Case: Thiessen v. General Electric Capital Corp.

2:96-cv-02410 | U.S. District Court for the District of Kansas

Filed Date: Sept. 23, 1996

Closed Date: Dec. 18, 2002

Clearinghouse coding complete

Case Summary

On September 23, 1996, an employee of General Electric filed this lawsuit in the U.S. District Court for the District of Kansas. The plaintiff sued Montgomery Ward Credit Services, a subsidiary of General Electric Capital Corporation. The plaintiff, represented by private counsel, sought injunctive relief, alleging violations of the the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. We had difficulty finding all sources of relief sought from available…

On September 23, 1996, an employee of General Electric filed this lawsuit in the U.S. District Court for the District of Kansas. The plaintiff sued Montgomery Ward Credit Services, a subsidiary of General Electric Capital Corporation. The plaintiff, represented by private counsel, sought injunctive relief, alleging violations of the the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. We had difficulty finding all sources of relief sought from available opinions. The plaintiff alleged that defendant, his employer, denied him a series of promotions; additionally, he alleged a pattern or practice of company-wide age discrimination. Specifically, the plaintiff alleged an overall policy of defendants to remove older workers from the company; the company identified them as “blockers,” as in their view, the older individuals “blocked” the advancement of younger employees.

This summary includes less information than usual because many of the documents for this case were not available. The summary provides information found in opinions and the docket.

Prior to filing this lawsuit, the plaintiff filed a charge of age discrimination with the EEOC and the Kansas Human Rights Commission alleging violations of the ADEA and FLSA. He alleged that defendants engaged in a pattern or practice of systematically discriminating against older workers.

The plaintiff furthered class allegations and sought permission to have “similarly situated” individuals opt-in as plaintiffs on September 23, 1996. He moved the court under the ADEA class provision to make the case a “collective action,” the equivalent of a class action. The ADEA uses the same opt-in class action mechanism as the Fair Labor Standards Act, U.S.C. §216(b). The court set an August 1997 deadline for potential plaintiffs to file “opt-in” request forms, and 30 individuals elected to opt-in. The individuals had to meet these criteria: (1) 40 years of age or older; (2) employed by General Electric Capital Credit, Montgomery Ward Credit Services or Monogram Retail Credit Services; (3) members of the salaried exempt work force in certain employment bands; and (4) involuntarily discharged, laid off, terminated, downgraded, demoted, denied advancement opportunities or forced to retire from employment by General Electric Company.

In response to the collective action motion, on February 5, 1998 Judge John Lungstrum conditionally certified a class and allowed 22 of the individuals to join the case. The court found eights plaintiffs’ claims were time barred. Judge Lungstrum found that the plaintiff produced direct evidence of a policy of purported age discrimination. The court, however, declined to grant final certification, noting the lack of a sufficient link between the alleged policy and the adverse job actions. 996 F. Supp. 1071.

The court had signaled that it would be open to revising the certification issue, so at the conclusion of discovery, the defendants moved to decertify the collective action and dismiss the opt−in plaintiffs on April 7, 1998. On the same day, the defendants also sought summary judgment against each of the individual plaintiffs. The court then granted the decertification motion and entered summary judgment for the employer with respect to the employee’s individual claims. On June 23, 1998, the court held that the would-be plaintiffs were not “similarly situated” to each other, they did not satisfy certain administrative filing requirements, and that plaintiffs failed to produce evidence to support their discrimination claims regarding failures to promote. 13 F.Supp. 2d 1131. On June 24, 1998, the court entered a judgment dismissing the action.

The employees appealed. See Docket No. 98−3208. On October 12, 2001, the Tenth Circuit reversed; it held that class status was appropriate, that summary judgment should not have been granted against the original plaintiff's age discrimination claim, and that eight individuals should be allowed to opt-in. 267 F.3d 1095. Defendants sought review in the Supreme Court. S.Ct. No. 01−881. On June 17, 2002, the Supreme Court denied cert.

On August 8, 2002, Judge Lungstrum entered an order consolidating cases 98-4122-DES, 98-4121-SAC, and 02-2322-GTV. Opt-in plaintiffs had brought these parallel age discrimination cases.

After remand, on August 30, 2002, the defendant sought summary judgment regarding the collective ADEA discrimination claim, and against the individual plaintiffs.

On November 8, 2002, the court issued two orders. In a published opinion, the court denied the motions for summary judgment in regard to certain individual plaintiffs. (The court rejected the defendants' argument that employees had waived their discrimination claims when they signed releases.) 232 F. Supp. 2d 1230.

On the same day, the court also granted summary judgment against three opt-in plaintiffs. According to the court, their claims were time-barred and could not join the original plaintiff’s EEOC filing. 2002 WL 31571614.

Without any intervening docket entries, on the plaintiffs' stipulation to dismissal, Judge Lungstrum ended the case. Presumably the case settled, but we have no information on that.

Summary Authors

Lily Sawyer-Kaplan (7/1/2020)

People


Judge(s)

Lungstrum, John Watson (Kansas)

Attorneys(s) for Plaintiff

Braud, Bert S. (Missouri)

Egan, Dennis E. (Missouri)

Hubbard, Dirk L. (Missouri)

Klamann, John M. (Missouri)

Attorneys(s) for Defendant

Catlett, Steven T. (Illinois)

Finucane, Brian J. (Missouri)

Hess, Sharon D. (Texas)

Lampe, Matthew W. (New York)

Nager, Glen David (District of Columbia)

Judge(s)

Lungstrum, John Watson (Kansas)

Attorneys(s) for Plaintiff

Braud, Bert S. (Missouri)

Egan, Dennis E. (Missouri)

Hubbard, Dirk L. (Missouri)

Klamann, John M. (Missouri)

Attorneys(s) for Defendant

Catlett, Steven T. (Illinois)

Finucane, Brian J. (Missouri)

Hess, Sharon D. (Texas)

Lampe, Matthew W. (New York)

Nager, Glen David (District of Columbia)

Robinson, Jennifer L. (Kansas)

Documents in the Clearinghouse

Document

2:96-cv-02410

1:98-03208

01-00881

Docket [PACER]

Thiessen v. General Electric Cap

Jan. 22, 2003

Jan. 22, 2003

Docket
279

2:96-cv-02410

Memorandum and Order

Thiessen v. General Electric Capital Corporation

996 F.Supp. 1071

Feb. 5, 1998

Feb. 5, 1998

Order/Opinion

Resources

Docket

Last updated Aug. 6, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; No Summons(es) issued (YH) (Entered: 09/24/1996)

Sept. 23, 1996

Sept. 23, 1996

2

DESIGNATION OF PLACE OF TRIAL − trial to be held in Kansas City, Kansas; submitted by plaintiff Gary A Thiessen with jury demand (YH) (Entered: 09/24/1996)

Sept. 23, 1996

Sept. 23, 1996

FILING FEE PAID: on 9/23/96 in the amount of $ 120.00, receipt # 075792. (YH) (Entered: 09/24/1996)

Sept. 23, 1996

Sept. 23, 1996

3

NOTICE TO COUNSEL ENTERED: by Judge Kathryn H. Vratil: A scheduling conference will be held in the immediate future. Plaintiff or counsel for plaintiff is directed to notify all opposing counsel or unrepresented parties of this conference and to provide them copies of this order. (cc: all counsel) (MEH) (Entered: 10/03/1996)

Sept. 30, 1996

Sept. 30, 1996

4

FIRST AMENDED COMPLAINT [1−1] by plaintiff Gary A Thiessen; jury demand (MEH) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

5

DESIGNATION OF PLACE OF TRIAL − trial to be held in Kansas City, Kansas; submitted by plaintiff (MEH) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

SUMMONS issued as to defendant General Electric Cap, defendant Montgomery Ward Svc (MEH) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

6

RETURN OF SERVICE of summons executed upon defendant Montgomery Ward Svc on 11/18/96 by serving Linda Cathers (MEH) (Entered: 11/22/1996)

Nov. 21, 1996

Nov. 21, 1996

7

RETURN OF SERVICE of summons executed upon defendant General Electric Cap on 11/18/96 by serving Linda Cathers (MEH) (Entered: 11/22/1996)

Nov. 21, 1996

Nov. 21, 1996

8

CLERK'S ORDER ENTERED extending time until 12/13/96 for defendant General Electric Cap, defendant Montgomery Ward Svc to answer or otherwise plead. (MEH) (Entered: 12/02/1996)

Dec. 2, 1996

Dec. 2, 1996

9

NOTICE Scheduling Conference is set for 12/30/96 at 3:00 p.m. (cc: all counsel) (MEH) (Entered: 12/09/1996)

