Case: Hodczak v. Latrobe Specialty Steel Company

2:08-cv-00649 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 13, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On May 13, 2008, the plaintiffs filed this lawsuit in the Western District of Pennsylvania against Latrobe Specialty Steel Company. The plaintiffs, represented by private counsel, sought injunctive relief and damages on behalf of themselves and others similarly situated claiming that Latrobe violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621. The plaintiffs alleged that Latrobe engaged in practices that discriminated against its older work force in conducting termination…

On May 13, 2008, the plaintiffs filed this lawsuit in the Western District of Pennsylvania against Latrobe Specialty Steel Company. The plaintiffs, represented by private counsel, sought injunctive relief and damages on behalf of themselves and others similarly situated claiming that Latrobe violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621.

The plaintiffs alleged that Latrobe engaged in practices that discriminated against its older work force in conducting terminations and forced retirements over an extended period time. The four plaintiffs named in the complaint are all over the age of fifty and had worked at Latrobe for a number of years. They were all terminated after sending and receiving inappropriate material on their Latrobe email accounts, and were replaced by younger employees. The plaintiffs claimed that they suffered disparate treatment under the ADEA in that Latrobe's stated justifications for terminating the plaintiffs were a pretext for willful age discrimination, as well as disparate impact under the ADEA, because Latrobe favored younger employees and targeted older ones in deciding who would be terminated following the discovery of the emails. The plaintiffs voluntarily dismissed the second claim regarding disparate impact on June 17, 2008.

The court denied the defendant's motions for summary judgment on March 31, 2009, and April 23, 2009. The court then granted the defendant's motions to exclude any claims under the ADEA that accrued before May 17, 2007.

Latrobe contended that it was entitled to summary judgment because the plaintiffs were unable to show any evidence that age was a determinative factor in its decision to terminate their employment. Latrobe conceded that the plaintiffs established a prima facie case of discrimination, but maintained that their decision to terminate the plaintiffs was based on their violations of Latrobe policy. The court found that the plaintiffs failed to demonstrate that "but for" their ages, Latrobe would not have terminated their employment for sending sexually explicit and pornographic emails. Additionally, the plaintiffs admitted that they sent the emails and could not dispute that doing so violated Latrobe's policies.

On December 29, 2010, the Court granted the defendant's motion for summary judgment was granted and dismissed the collective action claims. 761 F.Supp.2d 261 (W.D. Penn. 2010). The plaintiffs appealed this order.

The Court of Appeals for the Third Circuit affirmed the Western District of Pennsylvania's holding on November 17, 2011. The Third Circuit held that a reasonable jury could not find that the plaintiffs would not have been fired but for their ages. Additionally, given the conduct in which the plaintiffs engaged and the lack of sufficient evidence suggesting an atmosphere of age discrimination at Latrobe, there was no basis for a finding that Latrobe's proffered rationale was a pretext for age discrimination. 451 F. App'x 238 (3d Cir. 2011). The plaintiffs were subsequently taxed $21,863.88 in favor of the defendant.

Summary Authors

Anna Jones (10/25/2015)

Carol Chen (7/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4932667/parties/hodczak-v-latrobe-specialty-steel-company/


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Documents in the Clearinghouse

Document

2:08-cv-00649

Docket [PACER]

Sept. 26, 2012

Sept. 26, 2012

Docket
645

2:08-cv-00649

Collective Action Complaint

May 13, 2008

May 13, 2008

Complaint
10

2:08-cv-00649

Defendant's Brief in Support of Partial Motion to Dismiss

June 4, 2008

June 4, 2008

Pleading / Motion / Brief

2008 WL 2977026

9

2:08-cv-00649

Defendant's Partial Motion to Dismiss

June 4, 2008

June 4, 2008

Pleading / Motion / Brief
14

2:08-cv-00649

Plaintiffs' Motion to Voluntarily Dismiss Count II of Plaintiffs' Complaint

June 16, 2008

June 16, 2008

Pleading / Motion / Brief
15

2:08-cv-00649

Defendant's Motion for Summary Judgment on All Collective Action Claims

Hodzak v. Latrobe Specialty Steel Company

June 30, 2008

June 30, 2008

Pleading / Motion / Brief

2008 WL 4524448

57

2:08-cv-00649

Report and Recommendation

Jan. 23, 2009

Jan. 23, 2009

Magistrate Report/Recommendation
64

2:08-cv-00649

Report and Recommendation

March 9, 2009

March 9, 2009

Magistrate Report/Recommendation
67

2:08-cv-00649

Order

March 31, 2009

March 31, 2009

Order/Opinion

2009 WL 911224

68

2:08-cv-00649

Order

March 31, 2009

March 31, 2009

Order/Opinion

2009 WL 911311

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4932667/hodczak-v-latrobe-specialty-steel-company/

