Case: VASZLAVIK v. STORAGE TEK CORP

1:95-cv-02525 | U.S. District Court for the District of Colorado

Filed Date: Oct. 2, 1995

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On October 2, 1995, former employees of Storage Tek Corporation filed a lawsuit under ERISA, the ADEA, and the ADA, against Storage Tek in the United States District Court, District of Colorado. The plaintiffs, represented by private counsel, asked the court for injunctive, declaratory, and compensatory relief, claiming that they were wrongfully discharged. Specifically, plaintiffs claimed that they were treated less favorably than younger employees as a result of a company-wide strategy to r…

On October 2, 1995, former employees of Storage Tek Corporation filed a lawsuit under ERISA, the ADEA, and the ADA, against Storage Tek in the United States District Court, District of Colorado. The plaintiffs, represented by private counsel, asked the court for injunctive, declaratory, and compensatory relief, claiming that they were wrongfully discharged. Specifically, plaintiffs claimed that they were treated less favorably than younger employees as a result of a company-wide strategy to reduce costs and its older workforce.

On November 26, 1997, the District Court (Judge Lewis Babcock) granted Plaintiffs' motion to certify an ADEA collective action but denied the motion to certify an ERISA class action. The Court found that conditional certification of an ADEA action was appropriate because Plaintiffs had shown that members of the proposed class were negatively impacted by Defendant's "Strategic Plan." However, the Court declined to certify an ERISA class action because Plaintiffs' proposed class definition was over-inclusive. Vaszlavik v. Storage Tek Corp., 175 F.R.D. 672 (D. Col. 1997).

The Court granted Plaintiffs' second motion to certify an ERISA class action on November 9, 1998. The Court found that Plaintiffs' revised class definition was adequate to define the class. The ERISA class was defined as: "all employees who were over the age of 40 at the time of their layoffs by employer, between April 13, 1993, and Dec. 31, 1996, because of their perceived above-average use or perceived anticipated above-average use of company benefits." Vaszlavik v. Storage Tek Corp., 183 F.R.D. 264 (D. Col. 1998).

On March 9, 2000, the Court approved the parties' settlement and dismissed the case. The settlement provided $5 million to members of the ADEA class and injunctive and declaratory relief to members of the ERISA class. Vaszlavik v. Storage Tek Corp., 2000 U.S.Dist.LEXIS 21129 (D. Col. Mar. 9, 2000). On the same day, the Court also granted Plaintiffs' counsel approximately $1.8 million in fees and costs.

The case has thus been resolved and was closed in March 2000.

Summary Authors

Haley Waller (8/19/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4695122/parties/vaszlavik-v-storage-tek-corp/


Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

Benezra, Seth J. (Colorado)

Culver, John A. (Colorado)

Attorney for Defendant

Bland, Richard Len (Colorado)

Ferguson, Nancy K. (Colorado)

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Documents in the Clearinghouse

Document

1:95-cv-02525

Docket

Vaszlavik v. Storage Tek Corporation

July 26, 2005

July 26, 2005

Docket
178

1:95-cv-02525

MEMORANDUM OPINION & ORDER (Granting motion to certify ADEA collection action and denying motion to certify ERISA class action)

Vaszlavik v. Storage Tek Corporation

Nov. 26, 1997

Nov. 26, 1997

Order/Opinion

175 F.R.D. 672

297

1:95-cv-02525

MEMORANDUM OPINION AND ORDER (Granting second motion to certify ERISA class action)

Vaszlavik v. Storage Tek Corporation

Nov. 9, 1998

Nov. 9, 1998

Order/Opinion

183 F.R.D. 264

528

1:95-cv-02525

ORDER GRANTING CLASS COUNSEL’S PETITION FOR ATTORNEY FEES AND COSTS

Vaszlavik v. Storage Tek Corporation

March 9, 2000

March 9, 2000

Order/Opinion

2000 U.S.Dist.LEXIS 21140

527

1:95-cv-02525

ORDER APPROVING CLASS SETTLEMENT AND DISMISSING CLASS CLAIMS WITH PREJUDICE

Vaszlavik v. Storage Tek Corporation

March 9, 2000

March 9, 2000

Order/Opinion

2000 U.S.Dist.LEXIS 21129

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4695122/vaszlavik-v-storage-tek-corp/

Last updated Aug. 20, 2025, 11:22 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 10/03/1995)

Oct. 2, 1995

Oct. 2, 1995

PACER

FILING FEE PAID: on 10/2/95 in the amount of $ 120.00, receipt # 175150. (former empl)

Oct. 2, 1995

Oct. 2, 1995

PACER
2

AMENDED COMPLAINT [1-1] by plaintiffs Pamela Wilson, Arthur J. Gercken, Patrick L. Ellis; jury demand terminating defendant Storage Tek Corp; adding Storage Technology Corporation (lam) (Entered: 10/05/1995)

Oct. 3, 1995

Oct. 3, 1995

PACER
3

RETURN OF SERVICE of Summons and Amended Complaint was made upon Pam Truillo, Prentice Hall Legal & Financial on 1/3/96 with no indication if for defendant Storage Tech Corp (former empl) (Entered: 01/04/1996)

Jan. 3, 1996

Jan. 3, 1996

PACER
4

ANSWER by defendant Storage Tech Corp to Amended complaint [2-1] (former empl) (Entered: 01/26/1996)

Jan. 25, 1996

Jan. 25, 1996

PACER
5

ORDER FOR RULE 16 CONFERENCE by Judge Lewis T. Babcock ; Rule 16 conference set for 8:00 2/28/96 (cc: all counsel) (former empl) (Entered: 01/31/1996)

Jan. 29, 1996

Jan. 29, 1996

PACER
6

COURTROOM MINUTES by Judge Lewis T. Babcock ; rule 16 conf held on 2/28/96 ; in court hrg on mtn/class certif. set for 3:00 pm on 10/3/96 ; ref to MJ Schlatter, sched order amnd'd by interlineation apprv'd; appropriate mtns are to be fl'd re: layoffs, etc. ; entry date : 2/28/96 Court Reporter: Gwen Daniel (former empl) (Entered: 02/28/1996)

Feb. 28, 1996

Feb. 28, 1996

PACER
7

MINUTE ORDER : by Judge Lewis T. Babcock ; in court hrg on mtn/class certification set for 3:00 10/3/96 (cc: all counsel) ; entry date : 2/28/96 (former empl) (Entered: 02/28/1996)

Feb. 28, 1996

Feb. 28, 1996

PACER
8

ORDER by Judge Lewis T. Babcock referring case to Magistrate Judge O. E. Schlatter for discovery and pretrial (cc: to counsel) (former empl) (Entered: 02/28/1996)

Feb. 28, 1996

Feb. 28, 1996

PACER
9

SCHEDULING ORDER w/amndmnts by interlineation by Judge Lewis T. Babcock ; Discovery cutoff 5/15/97 ;dispositive motions due 11/30/96 (cc: all counsel) (former empl) (Entered: 02/28/1996)

Feb. 28, 1996

Feb. 28, 1996

PACER
10

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:30 3/26/96 ; pretrial conf set for 9:00 10/25/96 (cc: all counsel) ; entry date : 3/4/96 (former empl) (Entered: 03/04/1996)

March 1, 1996

March 1, 1996

PACER
11

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf vacated (cc: all counsel) ; entry date : 3/18/96 (former empl) Modified on 04/30/1999 (Entered: 03/18/1996)

March 18, 1996

March 18, 1996

PACER
12

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to submit 2nd amd'd cmplt (former empl) (Entered: 04/12/1996)

April 11, 1996

April 11, 1996

PACER

Tendered Second Amended Complaint to add ADA claim for pltf Pam Wilson, submitted by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis motion to submit 2nd amd'd cmplt [12-1], complaint [2-1], complaint [1-1] (former empl)

April 11, 1996

April 11, 1996

PACER
13

MINUTE ORDER : by Judge Lewis T. Babcock taking under advisement on 4/12/96 the motion to submit 2nd amd'd cmplt [12-1] pending LR 7.1(A) certification (cc: all counsel) ; entry date : 4/15/96 (former empl) (Entered: 04/15/1996)

April 12, 1996

April 12, 1996

PACER
14

Certificate of Compliance by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis motion to submit 2nd amd'd cmplt [12-1] (former empl) (Entered: 04/19/1996)

April 17, 1996

April 17, 1996

PACER
15

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to submit 2nd amd'd cmplt [12-1]; and 2nd Amd'd Cmplt accepted for filing (cc: all counsel) ; entry date : 4/19/96 (former empl) (Entered: 04/19/1996)

April 18, 1996

April 18, 1996

PACER
20

2nd AMENDED COMPLAINT [2-1], [1-1] by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis; jury demand (gms) (Entered: 05/29/1996)

April 18, 1996

April 18, 1996

PACER
16

Joint MOTION by plaintiffs, defendants for protective order (former empl) (Entered: 04/26/1996)

April 25, 1996

April 25, 1996

PACER
17

PROTECTIVE ORDER entered by Magistrate Judge O. E. Schlatter; who/what fully set forth in written Order; all confidential materials filed w/Ct will be filed and kept under SEAL under further order of Ct : (cc: all counsel) (former empl) (Entered: 04/29/1996)

April 26, 1996

April 26, 1996

PACER
18

MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to compel discovery (former empl) (Entered: 05/28/1996)

May 24, 1996

May 24, 1996

PACER
19

MINUTE ORDER : by Magistrate Judge O. E. Schlatter deft has to 6/7/96 to respond regarding [18-1] motion to compel discovery (cc: all counsel) ; entry date : 5/28/96 (former empl) (Entered: 05/28/1996)

May 28, 1996

May 28, 1996

PACER
21

MOTION by defendant Storage Tech Corp to extend time to respond to pla mot to compel to 6/11/96 (former empl) (Entered: 06/11/1996)

June 7, 1996

June 7, 1996

PACER
22

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to respond to pla mot to compel to 6/11/96 [21-1], regarding [18-1] motion to compel discovery (cc: all counsel) ; entry date : 6/11/96 (former empl) (Entered: 06/11/1996)

June 10, 1996

June 10, 1996

PACER
23

ANSWER by defendant Storage Tech Corp to second amd complaint [20-1] (former empl) (Entered: 06/11/1996)

June 10, 1996

June 10, 1996

PACER
24

RESPONSE by defendant Storage Tech Corp to motion to compel discovery [18-1] (former empl) (Entered: 06/12/1996)

June 11, 1996

June 11, 1996

PACER
25

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; tele status conf set for 2:30 7/13/96 (cc: all counsel) ; entry date : 6/18/96 (former empl) (Entered: 06/18/1996)

June 17, 1996

June 17, 1996

PACER
26

AMENDED MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding [25-2] minute order ; status conf reset for 2:30 7/12/96 (cc: all counsel) ; entry date : 6/19/96 (former empl) (Entered: 06/19/1996)

June 18, 1996

June 18, 1996

PACER
27

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis for exten of time to file m/class certif PLACED UNDER SEAL IN EXHIBIT ROOM 8/15/96 (former empl) (Entered: 06/19/1996)

June 18, 1996

June 18, 1996

PACER
28

MINUTE ORDER : by Judge Lewis T. Babcock, deft has t/include 7/3/96 to resp, regarding [27-1] motion for exten of time to file m/class certif (cc: all counsel) ; entry date : 6/20/96 (former empl) (Entered: 06/20/1996)

June 19, 1996

June 19, 1996

PACER
29

RESPONSE by defendant Storage Tech Corp to motion for exten of time to file m/class certif [27-1] (former empl) (Entered: 07/03/1996)

July 2, 1996

July 2, 1996

PACER
30

MOTION by defendant Storage Tech Corp to compel depo testimony & docs, and for sanctions (former empl) (Entered: 07/03/1996)

July 2, 1996

July 2, 1996

PACER
31

MINUTE ORDER : by Magistrate Judge O. E. Schlatter, pltf resp due 7/16/96 regarding [30-1] motion to compel depo testimony & docs (cc: all counsel) ; entry date : 7/3/96 (former empl) (Entered: 07/03/1996)

July 3, 1996

July 3, 1996

PACER
32

SUPPLEMENTAL AUTHORITY by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis in supp of motion for exten of time to file m/class certif [27-1] (former empl) (Entered: 07/11/1996)

July 10, 1996

July 10, 1996

PACER
33

COURTROOM MINUTES by Magistrate Judge O. E. Schlatter granting in part & denying in part motion to compel depo testimony & docs [30-1] ; entry date : 7/15/96 Court Reporter: OES Tape 96-52 (former empl) (Entered: 07/15/1996)

July 12, 1996

July 12, 1996

PACER
34

MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to extend time to resp to m/compel until 7/22/96 (former empl) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

PACER
35

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to resp to m/compel until 7/22/96 [34-1] (cc: all counsel) ; entry date : 7/19/96 (former empl) (Entered: 07/19/1996)

July 18, 1996

July 18, 1996

PACER
36

ORDER by Magistrate Judge O. E. Schlatter, written ruling from hrg 7/12/96[(33-1] minutes) grants/denies in part mtn/compel; Ruling on motion for sanctions [30-2] is deferred pending hrg to be set (cc: all counsel) ; entry date : 7/22/96 (former empl) (Entered: 07/22/1996)

July 19, 1996

July 19, 1996

PACER
37

RESPONSE IN OPP by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to motion to compel depo testimony & docs [30-1] (former empl) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

PACER
38

MOTION by plaintiffs for leave to file rply to deft's resp to m/ext time to file m/class cert or set hrg (former empl) (Entered: 07/24/1996)

July 24, 1996

July 24, 1996

PACER
39

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for leave to file rply to deft's resp to m/ext time to file m/class cert or set hrg [38-1]; RPLY DUE on/befor 8/9/96 (cc: all counsel) ; entry date : 7/26/96 (former empl) (Entered: 07/26/1996)

July 26, 1996

July 26, 1996

PACER
40

MOTION by plaintiff, defendant for supplemental protective order [17-1] (former empl) (Entered: 07/31/1996)

July 31, 1996

July 31, 1996

PACER
41

MOTION by defendant Storage Tech Corp for protective order on dfts' adverse impact rpots as atty-client priv and not producable (former empl) (Entered: 08/02/1996)

Aug. 1, 1996

Aug. 1, 1996

PACER
42

SUPPLEMENTAL PROTECTIVE ORDER by Magistrate Judge O. E. Schlatter : entry grants the motion for supplemental protective order [17-1] and covers marking of CONFIDENTIAL MATERIALS ON Protected Docs Atena and PCS medical and dental claim detail reports [40-1], regarding [17-1] order (cc: all counsel) (former empl) (Entered: 08/05/1996)

Aug. 1, 1996

Aug. 1, 1996

PACER
43

MINUTE ORDER : by Magistrate Judge O. E. Schlatter pltf's response due 8/15/96 regarding [41-1] motion for protective order on dfts' adverse impact rpots as atty-client priv and not producable (cc: all counsel) ; entry date : 8/5/96 (former empl) (Entered: 08/05/1996)

Aug. 2, 1996

Aug. 2, 1996

PACER
44

TRANSCRIPT of proceedings of 7/12/96 Hrg w/MJ OES M/Compel ( 1-44 pages) Prepared By: AveryWoodsRptgServ,Inc. (former empl) (Entered: 08/05/1996)

Aug. 5, 1996

Aug. 5, 1996

PACER
45

REPLY by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to deft's opp (response) to pltfs' motion for exten of time to file m/class certif [27-1] - PLACED UNDER SEAL IN EXHIBIT ROOM 8/15/96 (former empl) (Entered: 08/08/1996)

Aug. 7, 1996

Aug. 7, 1996

PACER
46

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton (former empl) (Entered: 08/09/1996)

Aug. 8, 1996

Aug. 8, 1996

PACER

Tendered Third Amended Complaint submitted by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton [46-1] (former empl)

Aug. 8, 1996

Aug. 8, 1996

PACER
47

MINUTE ORDER : by Judge Lewis T. Babcock, deft response due 8/23/96 regarding [46-1] motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton (cc: all counsel) ; entry date : 8/12/96 (former empl) (Entered: 08/12/1996)

Aug. 9, 1996

Aug. 9, 1996

PACER
49

MINUTE ORDER : by Magistrate Judge O. E. Schlatter, ; status conf set on tele over disc dispute for 1:15 8/19/96 (cc: all counsel) ; entry date 8/15/96 (former empl) (Entered: 08/15/1996)

Aug. 14, 1996

Aug. 14, 1996

PACER
50

MOTION by defendant Storage Tech Corp to extend time to produce documents as ordered 7/19/96 (former empl) (Entered: 08/15/1996)

Aug. 14, 1996

Aug. 14, 1996

PACER
51

MOTION FILED UNDER SEAL by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis for approval of collective ADEA action - placed UNDER SEAL IN EXHIBIT ROOM (former empl) (Entered: 08/15/1996)

Aug. 14, 1996

Aug. 14, 1996

PACER
48

DOCKET CLERK MEMORANDUM regarding [45-1] motion reply, regarding [27-1] motion for exten of time to file m/class certi; at direction of pltfs' cnsl, both pleadings were removed from public files and placed UNDER SEAL in the EXHIBIT ROOM on 8/15/96 purs to PTO 4-26-96 and Supp PTO 8-1-96 (former empl) (Entered: 08/15/1996)

Aug. 15, 1996

Aug. 15, 1996

PACER
52

Unopposed MOTION by plaintiff for an extension of time to respond to deft's protective order to 8/22/96 (gms) (Entered: 08/16/1996)

Aug. 15, 1996

Aug. 15, 1996

PACER
53

MOTION by plaintiff for order to unseal motion for approval of collective ADEA action (gms) (Entered: 08/16/1996)

Aug. 15, 1996

Aug. 15, 1996

PACER
54

MINUTE ORDER : by Judge Lewis T. Babcock. Deft has to 9/16/96 to respond to pltfs' [51-1] motion for approval of collective ADEA action. Pltf has 20 days to reply. (cc: all counsel) ; entry date : 8/16/96 (gms) (Entered: 08/16/1996)

Aug. 15, 1996

Aug. 15, 1996

PACER
55

MINUTE ORDER : by Judge Lewis T. Babcock, deft has until 8/30/96 to respond to pltfs' m/unseal the m/approval of colelctive ADEA action, regarding [53-1] motion for order to unseal motion for approval of collective ADEA action, regarding [51-1] motion for approval of collective ADEA action (cc: all counsel) ; entry date : 8/16/96 (former empl) (Entered: 08/16/1996)

Aug. 16, 1996

Aug. 16, 1996

PACER
56

COURTROOM MINUTES by Magistrate Judge O. E. Schlatter regarding [50-1] motion to extend time to produce documents as ordered 7/19/96...Court is not convinced that pltf should bear the costs of document production and that request is denied. Motions hrg set 8/27/96 at 8:30 a.m. ; entry date : 8/20/96 Court Reporter: Tape No. 96-63 (gms) (Entered: 08/20/1996)

Aug. 19, 1996

Aug. 19, 1996

PACER
57

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting pltf's motion for an extension of time to respond to deft's protective order to 8/22/96 [52-1], regarding [41-1] motion for protective order on dfts' adverse impact rpots as atty-client priv and not producable (cc: all counsel) ; entry date : 8/20/96 (gms) (Entered: 08/20/1996)

Aug. 19, 1996

Aug. 19, 1996

PACER
58

ORDER by Magistrate Judge O. E. Schlatter granting deft's motion to extend time to produce documents as ordered 7/19/96 [50-1] to 9/2/96 (cc: all counsel) ; entry date : 8/20/96 (gms) (Entered: 08/20/1996)

Aug. 19, 1996

Aug. 19, 1996

PACER
59

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ;, ; mag motion hrg (conference) set for 8:30 8/27/96 (cc: all counsel) ; entry date : 8/20/96 (gms) (Entered: 08/20/1996)

Aug. 19, 1996

Aug. 19, 1996

PACER
60

RESPONSE by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to motion for protective order [41-1] (lam) (Entered: 08/23/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
61

MOTION by defendant Storage Tech Corp to extend time to 8/30/96 to resp to mtn to submit 3rd amd cmp (former empl) (Entered: 08/27/1996)

Aug. 23, 1996

Aug. 23, 1996

PACER
62

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to extend time to 8/30/96 to resp to mtn to submit 3rd amd cmp [61-1], regarding [46-1] (cc: all counsel) ; entry date : 8/27/96 (former empl) (Entered: 08/27/1996)

Aug. 23, 1996

Aug. 23, 1996

PACER
63

COURTROOM MINUTES by Magistrate Judge O. E. Schlatter granting motion to compel depo testimony & docs [30-1], granting motion for sanctions [30-2]; pltf to reimburse costs of this mtn to dft w/in 15 days of $1500.00 ; mag conference held 8/27/96 ; entry date : 8/28/96 Court Reporter: Tape 96-68 (former empl) (Entered: 08/28/1996)

Aug. 27, 1996

Aug. 27, 1996

PACER
64

ORDER by Magistrate Judge O. E. Schlatter regarding [63-2] minutes; M/Compel Gr in part, DEN in part as purs findings; deft to be reimbursed its fees/costs in amt of $1500, pay w/in 30 days (cc: all counsel) ; entry date : 8/29/96 (former empl) (Entered: 08/29/1996)

Aug. 27, 1996

Aug. 27, 1996

PACER
65

MOTION by defendant Storage Tech Corp to vacate 8/30/96 date for deft to respond to m/lv to file 3rd amd'd cmplt (former empl) (Entered: 08/30/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
66

MOTION by defendant Storage Tech Corp for leave to rply to pltfs' resp in opp to dft m/proto (former empl) (Entered: 08/30/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
67

MOTION by defendant Storage Tech Corp to extend time to resp to pltf's m/unseal mtn/unseal mtn...ADEA (former empl) (Entered: 08/30/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
68

MOTION by plaintiff Pamela - Wilson, plaintiff Arthur J. Gercken, plaintiff Patrick L. Ellis to file 4th amnd'd cmplt adding 7 pltfs and 1 claim (former empl) (Entered: 08/30/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER

Tendered Fourth Amended Complaint submitted by plaintiff motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim [68-1] (former empl)

Aug. 29, 1996

Aug. 29, 1996

PACER
69

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to vacate 8/30/96 date for deft to respond to m/lv to file 3rd amd'd cmplt [65-1] (cc: all counsel) ; entry date : 9/3/96 (former empl) (Entered: 09/03/1996)

Aug. 30, 1996

Aug. 30, 1996

PACER
70

MINUTE ORDER : by Judge Lewis T. Babcock, deft response due 9/20/96 regarding [68-1] motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim (cc: all counsel) ; entry date : 9/3/96 (former empl) (Entered: 09/03/1996)

Aug. 30, 1996

Aug. 30, 1996

PACER
71

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to extend time to resp to pltf's m/unseal mtn/unseal mtn...ADEA [67-1] to include 9/9/96, regarding [53-1] (cc: all counsel) ; entry date : 9/3/96 (former empl) (Entered: 09/03/1996)

Aug. 30, 1996

Aug. 30, 1996

PACER
72

TRANSCRIPT of proceedings of 7/2/96 MJ OES Hrg-Mtn/Compel ( 1-43 pages) Prepared By: AveryWoodsRptgSvc,Inc. (former empl) (Entered: 09/03/1996)

Sept. 3, 1996

Sept. 3, 1996

PACER
73

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion for leave to rply to pltfs' resp in opp to dft m/proto [66-1] and resp due 9/9/96 (cc: all counsel) ; entry date : 9/5/96 (former empl) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

PACER
74

OBJECTIONS by plaintiffs to order [64-1] (lam) (Entered: 09/09/1996)

Sept. 6, 1996

Sept. 6, 1996

PACER
75

OPPOSITION (RESPONSE) by defendant Storage Tech Corp to motion for order to unseal motion for approval of collective ADEA action [53-1] (former empl) (Entered: 09/10/1996)

Sept. 9, 1996

Sept. 9, 1996

PACER
76

REPLY in Support of Mtn/Proto by defendant Storage Tech Corp to respond to response to motion for protective order on dfts' adverse impact rpots as atty-client priv and not producable [41-1] (former empl) (Entered: 09/10/1996)

Sept. 9, 1996

Sept. 9, 1996

PACER
77

MOTION by plaintiffs for leave to file sur-rply brief by 9/18/96 (former empl) (Entered: 09/11/1996)

Sept. 10, 1996

Sept. 10, 1996

PACER
78

MOTION by defendant Storage Tech Corp to extend resp date on mtn/ADEA action, and for hearing (former empl) (Entered: 09/16/1996)

Sept. 13, 1996

Sept. 13, 1996

PACER
79

RESPONSE IN OPP by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis to motion to extend resp date on mtn/ADEA action [78-1] (former empl) (Entered: 09/18/1996)

Sept. 18, 1996

Sept. 18, 1996

PACER
80

CONSOLIDATED OPP TO (RESPONSE) by plaintiffs to motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim [68-1], motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton [46-1] (former empl) (Entered: 09/23/1996)

Sept. 20, 1996

Sept. 20, 1996

PACER
81

Unopposed MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis for leave to rply to m/opp to lv to file amn/d cmpls (former empl) (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
82

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; pretrial conf reset for 9:00 10/17/96 (cc: all counsel) ; entry date : 9/25/96 (former empl) (Entered: 09/25/1996)

Sept. 25, 1996

Sept. 25, 1996

PACER
83

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for leave to rply to m/opp to lv to file amn/d cmpls [81-1], RESP DUE 10/8/96, regarding [68-1] motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim, regarding [46-1] motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton (cc: all counsel) ; entry date : 9/25/96 (former empl) (Entered: 09/25/1996)

Sept. 25, 1996

Sept. 25, 1996

PACER
84

RESPONSE by defendant Storage Tech Corp to objection [74-1] to MJ Order 8/27/96 (former empl) (Entered: 09/26/1996)

Sept. 26, 1996

Sept. 26, 1996

PACER
85

MINUTE ORDER : by Judge Lewis T. Babcock setting hearing on motion (for exten of time to file) m/class certif [27-1] 8:30 10/24/96 ; in court hrg 10/3/96 reset to 10/24/96, and ; in court hrg set for 8:30 10/24/96 (cc: all counsel) ; entry date : 9/30/96 (former empl) (Entered: 09/30/1996)

Sept. 26, 1996

Sept. 26, 1996

PACER
86

MOTION by defendant Storage Tech Corp for protective order barring 3rd depo of Terri Evans (former empl) (Entered: 09/30/1996)

Sept. 27, 1996

Sept. 27, 1996

PACER
87

MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding [86-1] motion for protective order barring 3rd depo of Terri Evans; pla to respond by 11/11/96 (cc: all counsel) ; entry date : 10/3/96 (former empl) (Entered: 10/03/1996)

Sept. 30, 1996

Sept. 30, 1996

PACER
88

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; pretrial conf reset for 10:00 12/12/96 (cc: all counsel) ; entry date : 10/3/96 (former empl) (Entered: 10/03/1996)

Sept. 30, 1996

Sept. 30, 1996

PACER
89

REPLY by plaintiffs to response to motion to file 4th amnd'd cmplt adding 7 pltfs and 1 claim [68-1], motion to submit 3rd amended complaint adding pltfs John Vaszlavik, Walter Purdue, Carol Hill and Bob Cotton [46-1] (former empl) (Entered: 10/09/1996)

Oct. 8, 1996

Oct. 8, 1996

PACER
90

REPLY by plaintiff re: their objection [74-1] (former empl) (Entered: 10/09/1996)

Oct. 8, 1996

Oct. 8, 1996

PACER
91

MOTION by defendant Storage Tech Corp to vacate 10/24/96 hrg, and to reset 10/24/96 hrg, and for hearing for rl 16 sched conf (former empl) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

PACER
92

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to vacate 10/24/96 hrg [91-1], granting motion to reset 10/24/96 hrg [91-2], granting motion for hearing for rl 16 sched conf [91-3] ; sched/status conf set for 8:00 10/30/96 (cc: all counsel) ; entry date : 10/15/96 (former empl) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
93

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for order permitting reply re: 8/27/96 order [90-1] (cc: all counsel) ; entry date : 10/15/96 (former empl) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
94

MOTION by plaintiffs Pamela - Wilson, Arthur J. Gercken, Patrick L. Ellis tofile 5th amnd cmpl to add Lanette Stewart (former empl) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
95

RESPONSE by plaintiffs to motion for protective order barring 3rd depo of Terri Evans [86-1] (former empl) (Entered: 10/15/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER

Original Tendered Fifth Amended Complaint submitted by plaintiffs motion to file 5th amnd cmpl to add Lanette Stewart [94-1] (former empl)

Oct. 11, 1996

Oct. 11, 1996

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Oct. 2, 1995

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former employees of Storage Tek Corporation alleging wrongful termination as a result of company-wide age discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Storage Tek Corporation, Private Entity/Person

Defendant Type(s):

Retailer

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.

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $5 million

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Age discrimination