Dec. 6, 1996

Dec. 6, 1996

10

MOTION by defendants for attorneys Glen D. Nager, Steven T. Catlett and Matthew W. Lampe to appear pro hac vice referred to Judge Kathryn H. Vratil (MEH) (Entered: 12/16/1996)

Dec. 13, 1996

Dec. 13, 1996

12

ANSWER by defendants to plaintiff's first amended complaint [4−1] (MEH) (Entered: 12/16/1996)

Dec. 13, 1996

Dec. 13, 1996

11

CLERK'S LETTER as to defendants to attorney Glen D. Nager, Steven T. Catlett and Matthew W. Lampe re noncompliance of pro hac vice registration. (cc: phv attorney, Judge, Magistrate Judge, Atty Registration Clerk) (MEH) (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

13

MINUTE ORDER − ENTERED: by Clerk Scheduling Conference continued to 1/27/97 at 10:30 a.m. (cc: all counsel) (MEH) (Entered: 12/23/1996)

Dec. 20, 1996

Dec. 20, 1996

FILING FEE PAID: on 12/20/96 in the amount of $ 30.00, receipt # 076565 for PRO HAC VICE MOTIONS for Glen D. Nager, Steven T. Catlett and Matthew W. Lampe. (MEH) (Entered: 12/23/1996)

Dec. 20, 1996

Dec. 20, 1996

14

MINUTE ORDER − ENTERED: by Clerk Scheduling Conference moved to 1/27/97 at 10:30 (cc: all counsel) (YH) (Entered: 12/30/1996)

Dec. 27, 1996

Dec. 27, 1996

16

MOTION by plaintiff for attorney Dennis E. Egan to appear pro hac vice referred to Judge Kathryn H. Vratil (MEH) (Entered: 01/10/1997)

Jan. 8, 1997

Jan. 8, 1997

FILING FEE PAID: on 1/9/97 in the amount of $ 10.00, receipt # 076716 for PRO HAC VICE motion for Dennis E. Egan (MEH) (Entered: 01/10/1997)

Jan. 9, 1997

Jan. 9, 1997

17

REPORT of Parties' Planning Meeting filed by plaintiff, defendants (MEH) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

18

ATTORNEY APPEARANCE for plaintiff by John M. Klamann, Dirk L. Hubbard (MEH) (Entered: 01/16/1997)

Jan. 16, 1997

Jan. 16, 1997

19

ORDER ENTERED: by Judge Kathryn H. Vratil granting motion by plaintiff for attorney Dennis E. Egan to appear pro hac vice [16−1] (cc: all counsel) (MEH) (Entered: 01/22/1997)

Jan. 22, 1997

Jan. 22, 1997

20

NOTICE (CERTIFICATE) of SERVICE of voluntary Rule 26 Disclosures by plaintiff (MEH) (Entered: 01/24/1997)

Jan. 23, 1997

Jan. 23, 1997

21

NOTICE of SERVICE of Rule 26(a)(1) Initial Disclosures by defendants (MEH) (Entered: 01/27/1997)

Jan. 24, 1997

Jan. 24, 1997

22

SCHEDULING ORDER ENTERED: by Judge Kathryn H. Vratil; Scheduling Conference not held; Status Conference set for 10:00 a.m. on 11/10/97; Jury Trial set for 11/18/97; Pretrial Conference set for 9:00 a.m. on 9/5/97; Discovery ddl set for 8/31/97; Dispositive Mtn ddl 9/15/97 (cc: all counsel) (MEH) (Entered: 01/30/1997)

Jan. 29, 1997

Jan. 29, 1997

23

NOTICE by defendants of submission of agreed protective order (BL) (Entered: 02/11/1997)

Feb. 4, 1997

Feb. 4, 1997

24

AGREED PROTECTIVE ORDER by Judge Kathryn H. Vratil: The documents and information produced in this action by plaintiff and defendants shall be subject to the terms and conditions of the Agreed Protective Order. SEE ORDER FOR FURTHER INFORMATION (cc: all counsel) (BL) (Entered: 02/11/1997)

Feb. 10, 1997

Feb. 10, 1997

25

NOTICE (CERTIFICATE) of SERVICE of first interrogatories, first request for production of documents and first request for admissions by plaintiff (MEH) (Entered: 02/21/1997)

Feb. 20, 1997

Feb. 20, 1997

26

MOTION by plaintiff to compel referred to Judge John W. Lungstrum FILED UNDER SEAL (MEH) Modified on 04/07/1997 (gw). (Entered: 02/26/1997)

Feb. 25, 1997

Feb. 25, 1997

27

CERTIFICATE OF COMPLIANCE by plaintiff re: motion by plaintiff to compel referred to Judge John W. Lungstrum [26−1] (MEH) Modified on 04/07/1997 (Entered: 02/27/1997)

Feb. 25, 1997

Feb. 25, 1997

28

MOTION by defendants for protective order seeking the return of, and precluding plaintiff from using, privilegeg documents and information referred to Judge John W. Lungstrum FILED UNDER SEAL (MEH) Modified on 04/23/1997 (Additional attachment(s) added on 10/30/2019: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (gw). (Entered: 03/03/1997)

Feb. 27, 1997

Feb. 27, 1997

29

MINUTE SHEET: Kansas City, Kansas − re [28−1], re [26−1]: Motions hearing held on 3/4/97: Motion of plaintiff to compel − On or before 3/6/97 defense counsel will produce/file with the Court 1) privilege log, 2) privileged documents, for in camera review, 3) copies of all relevant correspondence between counsel. Motion of defendants for protective order − Same. Court Reporter: Del Percio (MEH) (Entered: 03/06/1997)

March 4, 1997

March 4, 1997

30

SEALED DOCUMENT (Box of in camera documents) (MEH) (Entered: 03/06/1997)

March 6, 1997

March 6, 1997

31

MEMORANDUM in opposition by defendants re: motion by plaintiff to compel referred to Judge Kathryn H. Vratil [26−1] (MEH) (Entered: 03/12/1997)

March 11, 1997

March 11, 1997

32

RESPONSE by plaintiff to motion by defendants for protective order seeking the return of, and precluding plaintiff from using, privilege documents and information referred to Judge John W. Lungstrum [28−1] (MEH) Modified on 04/23/1997 (Entered: 03/14/1997)

March 13, 1997

March 13, 1997

33

NOTICE (CERTIFICATE) of SERVICE of answers to first set of interrogatories and first request for production of documents by plaintiff (MEH) (Entered: 03/18/1997)

March 17, 1997

March 17, 1997

34

NOTICE by plaintiff of taking video deposition of Thomas C. Guyot on 4/17/97 at 10:00 a.m. (MEH) (Entered: 03/20/1997)

March 19, 1997

March 19, 1997

35

REPLY memorandum in support by defendants to motion by defendants for protective order seeking the return of, and precluding plaintiff from using, privilege documents and information referred to Judge Kathryn H. Vratil [28−1] SEALED (MEH) (Additional attachment(s) added on 10/30/2019: # 1 Exhibit A) (gw). (Entered: 03/20/1997)

March 20, 1997

March 20, 1997

36

MOTION by defendants to compel Mental Examination of Plaintiff and Production of Court−Ordered Releases referred to Judge John W. Lungstrum (TRS) Modified on 04/07/1997 (Entered: 03/25/1997)

March 24, 1997

March 24, 1997

37

MEMORANDUM by defendant General Electric Cap, defendant Montgomery Ward Svc in support of motion by defendants to compel Mental Examination of Plaintiff and Production of Court−Ordered Releases referred to Judge John W. Lungstrum [36−1] (TRS) Modified on 04/07/1997 (Entered: 03/25/1997)

March 24, 1997

March 24, 1997

38

CERTIFICATE OF COMPLIANCE by defendant General Electric Cap, defendant Montgomery Ward Svc re: motion by defendants to compel Mental Examination of Plaintiff and Production of Court−Ordered Releases referred to Judge John W. Lungstrum [36−1] (TRS) Modified on 04/07/1997 (Entered: 03/25/1997)

March 24, 1997

March 24, 1997

39

NOTICE of service of discovery by plaintiff Gary A Thiessen (YH) (Entered: 03/25/1997)

March 24, 1997

March 24, 1997

40

NOTICE of SERVICE of responses to first written discovery requests by defendant General Electric Cap (MEH) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

41

NOTICE of SERVICE of responses to first written discovery requests by defendant Montgomery Ward Svc (MEH) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

42

RESPONSE by plaintiff to motion by defendants to compel Mental Examination of Plaintiff and Production of Court−Ordered Releases referred to Judge Kathryn H. Vratil [36−1] (MEH) (Entered: 03/28/1997)

March 27, 1997

March 27, 1997

43

MOTION by plaintiff to compel answers to questions in deposition of witness Jacquelyn Wolf referred to Judge John W. Lungstrum SEALED (MEH) Modified on 04/08/1997 (gw). (Entered: 03/31/1997)

March 28, 1997

March 28, 1997

44

MEMORANDUM (SUGGESTIONS) in support of motion by plaintiff to compel answers to questions in deposition of witness Jacquelyn Wolf referred to Judge John W. Lungstrum [43−1] SEALED (MEH) Modified on 04/08/1997 (gw). (Entered: 03/31/1997)

March 28, 1997

March 28, 1997

45

PRELIMINARY WITNESS AND EXHIBIT LISTS submitted by defendant (MEH) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

48

PRELIMINARY WITNESS LISTS submitted by plaintiff (MEH) (Entered: 04/04/1997)

April 1, 1997

April 1, 1997

49

PRELIMINARY EXHIBIT list by plaintiff (MEH) (Entered: 04/04/1997)

April 1, 1997

April 1, 1997

46

MINUTE ORDER − ENTERED: by Clerk: The Honorable Kathryn H. Vratil hereby recuses herself in the above entitled action. The Clerk is directed to reassign this action. (cc: all counsel) (MEH) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

47

MINUTE ORDER − ENTERED: by Clerk Case reassigned to Judge John W. Lungstrum for all further proceedings. The case # is now 96−2410−JWL (cc: all counsel) (MEH) (Entered: 04/03/1997)

April 3, 1997

April 3, 1997

50

MINUTE ORDER − ENTERED: by Clerk Telephone Status conference held on 4/7/97 . The Court hereby Orders that on or before 4/15/97 the parties shall file any

April 8, 1997

April 8, 1997

52

NOTICE (CERTIFICATE) of SERVICE of third request for production of documents by plaintiff (MEH) (Entered: 04/10/1997)

April 9, 1997

April 9, 1997

53

MOTION by plaintiff to amend the scheduling order referred to Judge John W. Lungstrum (MEH) (Entered: 04/15/1997)

April 15, 1997

April 15, 1997

54

MOTION by defendants to amend the scheduling order referred to Judge John W. Lungstrum (MEH) (Entered: 04/15/1997)

April 15, 1997

April 15, 1997

55

MEMORANDUM in support of motion by defendants to amend the scheduling order referred to Judge John W. Lungstrum [54−1] (MEH) (Entered: 04/15/1997)

April 15, 1997

April 15, 1997

56

MEMORANDUM in opposition by defendants re: motion by plaintiff to amend the scheduling order referred to Judge John W. Lungstrum [53−1] (MEH) (Entered: 04/22/1997)

April 21, 1997

April 21, 1997

57

REPLY by plaintiff to memorandum in opposition by defendants to motion by plaintiff to amend the scheduling order referred to Judge John W. Lungstrum [53−1] (MEH) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

58

MEMORANDUM in opposition by plaintiff re: motion by defendants to amend the scheduling order referred to Judge John W. Lungstrum [54−1] (MEH) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

59

MINUTE SHEET: Kansas City, Kansas − motion hearing held on 4/21/97 . The court hereby continues this conference and will schedule for a later date to be determined by the court. Court Reporter: Mellegard (MEH) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

60

NOTICE of SERVICE of responses to plaintiff's second written discovery responses by defendant Montgomery Ward Svc (MEH) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

61

NOTICE of SERVICE of responses to plaintiff's second written discovery requests by defendant General Electric Cap (MEH) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

62

REPLY by defendant's General Electric Cap, Montgomery Ward Svc to response to motion by defendants to amend the scheduling order referred to Judge John W. Lungstrum [54−1] (TRS) (Entered: 04/30/1997)

April 29, 1997

April 29, 1997

63

MOTION by plaintiff for sanctions referred to Judge John W. Lungstrum (MEH) (Entered: 05/02/1997)

May 1, 1997

May 1, 1997

64

BRIEF in support of motion by plaintiff for sanctions referred to Judge John W. Lungstrum [63−1] (MEH) (Entered: 05/02/1997)

May 1, 1997

May 1, 1997

66

EXHIBITS (appendix) filed by plaintiff Gary A Thiessen re: [64−1] re memorandum [64−1], re: [63−1] re motion by plaintiff for sanctions referred to Judge John W. Lungstrum [63−1] (FILED UNDER SEAL) (BL) Modified on 05/05/1997 (Additional attachment(s) added on 10/30/2019: # 1 Deposition Exhibits 2, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Guyot Deposition, # 8 Wolf Deposition) (gw). (Entered: 05/05/1997)

May 2, 1997

May 2, 1997

67

TRANSCRIPT of Proceedings held on 3/4/97 before: Judge Kathryn H. Vratil (Re: ) Volumes: ONE # of pages: 40 (TRS) (Entered: 05/05/1997)

May 2, 1997

May 2, 1997

65

AMENDED SCHEDULING ORDER ENTERED: by Judge John W. Lungstrum; Jury Trial set for 4/7/98; Pretrial Conference set for 2:00 11/17/97; Discovery ddl set for 11/1/97; Dispositive Mtn ddl 12/1/97 (cc: all counsel) (YH) (Entered: 05/05/1997)

May 5, 1997

May 5, 1997

68

MINUTE ORDER − ENTERED: by Clerk re: [26−1], [28−1], [43−1] [36−1], [53−1] [54−1] [63−1]. It Is Ordered by the Court that plaintiff's motion to compel and defendants' motion for protective order seeking the return of, and precluding plaintiff from using privileged documents and information are granted in part and denied in part as set forth in full on the record. It is Further Ordered that the plaintiff shall either or before 5/7/97. It Is Further Ordered that the Court imposes the following sanctions in connection with plaintiff's motion and defendant's motion: defendant shall bear the costs and attorneys' fees incurred before the production of the "Blocker" documents and date that the privileged log was filed. The court will inform the jury about defendants' failure to disclose "Blocker" documents. It is Further Ordered that plaintiff's motion to compel answers to questions in deposition of witness Jacquelyn Wolf is denied. The court will permit the deposition of witness Jacquelyn Wolf to be reopened and the deposition shall be limited to a maximum of 2 hours unless extended by agreement of the parties. It Is Further Ordered that the defendants' motion to compel mental examination of plaintiff and production of court ordered releases is denied as set out in full on the record. It Is Further Ordered that plaintiff's motion to amend scheduling order and defendants' motion to amend scheduling order are granted in part and the Court will issue an amended scheduling order forthwith. It Is Further Ordered that upon the Court's review of plaintiff's motion for sanctions, it finds that it is based upon information which was available to plaintiff when he filed his motion to compel and, this, is duplicative of the prior motion. Plaintiff's motion for sanctions is sumarily denied and defendant need not file a response thereto. (cc: all counsel) (MEH) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

69

OPT−IN REQUEST for Robert DeMartine as a member of the class of individuals described in plaintiff's complaint (MEH) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

70

NOTICE by plaintiff of certification of destruction of documents (MEH) (Entered: 05/08/1997)

May 7, 1997

May 7, 1997

71

NOTICE (CERTIFICATE) of SERVICE of third interrogatories to defendants by plaintiff (MEH) (Entered: 05/08/1997)

May 7, 1997

May 7, 1997

72

NOTICE of Service of responses to third request for production of documents by Montgomery Ward Svc (KM) (Entered: 05/09/1997)

May 8, 1997

May 8, 1997

73

NOTICE of Service of responses to third request for production of documents by General Electric Cap (KM) (Entered: 05/09/1997)

May 8, 1997

May 8, 1997

74

MINUTE ORDER − ENTERED: by Clerk re [65−1]: It Is Ordered by the Court that paragrap "f" of the 5/5/97 amended scheduling order shall be amended as follows: Plaintiff(s) no later than 7/1/97, will identify any expert witnesses expected to be called for trial. FOR FURTHER INFORMATION SEE MINUTE ORDER. It Is Further Ordered that all other deadlines shall remain as set in the amended scheduling order. (cc: all counsel) (MEH) (Entered: 05/12/1997)

May 9, 1997

May 9, 1997

75

CERTIFICATE of SERVICE of First set of interrogatories and First request for production of documents by defendants General Electric Cap, Montgomery Ward Svc (TRS) (Entered: 05/14/1997)

May 13, 1997

May 13, 1997

536

MOTION by plaintiff for curative notice to class referred to Judge John W. Lungstrum and suggestions in support (FILED UNDER SEAL) (MEH) (Additional attachment(s) added on 10/30/2019: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F) (gw). (Entered: 05/30/1997)