Last updated Sept. 17, 2025, 5:39 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against LATROBE SPECIALTY STEEL COMPANY ( Filing fee $ 350 receipt number 891699), filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (jsp) (Entered: 05/14/2008)

May 13, 2008

May 13, 2008

PACER

Summons Issued

May 13, 2008

May 13, 2008

PACER

Summons Issued as to LATROBE SPECIALTY STEEL COMPANY. (jsp)

May 13, 2008

May 13, 2008

PACER
2

NOTICE of Appearance by Thomas S. Giotto on behalf of LATROBE SPECIALTY STEEL COMPANY (Giotto, Thomas) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
3

NOTICE of Appearance by Joseph F. Quinn on behalf of LATROBE SPECIALTY STEEL COMPANY (Quinn, Joseph) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
4

NOTICE of Appearance by Jaime S. Tuite on behalf of LATROBE SPECIALTY STEEL COMPANY (Tuite, Jaime) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
5

SUMMONS/Return of Service Returned Executed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. LATROBE SPECIALTY STEEL COMPANY served on 5/15/2008, answer due 6/4/2008. (Fox, Bruce) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

PACER
6

NOTICE of Appearance by Bruce C. Fox on behalf of DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK (Fox, Bruce) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

PACER
7

Errata re 6 Notice of Appearance of Rudy A. Fabian, Esquire by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Reason for Correction: Filed Notice of Appearance Under Wrong Attorney Login. (Fabian, Rudy) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

PACER
8

ORDER OF RECUSAL. Judge Joy Flowers Conti recused. Signed by Judge Joy Flowers Conti on 5/19/08. (smc ) (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

PACER

Add and Terminate Judges

May 20, 2008

May 20, 2008

PACER

Judge Amy Reynolds Hay added. (mjl)

May 20, 2008

May 20, 2008

PACER
10

BRIEF in Support re 9 Partial Motion to Dismiss, filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) Modified text on 6/5/2008. (jsp) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
11

ANSWER to 1 Complaint by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
12

Disclosure Statement identifying None as corporate parent by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) Modified text re: corporate parent information on 6/5/2008. (jsp) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
9

PARTIAL MOTION to Dismiss re 1 Complaint by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A - EEOC Charge filed by Doug Hodczak, # 2 Exhibit B - EEOC Charged filed by James M. Crossan, # 3 Exhibit C - EEOC Charge Filed by Thomas J. Magdic, # 4 Exhibit D - EEOC Charge Filed by Joseph A. Litvik, # 5 Proposed Order Granting Partial Motion to Dismiss) (Giotto, Thomas) Modified text and removed duplicative attachment description on 6/5/2008. (jsp) (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER

Order to Show Cause

June 4, 2008

June 4, 2008

PACER

ORDER that counsel of record has until 6/18/2008 to complete and file a consent to proceed before a magistrate judge form which is available on the court's website. Signed by Magistrate Judge Amy Reynolds Hay on 6/4/2008. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)

June 4, 2008

June 4, 2008

PACER
13

DISTRICT JUDGE OPTION by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK to have this case randomly assigned to a U.S. District Judge. (Fabian, Rudy) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
14

MOTION to Dismiss Count II of Plaintiffs' 1 Complaint (Voluntarily) by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motions referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Fox, Bruce) Modified on 6/17/2008 document linkage corrected. Documeent linked to document 1 . (ksa) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER

Judge Amy Reynolds Hay no longer assigned to case. (mjl)

June 16, 2008

June 16, 2008

PACER

Add and Terminate Judges

June 16, 2008

June 16, 2008

PACER

Judge Terrence F. McVerry and Amy Reynolds Hay added. (mjl)

June 16, 2008

June 16, 2008

PACER

Order on Motion to Dismiss

June 17, 2008

June 17, 2008

PACER

ORDER granting 14 Motion to Dismiss Count II of Plaintiffs' Complaint. Signed by Magistrate Judge Amy Reynolds Hay on 6/17/2008.Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)

June 17, 2008

June 17, 2008

PACER

Quality Control message - Document incorrectly linked

June 17, 2008

June 17, 2008

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 14 Motion to Dismiss. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)

June 17, 2008

June 17, 2008

PACER
15

MOTION for Summary Judgment on all Collective Action Claims by LATROBE SPECIALTY STEEL COMPANY. Motions referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
16

BRIEF in Support re 15 Motion for Summary Judgment on all Collective Action Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
17

CONCISE STATEMENT OF MATERIAL FACTS re 15 Motion for Summary Judgment, by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
18

Appendix to 15 Motion for Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
19

MOTION for Summary Judgment on all of Plaintiff Hodczak's Claims by LATROBE SPECIALTY STEEL COMPANY. Motions referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
20

BRIEF in Support re 19 Motion for Summary Judgment on all of Plaintiff Hodczak's Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
21

CONCISE STATEMENT OF MATERIAL FACTS re 19 Motion for Summary Judgment, by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
22

Appendix to 19 Motion for Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Giotto, Thomas) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
23

ORDER that plaintiffs shall file their Responses re 19 Motion for Summary Judgment, 15 Motion for Summary Judgment by 8/1/2008. Further that all responses shall comply with Local Rule 56.1. Signed by Magistrate Judge Amy Reynolds Hay on 7/1/2008. (dgg) (Entered: 07/01/2008)

July 1, 2008

July 1, 2008

PACER
24

BRIEF in Opposition re 19 Motion for Summary Judgment on All of Plaintiff Hodczak's Claims filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
25

BRIEF in Opposition re 15 Motion for Summary Judgment on All Collective Action Claims filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
26

COUNTER STATEMENT OF FACTS in Opposition to Defendant's 19 Motion for Summary Judgment on All of Plaintiff Hodczak's Claims 21 Concise Statement of Material Facts, by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) Modified on 8/4/2008. (jsp) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
27

COUNTER STATEMENT OF FACTS in Opposition to Defendant's 15 Motion for Summary Judgment on All Collective Action Claims 17 Concise Statement of Material Facts, by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) Modified on 8/4/2008. (jsp) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
28

Appendix to 25 Brief in Opposition to Motion, 26 Counter Statement of Facts, 27 Counter Statement of Facts, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Fox, Bruce) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
29

MOTION for Extension of Time to File Class Certification Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachment: # 1 Proposed Order) (Fox, Bruce) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

PACER
30

Errata re 22 Appendix to Motion for Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. Reason for Correction: Information contained in certain documents attached needed to be redacted. (Attachments: # 1 Exhibit A - Affidavit S Lawton, # 2 Exhibit B - Affidavit of M Weberding, # 3 Exhibit C - Affidavit of C Stroud) (Quinn, Joseph) Error: Document removed from public view as filer and signature do not match. Modified on 8/12/2008. (jsp) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER
31

ORDER granting 29 Plaintiffs' Motion for Extension of Time to File Class Certification Motion. Further that the period for Plaintiffs to file said certification motion is extended indefinitely beyond the 90-day period set forth in W.D.Pa LR 23.1, pending further order of this Court. Signed by Magistrate Judge Amy Reynolds Hay on 8/11/2008. (dgg) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
32

MOTION for Leave to File Reply Briefs by LATROBE SPECIALTY STEEL COMPANY. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A - Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit B - Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment as to Plaintiff Hodczak, # 3 Proposed Order Granting Motion for Leave to File) (Giotto, Thomas) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER

Quality Control message - No signature s/

Aug. 12, 2008

Aug. 12, 2008

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 30 Errata, ERROR: Signature on document (Giotto) and filer (Quinn) do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event.Filer should link the Errata to Document 30 . This message is for informational purposes only. (jsp)

Aug. 12, 2008

Aug. 12, 2008

PACER
33

ORDER granting 32 Defendant Latrobe Specialty Steel Company's Motion for Leave to File Reply Briefs in Support of its Motions for Summary Judgment and for other good cause shown and the Briefs attached as Exhibit A and Exhibit B to said Motion are hereby deemed filed. Signed by Magistrate Judge Amy Reynolds Hay on 8/13/2008. (dgg) Modified on 8/14/2008. (jsp, ) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

PACER
34

NOTICE of Appearance by Erin J. McLaughlin on behalf of LATROBE SPECIALTY STEEL COMPANY (McLaughlin, Erin) (Entered: 08/13/2008)

Aug. 13, 2008

Aug. 13, 2008

PACER
35

REPLY BRIEF by LATROBE SPECIALTY STEEL COMPANY re 25 Brief in Opposition to Motion filed by LATROBE SPECIALTY STEEL COMPANY. (jsp) (Entered: 08/15/2008)

Aug. 15, 2008

Aug. 15, 2008

PACER
36

REPLY BRIEF re 24 Brief in Opposition to Motion filed by LATROBE SPECIALTY STEEL COMPANY. (jsp) Text modified on 8/18/2008. (ept) (Entered: 08/15/2008)

Aug. 15, 2008

Aug. 15, 2008

PACER
37

RESPONSE to Plaintiff's Statement of Facts Regarding Collection Action Claims to 27 Counter Statement of Facts, filed by LATROBE SPECIALTY STEEL COMPANY. (Quinn, Joseph) (Entered: 08/15/2008)

Aug. 15, 2008

Aug. 15, 2008

PACER
38

RESPONSE to Plaintiffs' Statement of Facts Regarding All of Plaintiff Hodczak's Claims to 26 Counter Statement of Facts, filed by LATROBE SPECIALTY STEEL COMPANY. (Quinn, Joseph) (Entered: 08/15/2008)

Aug. 15, 2008

Aug. 15, 2008

PACER
39

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (dgg) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
40

MOTION for Leave to File Sur-Reply Briefs by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) (Fabian, Rudy) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
41

MOTION to Dismiss or Continue re 19 Motion for Summary Judgment by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Fabian, Rudy) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
42

MOTION to Dismiss or Continue re 15 Motion for Summary Judgment by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Fabian, Rudy) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER
43

MOTION for Leave to Supplement the Record by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) (Fabian, Rudy) Modified on 8/29/2008. (jsp) (Entered: 08/28/2008)

Aug. 28, 2008

Aug. 28, 2008

PACER

Motion to Continue

Aug. 28, 2008

Aug. 28, 2008

PACER

w/ 41 MOTION to Continue by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (jsp)

Aug. 28, 2008

Aug. 28, 2008

PACER

w/ 42 MOTION to Continue by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (jsp)

Aug. 28, 2008

Aug. 28, 2008

PACER

Quality Control message - Multiple Relief Motion Filed as One Relief

Aug. 29, 2008

Aug. 29, 2008

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 41 Motion to Deny, 42 Motion to Deny, ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court docketed Motions to Continue. This message is for informational purposes only. (jsp)

Aug. 29, 2008

Aug. 29, 2008

PACER
44

ORDER that Defendant shall file Responses re 41 & 42 Motions to Deny or continue Defendant's Motion for Summary Judgment by 9/16/2008. Signed by Magistrate Judge Amy Reynolds Hay on 9/2/2008. (dgg) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

PACER
45

ORDER granting 40 Plaintiff's Motion for Leave to File sur-reply briefs and the briefs attached as Exhibit A and Exhibit B to said motion may be filed by Plaintiffs by 9/10/2008. Signed by Magistrate Judge Amy Reynolds Hay on 9/2/2008. (dgg) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

PACER
46

ORDER granting 43 Plaintiff's Motion for Leave to Supplement the Record and plaintiffs are to file three affidavits attached to the motion by 9/10/2008. Signed by Magistrate Judge Amy Reynolds Hay on 9/2/2008. (dgg) Modified on 9/4/2008. (jsp) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

PACER
47

Sur-Reply Brief in Opposition to Defendant's Motion for Summary Judgment on All of Hodczak's Claims 36 Reply to Response to Motion, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fabian, Rudy) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
48

Sur-Reply Brief in Opposition to Defendant's Motion for Summary Judgment on All of Collective Action Claims 35 Reply Brief, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fabian, Rudy) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
49

AFFIDAVIT re 25 Brief in Opposition to Motion, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Affiant: Douglas M. Hodczak. (Fabian, Rudy) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
50

AFFIDAVIT re 25 Brief in Opposition to Motion, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Affiant: Joseph A. Litvik. (Fabian, Rudy) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
51

AFFIDAVIT re 25 Brief in Opposition to Motion, 24 Brief in Opposition to Motion by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Affiant: Thomas J. Magdic. (Fabian, Rudy) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
52

MOTION for Leave to File Excess Pages for Oppositions to Plaintiffs' 41, 42 Motions to Continue or Deny Summary Judgment by LATROBE SPECIALTY STEEL COMPANY. Motion(s) referred to Amy Reynolds Hay. (Attachment: # 1 Proposed Order) (Giotto, Thomas) Modified on 9/15/2008. (jsp) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
53

ORDER granting 52 Motion for Leave to File Excess Pages for oppositions to Plaintiffs' Motions to Continue or Deny Summary Judgment and Defendant is permitted to file opposition briefs that are each six (6) pages in length or shorter. Signed by Magistrate Judge Amy Reynolds Hay on 9/15/2008. (dgg) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
54

BRIEF in Opposition re 41 Motion to Dismiss, w/ 41 Motion to Continue Summary Judgment as to Plaintiff Hodczak's Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) Modified on 9/17/2008. (jsp) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
55

BRIEF in Opposition re 42 Motion to Dismiss, w/ 42 Motion to Continue Motion on Collective Action Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Attachment: # 1 Exhibit A) (Giotto, Thomas) Modified on 9/17/2008. (jsp) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
56

REPORT of Rule 26(f) Planning Meeting. (Giotto, Thomas) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

PACER
57

REPORT AND RECOMMENDATION that Plaintiff's motion to deny summary judgment pursuant to Fed.R.Civ.P. 56(f) on all of Plaintiff Hodczak's claims 41 be granted; that defendant's motion for summary judgment on all of plaintiff Hodczak 39;s claims 19 , in fact, be denied; that defendant's motion for summaryjudgment on all collective action claims 15 be treated as a motion to dismiss and be granted; and that plaintiff's motion to deny defendant's motion for summary judgment pursuant to Rule 56(f) on all collective action claims 42 be denied. Objections to R&R due by 2/9/2009. Signed by Magistrate Judge Amy Reynolds Hay on 1/23/2009. (dgg)

Jan. 23, 2009

Jan. 23, 2009

RECAP
58

OBJECTIONS to 57 Report and Recommendation filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN. (Fox, Bruce) (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

RECAP
59

Errata re 57 Report and Recommendation, 58 Objections to Report and Recommendation by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Reason for Correction: Incorrectly Linked to Parties. (Fox, Bruce) (Entered: 02/10/2009)

Feb. 10, 2009

Feb. 10, 2009

RECAP
60

BRIEF in Opposition to 59 Errata, 58 Objections to Report and Recommendation, filed by LATROBE SPECIALTY STEEL COMPANY. (Giotto, Thomas) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

PACER
61

MOTION for Leave to File Reply Brief Objecting to Report and Recommendation by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Exhibit Reply Brief Objecting to Report and Recommendation, # 2 Proposed Order) (Fox, Bruce) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

PACER
62

ORDER granting 61 Motion for Leave to File reply brief objecting to Report and Recommendation. Plaintiff's reply brief is due within five days of the date of this order or by 3/2/2009. Signed by Magistrate Judge Amy Reynolds Hay on 2/25/2009. (dgg) (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
63

REPLY BRIEF by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK Objecting to 57 Report and Recommendation,, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fox, Bruce) Modified on 2/27/2009. (jsp) (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
64

REPORT AND RECOMMENDATION that plaintiffs' motion to deny summary judgment pursuant to Fed.R.Civ.P.56(f)on all collective action claims 15 be granted, and that defendant's motion for summary judgment on all collective action claims 42 , in fact, be denied. Objections to R&R due by 3/19/2009. Response to objections due 3/26/2009. Signed by Magistrate Judge Amy Reynolds Hay on 3/9/2009. (dgg)

March 9, 2009

March 9, 2009

RECAP

Order

March 9, 2009

March 9, 2009

PACER

ORDER that Part II.c.2. re 57 Report and Recommendation is VACATED. Signed by Magistrate Judge Amy Reynolds Hay on 3/9/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)

March 9, 2009

March 9, 2009

PACER
65

OBJECTIONS to 64 Report and Recommendation filed by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A Authoritative Opinion) (Giotto, Thomas) (Entered: 03/19/2009)

1 Exhibit A Authoritative Opinion

View on PACER

March 19, 2009

March 19, 2009

RECAP
66

RESPONSE to 65 Objections to Report and Recommendation, 64 Report and Recommendation, filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. (Fabian, Rudy) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
67

ORDER adopting as the Opinion of the District Court the 64 Report and Recommendation of March 9, 2009. Plaintiffs' motion to deny summary judgment on all Collective Action Claims 42 is GRANTED and Defendant's Motion for Summary Judgment on all Collective Actions 15 is DENIED. Signed by Judge Terrence F. McVerry on 03/31/09. (bsc)

March 31, 2009

March 31, 2009

RECAP
68

ORDER adopting in part 57 Report and Recommendations. Plaintiffs' motion to deny summary judgment on all of plaintiff Hodczak's claims 41 is GRANTED and defendant's motion for summary judgment on all of plaintiff Hodczak's claims 19 is DENIED. Signed by Judge Terrence F. McVerry on 03/31/09. (bsc)

March 31, 2009

March 31, 2009

RECAP
69

ORDER AMENDING 68 Order adopting 57 Report and Recommendation and GRANTING Plaintiff's motion to deny summary judgment on all of Plaintiff Hodczak's claims and DENYING Defendant's motion for summary judgment on all of Plaintiff Hodczak's claims. Signed by Judge Terrence F. McVerry on 4/23/2009. (bb) (Entered: 04/23/2009)

April 23, 2009

April 23, 2009

RECAP
70

ORDER AMENDING 67 Order adopting 64 Report and Recommendation GRANTING Plaintiffs' motion to deny summary judgment on all collective action claims and DENYING Defendant's motion for summary judgment on all collective action claims. Signed by Judge Terrence F. McVerry on 4/23/2009. (bb) (Entered: 04/23/2009)

April 23, 2009

April 23, 2009

RECAP
71

MOTION for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs' Claims by LATROBE SPECIALTY STEEL COMPANY. Motion(s) referred to Amy Reynolds Hay. (Attachments: # 1 Proposed Order) (Giotto, Thomas) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

PACER
72

BRIEF in Support re 71 Motion for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs' Claims filed by LATROBE SPECIALTY STEEL COMPANY. (Attachments: # 1 Exhibit A - February 27, 2009 Order of Court of Judge Arthur J. Schwab) (Giotto, Thomas) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

PACER
73

ORDER that Plaintiffs' Response re 71 Motion for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs' Claims due by 5/29/2009. Signed by Magistrate Judge Amy Reynolds Hay on 4/29/2009. (dgg) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

PACER
74

NOTICE of Non-Opposition by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK re 71 Motion for Judgment on the Pleadings, 72 Brief in Support of Motion. (Fabian, Rudy) Modified on 6/11/2009. ERROR: Wrong event selected. Document removed from public view and redocketed correctly. (ksa) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
75

RESPONSE to Motion re 71 Motion for Judgment on the Pleadings filed by DOUGLAS M. HODCZAK, JAMES M. CROSSAN, THOMAS J. MAGDIC, JOSEPH A. LITVIK. "Document previously filed electronically" (ksa) (Entered: 06/11/2009)

June 10, 2009

June 10, 2009

PACER
76

ORDER granting 71 Motion for Judgment on the Pleadings Limiting Temporal Scope of Plaintiffs Claims. The motion is GRANTED to the extent that this action shall not include any claims under the Age Discrimination in Employment Act, as amended, on behalf of any Plaintiff, that accrued before May 17, 2007. Signed by Judge Terrence F. McVerry on 6/11/2009. (kly) Modified on 6/12/2009. (tt) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

PACER

Quality Control message - Wrong event selected

June 11, 2009

June 11, 2009

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 74 Notice (Other). ERROR: Wrong event selected. CORRECTION: Re-docketed as Response to Motion. This message is for informational purposes only. (ksa)

June 11, 2009

June 11, 2009

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 13, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs, all over fifty, are former employees of Latrobe.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Latrobe Specialty Steel Company, Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Discipline

Disparate Impact

Disparate Treatment

Discrimination Basis:

Age discrimination