discovery to Claim IV and V filed by Defendants El Paso Corporation, El Paso Pension Plan. (djs, ) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

PACER
31

ORDER granting 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. All discovery is hereby stayed pending ruling on dfts' motion to dismiss. Signed by Magistrate Judge O. Edward Schlatter on 6/21/05. (dlb, ) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

RECAP
32

AMENDED ORDER re: 31 ORDER granting 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. All discovery is hereby stayed pending ruling on dfts' motion to dismiss. Signed by Magistrate Judge O. Edward Schlatter on 6/22/05. (dlb, ) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

RECAP
33

MOTION to Strike 19 Brief in Opposition to Motion, Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs' Opposition Brief by Defendants El Paso Corporation, El Paso Pension Plan. (Martin, Raymond) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

PACER
34

REPLY to Response to Motion re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint filed by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A to Defendants' Reply Memorandum of Law# 2 Exhibit B to Defendants' Reply Memorandum of Law)(Martin, Raymond) (Entered: 06/23/2005)

1 Exhibit A to Defendants' Reply Memorandum of Law

View on PACER

2 Exhibit B to Defendants' Reply Memorandum of Law

View on PACER

June 23, 2005

June 23, 2005

PACER
35

Mail Returned as Undeliverable re: 31 Order Addressed to Chritopher Rillo. (dlb, ) (Entered: 06/30/2005)

June 29, 2005

June 29, 2005

PACER
36

BRIEF in Opposition re 33 MOTION to Strike 19 Brief in Opposition to Motion, Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs' Opposition Brief filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER
37

Mail Returned as Undeliverable Addressed to Christopher Rillo. (dlb, ) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

PACER
38

NOTICE of Change of Address for Christopher J. Rillo by Raymond W. Martin (Martin, Raymond) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

PACER
39

MOTION to Withdraw as Attorney (Rachel Shaffer) by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only) to Motion for Withdrawal of Counsel)(Martin, Raymond) (Entered: 09/07/2005)

1 Proposed Order (PDF Only) to Motion for Withdrawal of Counsel

View on PACER

Sept. 7, 2005

Sept. 7, 2005

PACER
40

MEMORANDUM referring to Magistrate Judge Schlatter : 39 MOTION to Withdraw as Attorney (Rachel Shaffer) filed by El Paso Corporation,, El Paso Pension Plan, by Judge Walker D. Miller on 9/8/05. (Text Only Entry - No Document Attached)(wdmsec, ) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
41

ORDER granting 39 MOTION to Withdraw as Attorney (Rachel Shaffer) by Defendants El Paso Corporation, El Paso Pension Plan. Signed by Magistrate Judge O. Edward Schlatter on 9/9/05. (dlb, ) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
42

Letter from Stephen R. Bruce (dlb, ) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

PACER
43

RESPONSE to 42 Letter to the Honorable O. Edward Schlatter by Defendants El Paso Corporation, El Paso Pension Plan. (Martin, Raymond) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

PACER
44

NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Modified on 11/2/2005 to clarify entry) (dlb, ). (Modified on 11/2/2005 to indicate STRICKEN pursuant to minute order)(dlb, ). (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
45

MINUTE ORDER STRIKING for failure to comply with D.C.Colo.LCivR 5.6 44 NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension Plan by Judge Walker D. Miller on 11/1/05. (dlb, ) (Entered: 11/02/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
46

NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Modified on 11/3/2005 to clarify entry) (dlb, ). (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

PACER
47

STATEMENT of Supplemental Authority and response to Dfts' 46 NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit A)(Roseman, Barry) (Modified on 11/10/2005 to correct linkage and clarify entry) (dlb, ). (Entered: 11/10/2005)

1 Exhibit A

View on PACER

Nov. 10, 2005

Nov. 10, 2005

PACER
48

NOTICE of Supplemental Authority re MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Modified on 11/23/2005 to clarify entry) (dlb, ). (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