May 28, 1997

May 28, 1997

77

MOTION by plaintiff for leave to file his second amended complaint referred to Judge John W. Lungstrum (MEH) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

78

MEMORANDUM in support of motion by plaintiff for leave to file his second amended complaint referred to Judge John W. Lungstrum [77−1] (MEH) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

79

CERTIFICATE of SERVICE of Answers to First Request for Production of Documents by plaintiff Gary A Thiessen (TRS) (Entered: 06/05/1997)

June 4, 1997

June 4, 1997

80

NOTICE of Service of answers third set of interrogatories by defendants (KM) (Entered: 06/11/1997)

June 10, 1997

June 10, 1997

81

MEMORANDUM in opposition by defendant re: motion by plaintiff for curative notice to class referred Judge John W. Lungstrum [76−1] (KM) (Entered: 06/11/1997)

June 10, 1997

June 10, 1997

83

CERTIFICATE of Service of Plaintiff's Supplemental Voluntary Disclosures by plaintiff. (ICMSUSER) (Entered: 06/20/1997)

June 19, 1997

June 19, 1997

84

ORDER ENTERED: by Judge John W. Lungstrum granting motion by plaintiff for leave to file his second amended complaint Plaintiff shall have ten (10) days from the date of this Order within which to file his Second Amended Complaint. [77−1] (cc: all counsel) (YH) (Entered: 06/24/1997)

June 23, 1997

June 23, 1997

85

SECOND AMENDED COMPLAINT [4−1] w/designation of place of trial − Kansas City, KS by plaintiff Gary A Thiessen; jury demand (TRS) (Entered: 06/26/1997)

June 25, 1997

June 25, 1997

86

AMENDED ANSWER [12−1] by defendant General Electric Cap, defendant Montgomery Ward Svc; jury demand (TRS) (Entered: 07/09/1997)

July 8, 1997

July 8, 1997

89

Consent to Join as a Party Plaintiff by Terry M. Grisham (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

90

Consent to Join as a Party Plaintiff by Billie M. Huddleston (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

91

Consent to Join as Party Plaintiff by Janice F. Trice (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

92

OPT−IN REQUEST by Artemio Robles (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

93

OPT−IN REQUEST by Ray Osburn (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

94

OPT−IN REQUEST by Larry Nobles (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

95

OPT−IN REQUEST by Robert Marsonette (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

96

OPT−IN REQUEST by Gwen Colwell (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

97

OPT−IN REQUEST by Gene Autry (TRS) (Entered: 07/22/1997)

July 9, 1997

July 9, 1997

87

MINUTE ORDER − ENTERED: by Clerk denying motion by plaintiff for curative notice to class [76−1] (cc: all counsel) (YH) (Entered: 07/17/1997)

July 16, 1997

July 16, 1997

88

Notice of Service by defendants General Electric Cap, defendant Montgomery Ward Svc of first discovery requests to Opt−In Plaintiffs Autry, Colwell, Grisham, Huddleston, Marsonette, Nobles, Osburn, Robles and Trice (TRS) (Entered: 07/17/1997)

July 16, 1997

July 16, 1997

98

MINUTE SHEET: Kansas City, KS − Telephone Status Conference held re: clarification of the protective order Court Reporter: D. Mellegard (BL) (Entered: 07/23/1997)

July 22, 1997

July 22, 1997

99

PROTECTIVE ORDER by Judge John W. Lungstrum: Pursuant to the telephone conference with the Court 7/21/97 and by further agreement of the parties, the Agreed protective Order currently in place in this litigation and filed 2/10/97 shall be modified; This addition to the original shall be followed as if it were part of the original (cc: all counsel) (See Order for more details) (TRS) (Entered: 07/29/1997)

July 28, 1997

July 28, 1997

Case Details

State / Territory: Kansas

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 23, 1996

Closing Date: Dec. 18, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

(1) 40 years of age or older; (2) employed by General Electric Capital Credit, Montgomery Wards Credit Services or Monogram Retail Credit Services, Inc. (MRCSI); (3) members of the salaried exempt work force as either a Band III, IV or V employee; and (4) involuntarily discharged, laid off, terminated, downgraded, demoted, denied advancement opportunities or forced to retire from employment by General Electric Company.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

General Electric Capital Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Title VII (including PDA), 42 U.S.C. § 2000e

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Pattern or Practice

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits