Case: Rupert v. PPG Industries, Inc.

2:08-cv-00616 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 6, 2008

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 6, 2008, individual plaintiffs filed a collective action in the Western District of Pennsylvania for unlawful retaliation under the Age Discrimination in Employment Act (ADEA) including the Older Workers Benefit Protection Act (OWBPA), against PPG Industries, a Pennsylvania corporation. The plaintiffs, who were former employees of PPG, requested that the court certify the class, declare the individual plaintiffs to serve as representative plaintiffs, and grant a declaratory judgment.Pla…

On May 6, 2008, individual plaintiffs filed a collective action in the Western District of Pennsylvania for unlawful retaliation under the Age Discrimination in Employment Act (ADEA) including the Older Workers Benefit Protection Act (OWBPA), against PPG Industries, a Pennsylvania corporation. The plaintiffs, who were former employees of PPG, requested that the court certify the class, declare the individual plaintiffs to serve as representative plaintiffs, and grant a declaratory judgment.

Plaintiffs had previously filed a class action in 2007, EE-PA-0242, against PPG for violations of the ADEA for PPG's practice of having terminated older workers sign release agreements in which the terminated workers waived claims under the ADEA. Plaintiffs argued, however, that the agreements were not compliant with the OWBPA and were therefore unenforceable. Defendant counterclaimed that plaintiffs were in breach of the agreements, which contained covenants not to sue. Plaintiffs claim they were essentially forced to sign these agreements in order to obtain severance benefits upon their termination.

Based on the parties' interactions in the previous case, plaintiffs brought this suit claiming that defendant knew or should have known that its counterclaim in the first suit was not viable and that its intent in bringing the claim was to retaliate against the plaintiffs for enforcing their rights under the ADEA. Plaintiffs also claim that defendant has threatened future retaliation for plaintiffs' attempts to enforce their rights under the ADEA.

On June 17, 2008, defendant filed an unopposed motion to consolidate this case with the original case filed by plaintiffs in May 2007, EE-PA-0242. On June 18, 2008, the District Court (Judge Arthur Schwab) granted defendant's order to consolidate the cases. Accordingly, further proceedings in this case can be found at EE-PA-0242.

Summary Authors

Marcy Blattner (2/3/2015)

Related Cases

Rupert v. PPG Industries, Inc., Western District of Pennsylvania (2007)

People


Judge(s)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

Evans, Melissa L. (Pennsylvania)

Fabian, Rudy A. (Pennsylvania)

Fox, Bruce C. (Pennsylvania)

Lamberton, Charles A. (Pennsylvania)

Murray, Colin W. (Pennsylvania)

Attorneys(s) for Defendant

Glunt, James F. (Pennsylvania)

Murphy, Terrence H. (Pennsylvania)

Passarello, Lisa M. (Pennsylvania)

Tuite, Jaime S. (Pennsylvania)

Judge(s)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

Evans, Melissa L. (Pennsylvania)

Fabian, Rudy A. (Pennsylvania)

Fox, Bruce C. (Pennsylvania)

Lamberton, Charles A. (Pennsylvania)

Murray, Colin W. (Pennsylvania)

Attorneys(s) for Defendant

Glunt, James F. (Pennsylvania)

Murphy, Terrence H. (Pennsylvania)

Passarello, Lisa M. (Pennsylvania)

Tuite, Jaime S. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

June 18, 2008 Docket
605

Collective Action Complaint

May 6, 2008 Complaint

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against PPG INDUSTRIES, INC. ( Filing fee $ 350 receipt number 885131), filed by KENNETH J. HUNT, WADE C. BITTNER, ARTHUR C. RUPERT, LINDA K. AUSTIN, LARRY L. CAMPBELL. (Attachments: # 1 Civil Cover Sheet # 2 Summons) (plh) (Entered: 05/06/2008)

May 6, 2008

Summons Issued as to PPG INDUSTRIES, INC. (plh) (Entered: 05/06/2008)

May 6, 2008
2

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. (ms) (Entered: 05/07/2008)

May 7, 2008
3

WAIVER OF SERVICE Returned Executed by KENNETH J. HUNT, WADE C. BITTNER, ARTHUR C. RUPERT, LINDA K. AUSTIN, LARRY L. CAMPBELL. PPG INDUSTRIES, INC. waiver sent on 5/13/2008, answer due 7/14/2008. (Fox, Bruce) (Entered: 05/13/2008)

May 13, 2008

TEXT ORDER. Counsel for Plaintiffs is hereby directed to immediately serve the Order Setting Initial Case Management Conference upon the Defendant or Counsel for Defendant. Signed by Judge Arthur J. Schwab on 05/14/08. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 05/14/2008)

May 14, 2008
5

NOTICE of Appearance by Rudy A. Fabian on behalf of KENNETH J. HUNT, WADE C. BITTNER, ARTHUR C. RUPERT, LINDA K. AUSTIN, LARRY L. CAMPBELL (Fabian, Rudy) (Entered: 06/05/2008)

June 5, 2008
6

NOTICE of Appearance by Colin W. Murray on behalf of KENNETH J. HUNT, WADE C. BITTNER, ARTHUR C. RUPERT, LINDA K. AUSTIN, LARRY L. CAMPBELL (Murray, Colin) (Entered: 06/05/2008)

June 5, 2008
7

NOTICE of Appearance by Melissa L. Evans on behalf of KENNETH J. HUNT, WADE C. BITTNER, ARTHUR C. RUPERT, LINDA K. AUSTIN, LARRY L. CAMPBELL (Evans, Melissa) (Entered: 06/05/2008)

June 5, 2008
8

NOTICE of Appearance by James F. Glunt on behalf of PPG INDUSTRIES, INC. (Glunt, James) (Entered: 06/17/2008)

June 17, 2008
9

Disclosure Statement identifying None as corporate parent, by PPG INDUSTRIES, INC.. (Glunt, James) (Entered: 06/17/2008)

June 17, 2008
10

Unopposed MOTION to Consolidate Cases by PPG INDUSTRIES, INC.. (Attachments: # 1 Proposed Order) (Glunt, James) (Entered: 06/17/2008)

June 17, 2008
11

BRIEF in Support re 10 Motion to Consolidate Cases (Unopposed) filed by PPG INDUSTRIES, INC.. (Glunt, James) (Entered: 06/17/2008)

June 17, 2008
12

Unopposed MOTION to Stay by PPG INDUSTRIES, INC.. (Attachments: # 1 Proposed Order) (Glunt, James) (Entered: 06/17/2008)

June 17, 2008
13

NOTICE of Appearance by Terrence H. Murphy on behalf of PPG INDUSTRIES, INC. (Murphy, Terrence) (Entered: 06/17/2008)

June 17, 2008
14

NOTICE of Appearance by Lisa M. Passarello on behalf of PPG INDUSTRIES, INC. (Passarello, Lisa) (Entered: 06/17/2008)

June 17, 2008
15

NOTICE of Appearance by Jaime S. Tuite on behalf of PPG INDUSTRIES, INC. (Tuite, Jaime) (Entered: 06/17/2008)

June 17, 2008
16

ORDER granting 10 Motion to Consolidate Cases; granting 12 Motion to Stay. Civil Action No. 08−616 is consolidated with 07−705 for all pretrial and trial purposes. PPG's obligation to respond to the Complaint in 08−616 is STAYED until 20 days after the entry of the Order by the District Court on the Motions for Summary Judgment pending in 07−705. Signed by Judge Arthur J. Schwab on 06/18/08. (eca) (Entered: 06/18/2008)

June 18, 2008

ORDER CANCELLING DEADLINES. In light of this civil action being consolidated with Civil Action No. 07−705, the deadlines and the Initial Case Management Conference that were scheduled in 4 Order Scheduling Initial Case Management Conference are hereby CANCELLED. Signed by Judge Arthur J. Schwab on 06/18/08. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 06/18/2008)

June 18, 2008

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Key Dates

Filing Date: May 6, 2008

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Representative Plaintiffs are former employees of defendant PPG in their 50s or 60s.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

PPG Industries, Inc. (Pittsburgh), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination