Case: Gaspar v. Linvatec Corp.

1:95-cv-03574 | U.S. District Court for the Northern District of Illinois

Filed Date: June 19, 1995

Closed Date: Oct. 20, 1998

Clearinghouse coding complete

Case Summary

On June 19, 1995 plaintiff filed suit in the United States District Court for the Northern District of Illinois against his former employer, Linvatec Corp., its owner Bristol-Myers Squibb Co., and the various units and committees that managed the retirement and severance packages for which he had been eligible. The plaintiff alleged that the defendants had violated the Employee Retirement Income Security Act, had breached their fiduciary duties, and had retaliated against him. The plaintiff's …

On June 19, 1995 plaintiff filed suit in the United States District Court for the Northern District of Illinois against his former employer, Linvatec Corp., its owner Bristol-Myers Squibb Co., and the various units and committees that managed the retirement and severance packages for which he had been eligible. The plaintiff alleged that the defendants had violated the Employee Retirement Income Security Act, had breached their fiduciary duties, and had retaliated against him. The plaintiff's complaint stemmed from the retirement package the defendants had offered him and other employees when Linvatec's Chicago plant was closed down in 1993. They were told that they could either receive an early retirement or a severance package, but not both. All employees made a choice except for the plaintiff who attempted to elect both options and was initially given neither.

On May 23, 1996 the court (Judge James H. Alesia) granted the plaintiff's motion for class certification. The class included all of those former employees of the defendant who had been terminated when the Chicago facility closed in 1993 and had been forced to choose between a severance package and an early retirement package. The court (Judge Alesia) granted the defendants' motion for summary judgment on February 7, 1997. The plaintiff then began the process of appealing to the Seventh Circuit Court of Appeals. Before the appeal reached the Seventh Circuit, however, the parties reached a settlement agreement on April 15, 1998. On September 3, 1998 Magistrate Judge Edward A. Bobrick recommended that the plaintiffs be relieved from the earlier judgment and on October 20, 1998 the court (Judge Alesia) accepted this recommendation and approved the settlement. The details of the settlement agreement are not known.

Summary Authors

Michael Perry (8/2/2010)

People


Judge(s)

Alesia, James Henry (Illinois)

Bobrick, Edward A. (Illinois)

Attorneys(s) for Plaintiff

Gorman, H. Candace (Illinois)

Meites, Thomas R. (Illinois)

Mollica, Paul William (Illinois)

Attorneys(s) for Defendant

Hancuch, Thomas G. (Illinois)

Jepson, Edward C. Jr. (Illinois)

McHale, Ann Margaret (Illinois)

Sculnick, Michael Warren (Illinois)

Judge(s)

Alesia, James Henry (Illinois)

Bobrick, Edward A. (Illinois)

Attorneys(s) for Plaintiff

Gorman, H. Candace (Illinois)

Meites, Thomas R. (Illinois)

Mollica, Paul William (Illinois)

Attorneys(s) for Defendant

Hancuch, Thomas G. (Illinois)

Jepson, Edward C. Jr. (Illinois)

McHale, Ann Margaret (Illinois)

Sculnick, Michael Warren (Illinois)

Documents in the Clearinghouse

Document

1:95-cv-03574

Docket

Dec. 15, 1998

Dec. 15, 1998

Docket
36

1:95-cv-03574

Memorandum Opinion and Order (Granting plaintiff's motion to certify a class action)

167 F.R.D. 51

May 23, 1996

May 23, 1996

Order/Opinion
68

1:95-cv-03574

Memorandum Opinion and Order (Granting defendants' motion for summary judgment and denying plaintiff's motion for partial summary judgment)

952 F.Supp. 1274

Feb. 7, 1997

Feb. 7, 1997

Order/Opinion
83

1:95-cv-03574

Report and Recommendation of Magistrate Judge Edward A. Bobrick

1998 U.S.Dist.LEXIS 14288

Sept. 3, 1998

Sept. 3, 1998

Magistrate Report/Recommendation

Resources

Docket

Last updated Aug. 9, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Paul William Mollica, Thomas R. Meites, H. Candace Gorman as attorney(s) for plaintiff with Rule 39 affidavits ( no summons(es) issued.) ( Documents: 1−1 through 1−6) (fce) (Entered: 06/20/1995)

June 19, 1995

June 19, 1995

RECEIPT regarding payment of filing fee paid; on 6/19/95 in the amount of $ 120.00, receipt # 456621. (fce) (Entered: 06/20/1995)

June 19, 1995

June 19, 1995

SIX ORIGINAL SUMMONS and six copies issued as to defendants (fce) (Entered: 06/28/1995)

June 28, 1995

June 28, 1995

2

RETURN OF SERVICE executed upon defendant Bristol−Myers Squibb on 7/3/95 (fce) (Entered: 07/07/1995)

July 6, 1995

July 6, 1995

3

RETURN OF SERVICE executed upon defendant Bristol−Myers Squibb on 7/3/95 (fce) (Entered: 07/07/1995)

July 6, 1995

July 6, 1995

4

RETURN OF SERVICE executed upon defendant Bristol−Myers Squib on 7/3/95 (fce) (Entered: 07/07/1995)

July 6, 1995

July 6, 1995

5

RETURN OF SERVICE executed upon defendant Bristol−Myers on 7/3/95 (fce) (Entered: 07/07/1995)

July 6, 1995

July 6, 1995

6

RETURN OF SERVICE executed upon defendant Linvatec Corp on 7/3/95 (fce) (Entered: 07/11/1995)

July 10, 1995

July 10, 1995

7

ATTORNEY APPEARANCE for defendants by Edward C. Jepson Jr., Michael Warren Sculnick, Thomas G. Hancuch and Ann Margaret Schlaffman (fce) (Entered: 07/14/1995)

July 13, 1995

July 13, 1995

8

RULE 39 Affidavit of Edward C. Jepson Jr. (fce) (Entered: 07/14/1995)

July 13, 1995

July 13, 1995

9

RULE 39 Affidavit of Michael Warren Sculnick (fce) (Entered: 07/14/1995)

July 13, 1995

July 13, 1995

10

RULE 39 Affidavit of Thomas G. Hancuch (fce) (Entered: 07/14/1995)

July 13, 1995

July 13, 1995

11

RULE 39 Affidavit of Ann Margaret Schlaffman (fce) (Entered: 07/14/1995)

July 13, 1995

July 13, 1995

12

MOTION by defendants Linvatec Corp, Bristol−Myers Squibb, Bristol−Myers Squibb, Bristol−Myers Squib, Bristol−Myers for enlargement of time to answer or otherwise plead ; Notice of motion. (smm) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

13

MINUTE ORDER of 7/19/95 by Hon. James H. Alesia : Status hearing set for 8/14/95 at 9:30 a.m. Defendants' motion for enlargement of time to 8/11/95 to answer or otherwise plead is granted [12−1]. Mailed notice. (smm) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

SCHEDULE set on 8/4/95 by Hon. James H. Alesia : Status hearing reset to 9:30 8/18/95 . Mailed notice (clw) (Entered: 08/04/1995)

Aug. 4, 1995

Aug. 4, 1995

15

MOTION by plaintiff Larry Gaspar to amend the class complaint (Attachment); Notice of motion. (smm) (Entered: 08/22/1995)

Aug. 18, 1995

Aug. 18, 1995

16

MOTION by plaintiff Larry Gaspar for a schedule on discovery and , briefing of class certification ; Notice of motion. (smm) (Entered: 08/22/1995)

Aug. 18, 1995

Aug. 18, 1995

17

AMENDED NOTICE of motion by plaintiff Larry Gaspar regarding motion for a schedule on discovery and [16−1], regarding motion briefing of class certification [16−2] (smm) (Entered: 08/22/1995)

Aug. 18, 1995

Aug. 18, 1995

18

MINUTE ORDER of 8/18/95 by Hon. James H. Alesia : Status hearing held. Plaintiff's motion to amend the class complaint is granted [15−1]; all defendants are given to 9/1/95 to answer or otherwise plead. Plaintiff's motion for a schedule on discovery and [16−1], briefing of class certification is granted [16−2]. Discovery cut−off on class certification only is 10/16/95. Plaintiff's motion class certification due 11/6/95 at 9:30 a.m. in open court. No extensions will be granted. Mailed notice. (smm) (Entered: 08/22/1995)

Aug. 18, 1995

Aug. 18, 1995

19

AMENDED class action and individual COMPLAINT [1−1] by plaintiff Larry Gaspar; jury demand (smm) (Entered: 08/22/1995)

Aug. 18, 1995

Aug. 18, 1995

20

ANSWER and defenses to amended complaint by defendants Linvatec Corp, Bristol−Myers Squibb, Bristol−Myers Squibb, Bristol−Myers Squib, Bristol−Myers; jury demand (smm) (Entered: 09/05/1995)

Aug. 31, 1995

Aug. 31, 1995

27

AFFIDAVIT of H. Candace Gorman (smm) (Entered: 11/07/1995)

Nov. 1, 1995

Nov. 1, 1995

28

AFFIDAVIT of Paul W. Mollica (smm) (Entered: 11/07/1995)

Nov. 1, 1995

Nov. 1, 1995

29

AFFIDAVIT of Larry Gaspar (Attachment). (smm) (Entered: 11/07/1995)

Nov. 1, 1995

Nov. 1, 1995

21

MEMORANDUM by plaintiff Larry Gaspar in support of motion to certify a class and for leave to give notice (Attachments). (smm) (Entered: 11/06/1995)

Nov. 2, 1995

Nov. 2, 1995

22

AFFIDAVIT of Candace Gorman (smm) (Entered: 11/06/1995)

Nov. 2, 1995

Nov. 2, 1995

23

AFFIDAVIT of Paul W. Mollica (Attachment). (smm) (Entered: 11/06/1995)

Nov. 2, 1995

Nov. 2, 1995

24

AFFIDAVIT of Larry Gaspar (Attachment). (smm) Modified on 11/06/1995 (Entered: 11/06/1995)

Nov. 2, 1995

Nov. 2, 1995

25

MOTION by plaintiff Larry Gaspar to certify a class action and , for leave to issue notice ; Notice of motion. (smm) (Entered: 11/07/1995)

Nov. 6, 1995

Nov. 6, 1995

26

MEMORANDUM by plaintiff Larry Gaspar in support of motion to certify a class action and [25−1], leave to issue notice [25−2] (Attachments). (smm) (Entered: 11/07/1995)

Nov. 6, 1995

Nov. 6, 1995

30

MINUTE ORDER of 11/6/95 by Hon. James H. Alesia : Plaintiff's motion to certify a class action and [25−1] for leave to issue notice [25−2]. Answer brief to motion due 11/27/95. Reply to answer brief due 12/11/95. Mailed notice. (smm) (Entered: 11/07/1995)

Nov. 6, 1995

Nov. 6, 1995

31

MEMORANDUM by defendant in opposition to motion to certify a class action and [25−1], for leave to give notice [25−2] (Attachments). (smm) (Entered: 11/29/1995)

Nov. 27, 1995

Nov. 27, 1995

32

AFFIDAVIT of Rhonda L. Gold (Exhibits). (smm) (Entered: 11/29/1995)

Nov. 27, 1995

Nov. 27, 1995

33

REPLY memorandum by plaintiff Larry Gaspar in support of motion to certify a class action and [25−1], for leave to give notice [25−2] (Attachments). (smm) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

34

MOTION by defendant for leave to file surreply memorandum in opposition to motion for class certification ; Notice of motion. (smm) (Entered: 12/22/1995)

Dec. 21, 1995

Dec. 21, 1995

SCHEDULE set on 1/17/96 by Hon. James H. Alesia : Status hearing held. No notice (clw) (Entered: 01/17/1996)

Jan. 17, 1996

Jan. 17, 1996

SCHEDULE set on 5/16/96 by Hon. James H. Alesia : Pretrial order is reset to 9:30 6/17/96 . Mailed notice (clw) (Entered: 05/16/1996)

May 16, 1996

May 16, 1996

36

MEMORANDUM, OPINION, AND ORDER (fce) (Entered: 05/23/1996)

May 23, 1996

May 23, 1996

37

MINUTE ORDER of 5/23/96 by Hon. James H. Alesia : Enter memorandum opinion and order. The court grants plaintiff Larry Gaspar's motion to certify a class action and [25−1] and for leave to issue notice [25−2] Mailed notice (fce) (Entered: 05/23/1996)

May 23, 1996

May 23, 1996

38

MOTION by defendants to amend class notice (Exhibit); Notice of filing (eav) (Entered: 06/04/1996)

June 3, 1996

June 3, 1996

39

JOINT MOTION by parties to set a briefing schedule for summary judgment and postpone joint pretrial order ; Notice of motion (eav) (Entered: 06/18/1996)

June 17, 1996

June 17, 1996

40

MINUTE ORDER of 6/17/96 by Hon. James H. Alesia : Parties' joint motion to set a briefing schedule for summary judgment and [39−1], postpone joint pretrial order [39−2] is denied. Date for submission of the final pretrial order in open court is reset to 07/15/96 at 9:30 a.m. This is a final date. Mailed notice (eav) (Entered: 06/18/1996)

June 17, 1996

June 17, 1996

41

NOTICE of motion by defendants regarding motion to amend class notice [38−1] (eav) (Entered: 06/19/1996)

June 18, 1996

June 18, 1996

42

MINUTE ORDER of 6/18/96 by Hon. James H. Alesia : Defendants' [38−1] motion to amend class notice is continued to 07/09/96 at 9:30 a.m. Date for submission of the final pretrial order in open court is reset to 07/31/96 at 9:30 a.m. Mailed notice (eav) (Entered: 06/19/1996)

June 18, 1996

June 18, 1996

43

RESPONSE by plaintiff to Linvatec's motion to amend class notice [38−1] (Exhibits) (eav) (Entered: 06/24/1996)

June 21, 1996

June 21, 1996

44

MINUTE ORDER of 6/26/96 by Hon. James H. Alesia : The court grants defendants' motion to amend the class notice to the extent that plaintiff should amend the notice in accordance with this court's findings set forth on the reverse of this order. [38−1] Telephoned notice (eav) (Entered: 06/28/1996)

June 26, 1996

June 26, 1996

SCHEDULE set on 6/26/96 by Hon. James H. Alesia : Motion to amend class notice hearing is stricken. No notice (clw) (Entered: 07/01/1996)

June 26, 1996

June 26, 1996

47

MOTION by defendants for summary judgment ; Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

July 16, 1996

July 16, 1996

49

MEMORANDUM by defendants of law in support of motion for summary judgment [47−1] (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

July 16, 1996

July 16, 1996

50

STATEMENT of undisputed material facts pursuant to General Rule 12(m) by defendants (Attachments) (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

July 16, 1996

July 16, 1996

51

ATTACHMENT by defendants to statement of undisputed material facts pursuant to General Rule 12(m) (Exhibitis) (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

July 16, 1996

July 16, 1996

45

LETTER from Mollica to Mr. Cunningham dated 07/22/96 (eav) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

46

NOTICE by plaintiff's attorney Paul W. Mollica of change of address (eav) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

52

MOTION by plaintiffs for partial summary judgment ; Notice of motion (eav) (Entered: 08/13/1996)

Aug. 7, 1996

Aug. 7, 1996

53

BRIEF IN RESPONSE by plaintiff to defendants' motion for summary judgment and [47−1] in support of plaintiff class's cross−motion for partial summary judgment [52−1] (eav) (Entered: 08/13/1996)

Aug. 7, 1996

Aug. 7, 1996

54

RESPONSE by plaintiff to defendants' Rule 12(M) statement and with, plaintiffs' Rule 12(N) (eav) (Entered: 08/13/1996)

Aug. 7, 1996

Aug. 7, 1996

54

RULE 12(N) Statement by plaintiff, with RESPONSE (eav) (Entered: 08/13/1996)

Aug. 7, 1996

Aug. 7, 1996

55

RULE 12(M) Statement by plaintiff (eav) (Entered: 08/13/1996)

Aug. 7, 1996

Aug. 7, 1996

56

APPENDIX to plaintiffs Local Rule 12(m) statement [55−1] (eav) (Entered: 08/13/1996)

Aug. 7, 1996

Aug. 7, 1996

57

MOTION by defendants for extension of time for filing response/reply memorandum ; Notice of motion (eav) (Entered: 08/13/1996)

Aug. 8, 1996

Aug. 8, 1996

58

MINUTE ORDER of 8/12/96 by Hon. James H. Alesia : Defendants motion for extension of time for filing response/reply memorandum is granted; [57−1] defendant's reply to its motion for summary judgment [47−1] is extended to 09/04/96. Mailed notice (eav) (Entered: 08/13/1996)

Aug. 12, 1996

Aug. 12, 1996

59

FINAL JOINT PRE−TRIAL ORDER (Attachments) (eav) (Entered: 08/13/1996)

Aug. 12, 1996

Aug. 12, 1996

60

MINUTE ORDER of 8/12/96 by Hon. James H. Alesia : Plaintiffs' motion for partial summary judgment. Answer brief to motion due 09/04/96. [52−1] Reply to answer brief due 09/11/96. Enter final joint pretrial order. Mailed notice (eav) (Entered: 08/13/1996)

Aug. 12, 1996

Aug. 12, 1996

61

LETTER from Joseph J. Trinka to Sir dated 08/27/96 (eav) (Entered: 09/05/1996)

Sept. 3, 1996

Sept. 3, 1996

62

REPLY by defendants memorandum in support of motion for summary judgment [49−1], with response (eav) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

62

RESPONSE by defendants to plaintiffs' cross−motion, with reply memorandum (eav) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

63

LOCAL RULE 12(n) RESPONSE by defendants to plaintiffs' Local Rule 12(m) statement (eav) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

64

RESPONSE by defendants to plaintiffs' statement of facts pursuant to Rule 12(n) (Attachments) (eav) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

65

REPLY by plaintiff in support of its cross−motion for summary judgment (Attachments); Notice of filing (eav) (Entered: 09/12/1996)

Sept. 11, 1996

Sept. 11, 1996

66

LETTER from James A. Piper to Clerk dated 09/09/96 (eav) (Entered: 09/20/1996)

Sept. 17, 1996

Sept. 17, 1996

67

STATEMENT by plaintiff concerning opt−outs (Attachments) (ar) (Entered: 11/04/1996)

Nov. 1, 1996

Nov. 1, 1996

68

MEMORANDUM, OPINION, AND ORDER (eav) (Entered: 02/10/1997)

Feb. 7, 1997

Feb. 7, 1997

69

MINUTE ORDER of 2/7/97 by Hon. James H. Alesia : Enter memorandum opinion and order. The court grants defendants' motion for summary judgment; [47−1] denies plaintiffs' motion for partial summary judgment; and [52−1] enters judgment in favor of defendants and against plaintiffs on all counts. Case closed. terminating case Mailed notice (eav) (Entered: 02/10/1997)

Feb. 7, 1997

Feb. 7, 1997

70

ENTERED JUDGMENT (eav) (Entered: 02/10/1997)

Feb. 7, 1997

Feb. 7, 1997

71

NOTICE OF APPEAL by plaintiff from motion minute order [69−2], from order [68−1], from judgment entered [70−1] ( $105.00 PAID); Notice of

March 5, 1997

March 5, 1997

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce) (Entered: 03/06/1997)

March 6, 1997

March 6, 1997

73

MEMORANDUM by defendants in support of defendants' bill of costs (Attachment) (fce) (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

75

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97−1502 (Attachment) (ar) (Entered: 03/13/1997)

March 10, 1997

March 10, 1997

74

SEVENTH CIRCUIT transcript information sheet by plaintiff (eav) (Entered: 03/13/1997)

March 12, 1997

March 12, 1997

TRANSMITTED to the 7th Circuit the long record on appeal no. 97−1502 consisting of one volume of pleadings, five volumes of loose pleadings (Item Nos. 32, 50, 51, 56 &60/59) and certificates. Mailed notice to all counsel. (fce) (Entered: 03/19/1997)

March 19, 1997

March 19, 1997

76

MINUTE ORDER of 3/26/97 by Hon. James H. Alesia : The Clerk is directed to file defendants' Bill of Costs taxing costs in the sum of $1,919.00. Mailed notice (eav) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

77

BILL OF COSTS submitted (eav) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

COSTS taxed for defendants in the amount of $1,919.00 against plaintiff (Attachments) (eav) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

78

MOTION by plaintiff for Rule 60(b) relief from judgment and for entry of order preliminarily approving settlement agreement and ordering notice of proposed class action settlement ; Notice of motion (hp) (Entered: 05/06/1998)

April 15, 1998

April 15, 1998

79

SETTLEMENT AGREEMENT by parties (Exhibits) (hp) (Entered: 05/06/1998)

April 15, 1998

April 15, 1998

80

REFERRAL ORDER of 05/06/98: Case referred to Hon. Edward A. Bobrick. To conduct hearings and enter appropriate orders on the following pretrial motion/matter: Conduct necessary proceedings and issue report and recommendation on dispositive motion specified below (e.g., motion for injunction, for Social Security review, for class certification, to set aside judgment). Exceptions or additions: Plaintiff's motion for Rule 60(b) relief from judgment and for entry of order preliminarily approving settlement agreement and ordering notice of proposed class action settlement, and conduct the Fairness Hearing. (For further detail see order.) Mailed notice (hp) (Entered: 05/08/1998)

May 7, 1998

May 7, 1998

SCHEDULE set on 5/27/98 by Hon. Edward A. Bobrick : Status hearing set before Magistrate Judge Bobrick in Courtroom 1812 for 10:00 6/8/98 . Mailed notice (tmh) (Entered: 05/27/1998)

May 27, 1998

May 27, 1998

81

ORDER regarding motion for entry of order preliminarily approving settlement agreement [78−2] ordering notice of proposed class action settlement [78−3] (Attachment) (hp) (Entered: 06/10/1998)

June 8, 1998

June 8, 1998

82

MINUTE ORDER of 6/8/98 by Hon. Edward A. Bobrick : Status hearing held. Plaintiff's Rule 60(b) motion for relief from judgment is entered and continued. [78−1] Plaintiff's motion for entry of order preliminarily approving settlement agreement is granted. [78−2] [78−3] Enter order. Fairness hearing set for 08/10/98 at 2:00 p.m. Mailed notice (hp) (Entered: 06/10/1998)

June 8, 1998

June 8, 1998

SCHEDULE set on 8/10/98 by Hon. Edward A. Bobrick : Status hearing/Fairness hearing held. Detailed Order to Follow. Mailed notice (tmh) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

83

REPORT AND RECOMMENDATION of Magistrate Judge Edward A. Bobrick concerning motion for Rule 60(b) relief from judgment [78−1] (hp) (Entered: 09/08/1998)

Sept. 3, 1998

Sept. 3, 1998

85

MINUTE ORDER of 9/8/98 by Hon. James H. Alesia : The parties are hereby advised that the court is inclined to grant the relief sought in plaintiffs' Rule 60(b) motion. [78−1] See Cir. Ct. R. 57. Mailed notice (hp) (Entered: 09/09/1998)

Sept. 8, 1998

Sept. 8, 1998

86

COPY of Order dated 09/21/98 from the 7th Circuit. It is ordered that the motin is granted. In light of the district court's indication that it is inclined to grant relief pursuant to Fed. R. Civ. P. 60(b), this appeal is remanded pursuant to Circuit Rule 57. The parties are reminded that "[a]ny party dissatisfied with the judgment as modified must file a fresh notice of appeal." Cir. R. 37. ?The mandate shall issue forthwith. (97−1502). (For further detail see order.) (hp) (Entered: 09/24/1998)

Sept. 23, 1998

Sept. 23, 1998

87

LETTER from the 7th Circuit returning the record on appeal no. 97−1502 consisting of 1 vol. pleadings &5 loose pleadings. (tlm) (Entered: 10/15/1998)

Oct. 14, 1998

Oct. 14, 1998

88

CERTIFIED COPY of order from the 97−1502 Circuit: Upon consideration fotheunopposed motino for remand, filed on 09/15/98, by counsel for appellant, It is ordered that the motion is granted. In light of the district court's indication that it is inclined to grant relief pursuant to Fed. R. Civ.P. 60(b), this appeal is Remanded pursuant to Curcuit Rule 57. The parties are reminded that "[a]ny party dissatified with the judgment as modified must file a fresh notice of appeal". Cir. R. 57. The mandate shall issue forthwith. [Appeal [71−1] . ( 97−1502) (tlm) (Entered: 10/15/1998)

Oct. 14, 1998

Oct. 14, 1998

89

MINUTE ORDER of 10/20/98 by Hon. James H. Alesia : For the reasons set forth on the reverse side of this order, the couret adopts in its entirety the report and recommendation of Magistrate Judge Edward Bobrick dated 09/03/98. Accordingly, the court (1) grants plaintiff's motion for relief from the judgment pursuant to Federal Rule of Civil Procedure 60(b) [78−1] and (2) finds that the proposed class settlement if fair, reasonable, and adequate and, thus approves its terms. This case is dismissed with prejudice. (See reverse of minute order.) Mailed notice (hp) (Entered: 10/21/1998)

Oct. 20, 1998

Oct. 20, 1998

90

UNOPPOSED PETITION by plaintiff for attorneys' fees (Exhibits); Notice of motion (hp) (Entered: 12/16/1998)

Dec. 10, 1998

Dec. 10, 1998

91

MINUTE ORDER of 12/15/98 by Hon. James H. Alesia : Plaintiff's unopposed petition for attorneys' fees is granted; [90−1] plaintiff is awarded attorneys' fees in the amount of $11,000.00. Mailed notice (hp) (Entered: 12/16/1998)

Dec. 15, 1998

Dec. 15, 1998

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 19, 1995

Closing Date: Oct. 20, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All employees terminated in 1993 from Linvatec's Chicago facility who were eligible for benefits under both the severance and early retirement packages.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bristol-Meyers Squibb (New York), Private Entity/Person

Linvatec Corp. (Largo), Private Entity/Person

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

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Retaliation

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination