Case: Abrams v. General Electric

Abrams v. General Electric Company

Abrams v. General Electric Company

Abrams v. General Electric Company

Abrams v. General Electric Company

Abrams v. General Electric Company

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 25167 ; Service deadline 2/5/96 for General Electric (wbl) (Entered: 12/08/1995)

SUMMONS(ES) issued for General Electric (wbl) (Entered: 12/08/1995)

Filing Order Issued; Conference set before Magistrate Judge Ralph W. Smith in Albany, Status Conference at 10:00 4/3/96 , Deadline for filing Case Management Plan, 3/20/96 (wbl) (Entered: 12/08/1995)

STIPULATION/ORDER, Answer deadline is extended to 1/23/96 for General Electric ( signed by Magistrate Judge Ralph W. Smith, 1/12/96 ) (fce) (Entered: 01/18/1996)

ANSWER to Complaint by General Electric (Attorney, Richard C. Heffern ), (fce) (Entered: 01/25/1996)

Proposed Joint Civil Case Management Plan Submitted. (fce) (Entered: 03/25/1996)

Minute entry: Court Reporter/ECRO: none; Rule 16 Conf held; dates set, order to be mailed to all counsel. (rzh) (Entered: 04/08/1996)

Uniform Pretrial Order; Trial Ready by: 7/1/97; Length of Trial 10 days; Trial Location: Albany; Joining of Parties Deadline 7/1/96 ; Amending of Pleadings Deadline 1/3/97 ; Discovery Deadline 2/1/97 ; Motion Filing Deadline 5/1/97 ; Jury Trial Deadline 9:30 7/28/97 ; ( Signed by: Magistrate Judge Ralph W. Smith ) (rzh) (Entered: 04/08/1996)

LETTER dated 4/19/96 of Joseph M. Gaug, Esq., on behalf of D. Drew Abrams, Thomas W. Loucks pursuant to General Order #41 regarding Motion: for Class Certification and/or for

MOTION by D. Drew Abrams, Thomas W. Loucks to Certify Class , Hearing set for 10:00 AM on 10/24/96; Motion returnable before Judge: Scullin (jmb) (Entered: 10/10/1996)

MOTION by D. Drew Abrams, Thomas W. Loucks to Compel deft. to turn over the names &addresses of all potential opt−in plaintiffs , Hearing set for 9:30 AM 9/5/96, Response Deadline 8/24/96, Motion returnable before Mag/Judge: Ralph W. Smith (jmb) Modified on 10/10/1996 (Entered: 08/23/1996)

AFFIDAVIT by D. Drew Abrams in support of: [9−1] motion to Certify Class and to compel deft. to turn over the names and addresses of all potential opt−in plaintiffs (jmb) (Entered: 08/23/1996)

AFFIDAVIT by Thomas W. Loucks in support of: [9−1] motion to Certify Class and to compel deft. to turn over the names and addresses of all potential opt−in plaintiffs (jmb) (Entered: 08/23/1996)

AFFIDAVIT of Joseph M. Gaug, Esq., on behalf of D. Drew Abrams, Thomas W. Loucks in support of: [9−1] motion to Certify Class and to compel deft. to turn over names and addresses of all potential opt−in plaintiffs (jmb) (Entered: 08/23/1996)

MEMORANDUM OF LAW by D. Drew Abrams, Thomas W. Loucks in support of [9−1] motion to Certify Class and to compel deft. to over the names and addresses of all potential opt−in plaintiffs (jmb) (Entered: 08/23/1996)

NOTICE/LETTER BRIEF: dated 3/21/96 of Richard C. Heffern, Esq., on behalf of General Electric; Re: proposed case management scheduling dates. (Filed per request of Chambers, JGP) (jmb) (Entered: 09/03/1996)

NOTICE/LETTER BRIEF: dated 8/16/96 of Joseph M. Gaug, Esq., on behalf of D. Drew Abrams, Thomas W. Loucks; Re: Opposition to the pending motion for consolidation of the two related actions and for an extension of time; and in further support of Motion to Certify the class. (Filed per Chambers, JGP) (jmb) (Entered: 09/03/1996)

Scheduling Notice:, Motion to Compel is separated and is before Mag/Judge Smith on Submit; and the Motion Hearing is reset for 10:00 AM on 10/24/96 re: [9−1] motion to Certify Class , and Response to Motion reset to 9/30/96 for [9−1] motion to Certify Class , and Reply to Response to Motion reset to 10/12/96 for [9−1] motion to Certify Class (Signed by Law Clerk: John G. Powers) (jmb) (Entered: 09/06/1996)

RESPONSE AFFIDAVIT by Robert Michael Powers for General Electric Re: in opposition to [9−1] motion to Certify Class and to compel deft. to turn over the names and addresses of all potential opt−in plaintiffs (fce) (Entered: 09/06/1996)

MEMORANDUM OF LAW by General Electric in opposition to [9−1] motion to Certify Class and to compel deft. to turn over the names and addresses of all potential opt−in plaintiffs (fce) (Entered: 09/06/1996)

REPLY by D. Drew Abrams, Thomas W. Loucks to response to [9−1] motion to Certify Class and to compel deft. to turn over the names and addresses of all potential opt−in plaintiffs (fce) (Entered: 09/26/1996)

ORDER granting [9−1] motion to Compel deft. to turn over the names and addresses of all potential opt−in plaintiffs, deft. is directed to furnish to plaintiffs' counsel the names and addresses of all potential plaintiffs to this action w/in 15 days of the date of this Order , the court approves the "notice of pendency of action" and "consent to join" forms attached as Appendixes "A" and "B" , plaintiffs' counsel is authorized to mail copies of these approved forms to each of the potential plaintiffs to this action ( signed by Magistrate Judge Ralph W. Smith, 9/24/96) (fce) Modified on 10/07/1996 (Entered: 09/26/1996)

RESPONSE AFFIDAVIT: by General Electric through Jane Field, Manager for Finance &Information Management Operations in opposition to [9−1] motion to Certify Class (jmb) (Entered: 10/10/1996)

RESPONSE AFFIDAVIT: by General Electric through Robert Michael Powers, Manager of Human Resources in opposition to [9−1] motion to Certify Class (jmb) (Entered: 10/10/1996)

RESPONSE AFFIDAVIT: by General Electric through Douglas J. Baker, Manager of Human Resources (Heartland Great Lakes) in opposition to [9−1] motion to Certify Class (jmb) (Entered: 10/10/1996)

MEMORANDUM OF LAW by General Electric in opposition to [9−1] motion to Certify Class (jmb) (Entered: 10/10/1996)

RESPONSE AFFIDAVIT: by General Electric through Amy J. Beech, Esq., in opposition to [9−1] motion to Certify Class w/attached exhibits marked A through N. (jmb) (Entered: 10/10/1996)

REPLY AFFIDAVIT: of Joseph M. Gaug, Esq., on behalf of D. Drew Abrams, Thomas W. Loucks to response to [9−1] motion to Certify Class; w/attached exhibits marked A through I. (jmb) (Entered: 10/17/1996)

REPLY BRIEF: by D. Drew Abrams, Thomas W. Loucks to response and in further support of [9−1] motion to Certify Class (jmb) (Entered: 10/17/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF filed by Frank E. Walters (fce) (Entered: 10/22/1996)

Scheduling Notice by Court: [9−1] motion to Certify Class taken on Submit. (Signed by LC: John G. Powers) [Served] (jmb) (Entered: 10/25/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by D. Drew Abrams (fce) (Entered: 10/22/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Warren P. Decker (fce) (Entered: 10/22/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Michael J. Favata (fce) (Entered: 10/22/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Harvey W. Howd (fce) (Entered: 10/22/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Theodora A. Morgan (fce) (Entered: 10/23/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Robert William Butler (fce) (Entered: 10/23/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Thomas W. Loucks (fce) (Entered: 10/23/1996)

Minute entry: [9−1] motion to Certify Class on submit. LC: JGP; Court Reporter/ECRO: Theresa Berical (bjw) (Entered: 10/30/1996)

SUR−REPLY MEMORANDUM OF LAW by General Electric in opposition to [9−1] motion to Certify Class (fce) (Entered: 10/25/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Sandra A. DeCerce (fce) (Entered: 10/25/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by John F. Snyder (fce) (Entered: 10/25/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Daniel P. Murray (fce) (Entered: 10/25/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Elizabeth M. Whalen (fce) (Entered: 10/25/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Ray C. Henderson (fce) (Entered: 10/29/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Robert A. Chiocchio (fce) (Entered: 10/29/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Gary L. Horn (fce) (Entered: 10/29/1996)

CONSENT TO JOIN AS PARTY PLAINTIFF IN CLASS ACTION by William D. Sheahan (fce) (Entered: 10/29/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN A CLASS ACTION by Joseph A. Tinning (fce) (Entered: 10/30/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Ronald M. Surdyka (fce) (Entered: 11/01/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Ronald J. Johnson (fce) (Entered: 11/01/1996)

MEMORANDUM DECISION &ORDER: granting [9−1] motion to Certify Class, therefore the pltfs' are certifed to proceed with their ADEA claim as a collective action under 29 USC 216(b). (Signed by Judge Frederick J. Scullin Jr.) (jmb) (Entered: 11/04/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Diana R. Kieduk (fce) (Entered: 11/04/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Richard Lyle Pasley (fce) (Entered: 11/04/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by John B. Hughes (fce) (Entered: 11/04/1996)

CONSENT TO JOIN AS PARTY PLAINTIFF IN CLASS ACTION by Craig W. Sheyou (fce) (Entered: 11/04/1996)

DEFENDANT'S RESPONSE TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS (fce) (Entered: 11/05/1996)

ANSWER/Objections to First Set of Interrogatories filed by General Electric (fce) (Entered: 11/05/1996)

LETTER from Joseph M. Gaug to Judge Smith dated 11/1/96 RE: plaintiffs' request for a conference with appearances before the Court to discuss defendant's objections to discovery demands (fce) (Entered: 11/05/1996)

AFFIDAVIT by Joseph M. Gaug on behalf of plaintiffs Re: in support of request for discovery conference (fce) (Entered: 11/05/1996)

Court's SCHEDULING NOTICE/ORDER, set Telephone Discovery Conference for 4:30 11/15/96 before Judge Smith in Albany ; Joseph M. Gaug is directed to make arrangements for this conference call; ( signed by Magistrate Judge Ralph W. Smith, 11/4/96) (fce) (Entered: 11/05/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Ernest J. Bonner (fce) (Entered: 11/05/1996)

LETTER from Joseph M. Gaug to Judge Smith dated 11/5/96 Re: confirming that the telephone conference scheduled for 11/15/96 is adjourned until 11/18/96 at 4:30 (fce) (Entered: 11/06/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Susan J. Chadbourne (fce) (Entered: 11/06/1996)

Deadline updated; reset Telephone Conference for 4:30 11/18/96 before Judge Smith in Albany (fce) (Entered: 11/06/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Karen L. Polukort (fce) (Entered: 11/07/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by I. Thomas Taylor (fce) (Entered: 11/07/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Kenneth W. Emery (fce) (Entered: 11/08/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Robert E. Laterreur (fce) (Entered: 11/13/1996)

CONSENT TO JOIN AS PARTY PLAINTIFF IN CLASS ACTION by Carmen Laporta (fce) (Entered: 11/13/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Patrick C. Manti (fce) (Entered: 11/14/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by James L. Wasmund (fce) (Entered: 11/14/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Ali Atoui (fce) (Entered: 11/15/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Joseph F. Kulkus (fce) (Entered: 11/15/1996)

Tele−discovery conference held (fce) (Entered: 11/20/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Bruce A. Heddesheimer (fce) (Entered: 11/20/1996)

LETTER from Amy J. Beech to Judge Smith dated 11/18/96 Re: defendant's response to plaintiffs' appendix (fce) (Entered: 11/20/1996)

Minute entry: Telephone Discovery Conference held 11/18/96; Appearances: Atty. Gaug for plaintiffs, Attys Beech and Williams for Defendant; Discovery issues discussed (fce) (Entered: 11/20/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Wendy S. LeFebvre (fce) (Entered: 11/21/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Gwendolyn Love (fce) (Entered: 11/22/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by Anthony M. Campana, Richard H. Paczkowski, and Mattia Marzio (fce) (Entered: 11/27/1996)

CONSENT TO JOIN AS A PARTY PLAINTIFF IN CLASS ACTION by John F. Lindenmuth, Richard J. Coffin, Charles K. Meyers, Ivan William Proctor Jr., and Gary H. Hankin (fce) (Entered: 12/03/1996)

LETTER BRIEF by Joseph M. Gaug to Judge Smith dated 11/25/96 Re: remaining discovery disputes (fce) (Entered: 12/19/1996)

LETTER BRIEF by Amy J. Beech to Judge Smith dated 12/5/96 Re: response to plaintiffs' letter brief of 11/25/96 (fce) (Entered: 12/19/1996)

ORDER, to require that defendant promptly respond with an address as to any name suggested by plaintiffs as either omitted from or improperly included in the list provided , any plaintiff omitted from the list of potential plaintiffs will be permitted to "opt in" within a reasonable time despite the deadline of 12/2/96 , defendant is to response to outstanding discovery demands by 1/31/97 , defendant is directed to respond to Interrogatory No. 9 by 1/31/97 , defendant NEED NOT respond to Interrogatories Nos. 27, 28, and 29 , defendant is directed to provide responsive documents to Production fo Documents Requests Nos. 19, 24, 26, 31, and 31 by 12/31/96 , defendant must provide information requested in Request No. 16 by 1/31/97 , defendants must respond to Request No. 17 by providing those documents which are applicable and as to any documents for which it claims attorney−client privilege it is to specifically claim the privilege as to each , defendant is to produce documents pertaining to Request No. 18 citing any specific privilege and the basis therefor , defendant is to respond to Interrogatories Nos. 22 and 29 with documents and/or specific invocations of privilege ( signed by Magistrate Judge Ralph W. Smith, 12/20/96) (fce) (Entered: 12/23/1996)

MOTION by General Electric for Beverly A. Williams to Appear Pro Hac Vice Motion returnable before Judge/Mag. Judge: Smith (wbl) (Entered: 01/07/1997)

AFFIDAVIT of Amy J. Beech by General Electric in support of Re: [86−1] motion for Beverly A. Williams to Appear Pro Hac Vice (wbl) (Entered: 01/07/1997)

APPEAL OF MAGISTRATE DECISION: to District Court Scullin; Deft. General Electric is appealing USMJ Ralph W. Smith, Jr's., order entered on December 20, 1996 regarding discovery and production of documents, ect., (Signed by Ronald M. Green, Esq.) (jmb) (Entered: 01/08/1997)

AFFIDAVIT of Amy J. Beech, Esq., on behalf of General Electric; in support of: [89−1] Appeal of Magistrate Judge Smith's 12/20/96 Decision. (jmb) (Entered: 01/08/1997)

MEMORANDUM OF LAW: by General Electric in support of [89−1] Appeal of Magistrate Decision (jmb) (Entered: 01/08/1997)

ORDER granting [86−1] motion for Beverly A. Williams to Appear Pro Hac Vice ( signed by Magistrate Judge Ralph W. Smith ) (wbl) (Entered: 01/09/1997)

MEMORANDUM by General Electric in support of Objections to rulings in the [85−1] order to require that defendant promptly respond with an address as to any name suggested by plaintiffs as either omitted from or improperly included in the list provided (tab) (Entered: 01/10/1997)

RESPONSE AFFIDAVIT: by Joseph M. Gaug, Esq., on behalf of all plaintifffs' in opposition to [89−1] Magistrate appeal; w/attached exhibits marked A through E. (jmb) (Entered: 01/21/1997)

MEMORANDUM OF LAW: by Joseph M. Gaug, Esq., on behalf of all plaintiffs' in opposition to [89−1] Magistrate appeal (jmb) (Entered: 01/21/1997)

LETTER MOTION dated 1/8/97 by Joseph M. Gaug for D. Drew Abrams, Thomas W. Loucks and other class action plaintiffs to Include Eight Named Individuals as Plaintiffs Motion returnable before Judge/Mag. Judge: Smith (fce) (Entered: 01/27/1997)

LETTER RESPONSE dated 1/17/97 by Amy J. Beech for General Electric in opposition to [96−1] motion to Include Eight Named Individuals as Plaintiffs (fce) (Entered: 01/27/1997)

ORDER granting [96−1] motion to Include Eight Named Individuals (who worked for the Power Systems located in Schenectady Division but who worked elswhere) as Plaintiffs ( signed by Magistrate Judge Ralph W. Smith, 1/24/97) (fce) (Entered: 01/27/1997)

REPLY BRIEF: by General Electric to response to and further support of [96−1] motion to Include Eight Named Individuals as Plaintiffs (jmb) (Entered: 01/30/1997)

APPEAL OF MAGISTRATE DECISION: to District Court Judge Scullin; Deft. General Electric is appealing USMJ Ralph W. Smith, Jr's., order entered on January 24, 1997 (Signed by Ronald M. Green, Esq) (jmb) (Entered: 02/12/1997)

AFFIDAVIT of Beverly A. Williams, Esq., on behalf of General Electric in support of: [100−1] Appeal of Magistrate Judge Smith's 1/24/97 decision. (jmb) (Entered: 02/12/1997)