PACER
49

REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge O. Edward Schlatter, this case has been reassigned and is now referred to Michael E. Hegarty, effective February 15, 2006. All future pleadings should reference Magistrate Judge Hegarty at the end of the civil action number (such as 05-cv-00500-LTB-MEH). The dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Hegarty in Courtroom A601. His chambers are located in Room A651. His telephone number is 303-844-4507. (Text only entry - no document attached) (gms, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
50

MINUTE ORDER denying 33 MOTION to Strike 19 Brief in Opposition to Motion, Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs' Opposition Brief by Defendants by Judge Walker D. Miller on 3/30/06. (dlb, ) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

RECAP
51

STATEMENT re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint (Supplemental Authority) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit A)(Roseman, Barry) (Entered: 04/13/2006)

1 Exhibit A

View on PACER

April 13, 2006

April 13, 2006

PACER
52

Unopposed MOTION for Leave to File A Response to Notice of New Authority by Defendant El Paso Corporation. (Rillo, Christopher) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
53

MEMORANDUM referring to Magistrate Judge Hegarty : 52 Unopposed MOTION for Leave to File A Response to Notice of New Authority filed by El Paso Corporation, by Judge Walker D. Miller on 4/19/06. (Text Only Entry - No Document Attached)(wdmsec, ) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
54

RESPONSE to 48 Notice (Other), Notice (Other) by Defendants El Paso Corporation, El Paso Pension Plan. (Rillo, Christopher) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

PACER
55

Minute ORDER granting Defendants' Unopposed 52 Motion for Leave to Respond to Plaintiffs' Notice of New Authority. Defendants are directed to electronically file the response, by Magistrate Judge Michael E. Hegarty on 4/20/06. (gms, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

RECAP
56

NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint (Notice of Supplemental Authority in Further Support of) by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit A# 2 Exhibit B)(Martin, Raymond) (Entered: 08/11/2006)

1 Exhibit A

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2 Exhibit B

View on PACER

Aug. 11, 2006

Aug. 11, 2006

PACER
57

Unopposed MOTION to File Response to Defendants' 56 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Modified on 8/15/2006 to add linkage) (dln, ). (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

PACER
58

Docket Annotation re: 57 Unopposed MOTION to File Response to Defendants' 56 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss by Plaintiff. [Entry modified to add linkage] Text only entry - no document attached. (dln, ) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

PACER
59

MINUTE ORDER Granting if filed within 10 days 57 Plaintiffs' Unopposed MOTION to File Response to Defendants' 56 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss. Entered by Judge Walker D. Miller on 8/16/06. (pap, ) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

RECAP
60

NOTICE re 56 Notice (Other), Notice (Other) Response to Defendants' Notice of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy (Attachments: # 1 Exhibit)(Bruce, Stephen) (Entered: 08/30/2006)

1 Exhibit

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Aug. 30, 2006

Aug. 30, 2006

PACER
61

NOTICE re 60 Notice (Other) Supplemental Response to Defendants' Notice of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy (Bruce, Stephen) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

PACER
62

MINUTE ORDER: Final Pretrial Conference set for 09/11/2006 is CONVERTED to a Telephonic Status Conference set for 9/11/2006 09:00 AM before Magistrate Judge Michael E. Hegarty by Judge Michael E. Hegarty on 9/6/06. (dln, ) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

PACER
63

NOTICE re 61 Notice (Other), 60 Notice (Other) application to respond by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
64

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Status Conference held on 9/11/2006. Scheduling Conference set for 10/25/2006 09:00 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. The proposed Scheduling Order shall be submitted to the Court by e-mail and to the Clerk of the Court for electronic filing on October 23, 2006, by noon (12:00 p.m.) Denver time.(Court Reporter FTR - C. Coomes) (mehcd) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

PACER
65

Docket Annotation re: 63 NOTICE re 61 Notice (Other), 60 Notice (Other) application to respond by Defendants filed in error. [Document to be refiled by Counsel as Motion for leave; Exhibits as attachments and a proposed document]. Text only entry - no document attached. (dln, ) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

PACER
66

Unopposed MOTION for Leave to File Reply to Plaintiffs' August 30, 2006 Responses to Defendants' Notice of Supplemental Authority by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Document Defendants' Reply to Plaintiffs' Responses Filed on August 30, 2006 and September 5, 2006)(Martin, Raymond) (Entered: 09/12/2006)

1 Proposed Document Defendants' Reply to Plaintiffs' Responses Filed on

View on PACER

Sept. 12, 2006

Sept. 12, 2006

PACER
68

REPLY to Plaintiffs Supplemental Responses 60 and 61 re: 10 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss by Defendants El Paso Corporation, El Paso Pension Plan. (dln, ) (Entered: 09/13/2006)

Sept. 12, 2006

Sept. 12, 2006

PACER
67

MINUTE ORDER granting 66 Unopposed MOTION for Leave to File Reply to Plaintiffs' August 30, 2006 Responses to Defendants' Notice of Supplemental Authority by Defendants and the same is accepted for filing by Judge Walker D. Miller on 9/12/06.(dln, ) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

RECAP
69

NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Defendants' Notice of Supplementary Authority in Support of Motion# 2)(Rillo, Christopher) (Entered: 09/28/2006)

1 Defendants' Notice of Supplementary Authority in Support of Motion

View on PACER

Sept. 28, 2006

Sept. 28, 2006

PACER
70

RESPONSE to 69 NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Modified on 10/6/2006 to add linkage)(dln, ). (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

PACER
71

Unopposed MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

PACER
72

MOTION for Leave to File A Reply to Plaintiffs' October 5 Response to Notice of New Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document)(Rillo, Christopher) (Entered: 10/11/2006)

1 Proposed Document

View on PACER

Oct. 11, 2006

Oct. 11, 2006

PACER
73

RESPONSE to Motion re 72 MOTION for Leave to File A Reply to Plaintiffs' October 5 Response to Notice of New Authority filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

PACER
74

Proposed Scheduling Order by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
75

MINUTE ORDER granting 71 Unopposed MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority by Plaintiffs by Judge Walker D. Miller on 10/23/06.(dln, ) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

RECAP
76

Proposed Scheduling Order (Corrected) by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

PACER
77

Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty. Scheduling Conference held on 10/25/2006: Settlement Conference set for 9/10/2007 at 10:00 a.m. in Courtroom A 601 before Magistrate Judge Michael E. Hegarty; Final Pretrial Conference set for 11/27/2007 at 9:00 a.m. in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - Ben Van Dyke) (paccd) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
78

SCHEDULING ORDER: Discovery due by 8/31/2007.,Dispositive Motions due by 9/30/2007., Settlement Conference set for 9/10/2007 10:00 AM before Magistrate Judge Michael E. Hegarty., Final Pretrial Conference set for 11/27/2007 09:00 AM before Magistrate Judge Michael E. Hegarty. Signed by Judge Michael E. Hegarty on 10/25/06. (dln, ) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
79

MINUTE ORDER granting 72 MOTION for Leave to File A Reply to Plaintiffs' October 5 Response to Notice of New Authority by Defendant by Judge Walker D. Miller on 11/1/06.(dln, ) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

RECAP
80

Plaintiffs' Third STATEMENT of Suppelemtnal Authority re 19 Plas' Memorandum of Law (BRIEF) in Opposition to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss (Supplemental Authorities) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Modified on 11/3/2006 to correct linkage) (dln, ). (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
81

Docket Annotation re: 80 Plaintiffs' Third STATEMENT of Suppelemtnal Authority re 19 Plas' Memorandum of Law (BRIEF) in Opposition to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss (Supplemental Authorities). [Entry modified to correct linkage]. Text only entry - no document attached. (dln, ) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
82

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty : Discovery Hearing held on 11/3/2006. (Court Reporter FTR - C. Coomes) (mehcd) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

PACER
84

TRANSCRIPT of Telephonic Discovery Hearing held on November 3, 2006 before Judge Michael E. Hegarty. Prepared by: Avery/Woods. Pages: 1 - 15. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (dln, ) (Entered: 11/15/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
83

NOTICE of Defendants' Unopposed Application to Respond to Plaintiffs' Third Submission of Supplementary Authority by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Proposed Document Response to Plaintiffs' Third Submission of Supplementary Authority)(Rillo, Christopher) (Entered: 11/14/2006)

1 Proposed Document Response to Plaintiffs' Third Submission of Supplementary

View on PACER

Nov. 14, 2006

Nov. 14, 2006

PACER
85

Docket Annotation re: 83 NOTICE of Defendants' Unopposed Application to Respond to Plaintiffs' Third Submission of Supplementary Authority by Defendants. [Document to be refiled by Counsel as a Motion for Leave to file]. Text only entry - no document attached. (dln, ) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
86

Unopposed MOTION for Leave to File Reply to Plaintiffs' Third Notice of Supplementary Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document)(Rillo, Christopher) (Entered: 11/15/2006)

1 Proposed Document

View on PACER

Nov. 15, 2006

Nov. 15, 2006

PACER
87

Unopposed MOTION for Leave to Respond to Defs. Reply to Notice of Suppl. Auth. by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Document Plaintiffs' Response to Defs. Reply to Notice of Suppl. Auth.)(Bruce, Stephen) (Entered: 11/16/2006)

1 Proposed Document Plaintiffs' Response to Defs. Reply to Notice of Suppl. A

View on PACER

Nov. 16, 2006

Nov. 16, 2006

PACER
88

NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint supplementary authority by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit unpublished court decision)(Rillo, Christopher) (Entered: 12/13/2006)

1 Exhibit unpublished court decision

View on PACER

Dec. 13, 2006

Dec. 13, 2006

PACER
89

Joint MOTION for Protective Order by All Parties Filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
90

MEMORANDUM regarding 89 Joint MOTION for Protective Order by All Parties Filed filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on 12/15/06. (wdmsec, ) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
91

Docket Annotation re: 89 Motions terminated: 89 Joint MOTION for Protective Order by All Parties Filed [Document is a Proposed Protective Order - to be refiled by Counsel with appropriate motion]. Text only entry - no document attached. (dln, ) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

PACER
92

NOTICE of Supplemental Authority (Fourth) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy (Attachments: # 1 Engers v. AT&T# 2 In re Citigroup)(Bruce, Stephen) (Entered: 12/18/2006)

1 Engers v. AT&T

View on PACER

2 In re Citigroup

View on PACER

Dec. 18, 2006

Dec. 18, 2006

PACER
93

Unopposed MOTION for Leave to Reply to Plaintiffs' Fourth Statement of Supplemental Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document Defendants' Response to Plaintiff's Fourth Statement of Supplemental Authority)(Rillo, Christopher) (Entered: 12/20/2006)

1 Proposed Document Defendants' Response to Plaintiff's Fourth Statement

View on PACER

Dec. 20, 2006

Dec. 20, 2006

PACER
94

Joint MOTION for Protective Order Regarding Confidentiality of Certain Documents by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 12/21/2006)

1 Proposed Order (PDF Only)

View on PACER

Dec. 21, 2006

Dec. 21, 2006

PACER
95

MEMORANDUM regarding 94 Joint MOTION for Protective Order Regarding Confidentiality of Certain Documents by Defendants. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on 12/26/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

PACER
96

MINUTE ORDER granting 94 Joint MOTION for Protective Order Regarding Confidentiality of Certain Documents by Defendants by Magistrate Judge Michael E. Hegarty on 12/26/06.(dln, ) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

RECAP
97

PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS. Signed by Judge Michael E. Hegarty on 12/26/06. (dln, ) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

RECAP
98

Joint MOTION to Amend/Correct/Modify 78 Scheduling Order, by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Rillo, Christopher) (Entered: 01/19/2007)

1 Proposed Order (PDF Only)

View on PACER

Jan. 19, 2007

Jan. 19, 2007

PACER
99

MEMORANDUM regarding 98 Joint MOTION to Amend/Correct/Modify 78 Scheduling Order, filed by El Paso Corporation, El Paso Pension Plan, Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on 1/19/07. (wdmsec, ) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Dec. 29, 2004

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees of El Paso Corporation whose pension benefits were negatively impacted when El Paso changed its pension plans to a cash balance formula.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

El Paso Corporation (Colorado Springs), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination