Case: Walker v. Monsanto Co. Pension Plan

3:04-cv-00436 | U.S. District Court for the Southern District of Illinois

Filed Date: June 23, 2004

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On June 23, 2004, plaintiffs filed this class action complaint against the Monsanto Co. Pension Plan in the U.S. District Court for the Southern District of Illinois. The complaint alleged violations of the Employee Retirement Income Security Act (ERISA) in regards to age discrimination. The alleged violations stemmed from Monsanto's conversion on January 1, 1997, of its pension plan from a conventional defined benefit plan to a cash balance plan.As the case proceeded other cases were consolida…

On June 23, 2004, plaintiffs filed this class action complaint against the Monsanto Co. Pension Plan in the U.S. District Court for the Southern District of Illinois. The complaint alleged violations of the Employee Retirement Income Security Act (ERISA) in regards to age discrimination. The alleged violations stemmed from Monsanto's conversion on January 1, 1997, of its pension plan from a conventional defined benefit plan to a cash balance plan.

As the case proceeded other cases were consolidated and various additional plaintiffs who had similar complaints and defendants with the same pension plan were joined. On September 4, 2006, plaintiffs filed their final amended consolidated class action complaint. It contained ten counts that constituted three general allegations: that the pension plans violated ERISA by ceasing or reducing the rate an employee's benefits accrued on account of age, that the plans violated ERISA by back-loading the rate at which benefits accrued for older workers, and that the payment of interest on late benefit payments was below the rate specified in one of the plans.

On August 29, 2007, the district court (Judge Phil Gilbert) denied various motions to dismiss. On September 13, 2007, the court dismissed three counts of the complaint relating to the reduction of the rate at which benefits accrued with prejudice on the basis of a recently decided case in the Seventh Circuit. Class action status was certified on May 22, 2008.

The district court (Judge Phil Gilbert) issued two opinions on June 11, 2009, concerning the competing motions for summary judgment. Summary judgment was granted to the plaintiffs on the claim that one plan failed to pay adequate interest on delayed pension payments. But the court granted defendants summary judgment on the counts relating to the back-loading of the rate at which benefits accrued.

On October 27, 2009, plaintiffs appealed to the Seventh Circuit Court of Appeals and on September 22, 2010, the Seventh Circuit affirmed the decision of the district court. On September 30, 2014, the district court ordered the exhibits to be destroyed or disposed of, and the case closed.

Summary Authors

Michael Perry (6/29/2010)

MJ Koo (3/9/2017)

Related Cases

Donaldson v. Pharmacia Pension Plan, Southern District of Illinois (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4748945/parties/walker-v-monsanto-company-pension-plan-the/


Judge(s)

Evans, Terence Thomas (Wisconsin)

Flaum, Joel Martin (Illinois)

Frazier, Philip M. (Illinois)

Herndon, David R. (Illinois)

Attorneys(s) for Plaintiff

Armstrong, Matthew H. (Missouri)

Carr, Rex (Illinois)

Dirks, Eric L. (Missouri)

Girard, Daniel C. (California)

Levine, Jonathan (California)

Marker, Michael B. (Illinois)

Judge(s)

Evans, Terence Thomas (Wisconsin)

Flaum, Joel Martin (Illinois)

Frazier, Philip M. (Illinois)

Herndon, David R. (Illinois)

Attorneys(s) for Plaintiff

Armstrong, Matthew H. (Missouri)

Carr, Rex (Illinois)

Dirks, Eric L. (Missouri)

Girard, Daniel C. (California)

Levine, Jonathan (California)

Marker, Michael B. (Illinois)

McGuire, Todd M. (Missouri)

Schlichter, Jerome J. (Missouri)

Siegel, Norman E. (Missouri)

Stueve, Patrick J. (Missouri)

Attorneys(s) for Defendant

Berra, Thomas P. Jr. (Missouri)

Blocker, Mark Bruce (Illinois)

Bonacorsi, Louis F. (Missouri)

Cohen, Carol Connor (District of Columbia)

Conlon, William F. (Illinois)

Cook, Bruce N. (Illinois)

Cox, A. Courtney (Illinois)

Dixon, Gretchen (District of Columbia)

English, Caroline T. (District of Columbia)

Golterman, Robert J. (Missouri)

Hochman, Robert N. (Illinois)

Kelly, Erin E. (Illinois)

Meyer, Chris K. (Illinois)

Montesano, Leah (District of Columbia)

Nester, Michael J. (Illinois)

Perryman, Neal F. (Missouri)

Phelps, Theresa A. (Missouri)

Rea, Anne E. (Illinois)

Rillo, Christopher J. (California)

Ryan, Priscilla E. (Illinois)

Sallerson, Dawn A. (Illinois)

Sandrock, Ryan M. (Illinois)

Wyland, Neil H. (Illinois)

Ysursa, Bernard J. Sr. (Illinois)

Other Attorney(s)

Cueto, Christopher F. (Illinois)

Expert/Monitor/Master

Bauer, William Joseph (Illinois)

Gilbert, John Phil (Illinois)

Documents in the Clearinghouse

Document

09-03637

Docket (7th Circiut)

Walker v. Monsanto Company Pension Plan

U. S. Court of Appeals for the Seventh Circuit

April 20, 2010

April 20, 2010

Docket

3:04-cv-00436

Docket

Sept. 30, 2014

Sept. 30, 2014

Docket
1

3:04-cv-00436

Class Action Complaint

2004 WL 3112273

June 23, 2004

June 23, 2004

Complaint
139

3:04-cv-00436

CONSOLIDATED CLASS ACTION COMPLAINT

Sept. 4, 2006

Sept. 4, 2006

Complaint
152

3:04-cv-00436

Memorandum and Order (Denying motion for class certification)

2006 WL 2802051

Sept. 27, 2006

Sept. 27, 2006

Order/Opinion
158

3:04-cv-00436

Order (Staying consideration of three accounts until the resolution of Cooper v. IBM Personal Pension Plan)

472 F.Supp.2d 1053

Oct. 25, 2006

Oct. 25, 2006

Order/Opinion
235

3:04-cv-00436

Memorandum and Order (Denying motions to dismiss)

2007 U.S.Dist.LEXIS 63793

Aug. 29, 2007

Aug. 29, 2007

Order/Opinion
242

3:04-cv-00436

Memorandum and Order (Dismissing three counts)

2007 U.S.Dist.LEXIS 67704

Sept. 13, 2007

Sept. 13, 2007

Order/Opinion
276

3:04-cv-00436

Opinion Consolidated Class Action (cerifying class action)

252 F.R.D. 450, 2008 U.S.Dist.LEXIS 80063

May 22, 2008

May 22, 2008

Order/Opinion
327

3:04-cv-00436

Opinion (Granting plaintiff summary judgment on one count)

636 F.Supp.2d 785, 2009 U.S.Dist.LEXIS 100643

June 11, 2009

June 11, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4748945/walker-v-monsanto-company-pension-plan-the/

Last updated May 20, 2022, 2:11 a.m.

ECF Number Description Date Link Date / Link
96

ORDER that Law Clerk Andrew Schlichter is isolated from working on the case at bar. Signed by Judge David R Herndon on 10/12/2005. (pab )

Oct. 12, 2005

Oct. 12, 2005

RECAP
1

COMPLAINT against The Monsanto Company and The Monsanto Company Pension Plan ($150.00 filing fee received; receipt number 300 98165) filed by Grant Walker and Edward Zeringue. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit)(jmp) (Entered: 06/24/2004)

June 23, 2004

June 23, 2004

138

ORDER GRANTING 134 Defendants' Amended Motion to Consolidate Cases and thereby FINDING AS MOOT 123 Defendants' Motion to Consolidate Cases. See text of Order for specific instructions and briefing schedule. Signed by Judge David R Herndon on 9/1/20006. (seg)

Sept. 1, 2006

Sept. 1, 2006

RECAP
3

Summons Issued as to Monsanto Company. (jmp) (Entered: 06/24/2004)

June 23, 2004

June 23, 2004

4

Summons Issued as to Monsanto Company Pension Plan. (jmp ) (Entered: 06/24/2004)

June 23, 2004

June 23, 2004

152

ORDER DENYING AS MOOT 109 Motion to Certify Class and 130 Motion for Hearing on Class Certification, in light of the consolidated class action complaint, which may lead to a different configuration of proposed classes. This Order also disposes o f several motions pending in the Davis and Hammond cases, pre-consolidation. Specifically, in Davis, No. 05-cv-736, the Court DENIES AS MOOT (18) Motion for Class Certification, DENIES (21) Motion to Dismiss for Failure to Join a Necessary and Indispensible Party, and DENIES (23) Motion to Dismiss for Failure to Exhaust Administrative Remedies. Further, in Hammond, No. 06-cv-139, the Court DENIES AS MOOT (53) Join Motion for Stay, DENIES (10) Motion to Dismiss for Failure to Exhaust Administrative Remedies and DENIES (12) Motion to Dismiss for Failure to Join a Necessary and Indispensible Party.Signed by Judge David R Herndon on 09/27/2006. (seg)

Sept. 27, 2006

Sept. 27, 2006

RECAP
5

SUMMONS Returned Executed by Grant Walker, Edward Zeringue. Monsanto Company, The served on 6/24/2004, answer due 7/14/2004. (Armstrong, Matthew) (Entered: 07/09/2004)

July 9, 2004

July 9, 2004

158

ORDER GRANTING 144 Motion to Stay Counts VII, VIII and IX of Plaintiffs' Consolidated Class Action Complaint. Signed by Judge David R Herndon on 10/25/2006. (seg)

Oct. 25, 2006

Oct. 25, 2006

RECAP
174

ORDER GRANTING 173 Motion for Extension of Time. Defendants' Response to the 166 Motion for Class Certification shall be due by December 18, 2006. Plaintiffs' Reply shall be due by January 12, 2007. Signed by Judge David R Herndon on 12/04/2006. (seg)

Dec. 4, 2006

Dec. 4, 2006

RECAP
6

SUMMONS Returned Executed by Grant Walker, Edward Zeringue. Monsanto Company Pension Plan, The served on 6/24/2004, answer due 7/14/2004. (Armstrong, Matthew) (Entered: 07/09/2004)

July 9, 2004

July 9, 2004

197

ORDER GRANTING 195 Pharmacia Defendants' Motion for Leave to File a Response to the Monsanto Brief on Class Certification. Brief shall be filed no later than five (5) days from the date of this Order. Signed by Judge David R Herndon on 02/21/2007. (seg)

Feb. 21, 2007

Feb. 21, 2007

RECAP
7

SUMMONS Returned Executed by Grant Walker, Edward Zeringue. Monsanto Company, The served on 6/24/2004, answer due 7/14/2004. (Armstrong, Matthew) (Entered: 07/09/2004)

July 9, 2004

July 9, 2004

8

NOTICE of Appearance by Louis F. Bonacorsi on behalf of Monsanto Company Pension Plan, The, Monsanto Company, The (Bonacorsi, Louis) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

201

ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge J. Phil Gilbert for all further proceedings. Signed by Judge William D. Stiehl on 05/08/07. (jkb)

May 8, 2007

May 8, 2007

RECAP
9

MOTION for Extension of Time to File Answer re 1 Complaint by Monsanto Company Pension Plan, The, Monsanto Company, The. (Bonacorsi, Louis) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

235

MEMORANDUM AND OPINION denying 145 MOTION to Dismiss for Failure to Join a Necessary and Indispensable Party filed by Solutia Inc Employees' Pension Plan, denying 147 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Solutia Inc Employees' Pension Plan, denying 155 MOTION for Reconsideration re 152 Order on Motion to Certify Class, Order on Motion for Hearing Motion to Reconsider Order Regarding Indispensable Party Issue filed by Sol utia Inc Employees' Pension Plan and denying 149 MOTION to Dismiss For Failure to Join A Party Needed for Just Adjudication filed by Monsanto Company Pension Plan and The Monsanto Company. Signed by Judge J. Phil Gilbert on August 29, 2007. (vlm, )

Aug. 29, 2007

Aug. 29, 2007

RECAP
10

ORDER granting 9 Motion for Extension of Time to Answer. Signed by Judge David R Herndon on 7/15/04. (klh) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

242

MEMORANDUM AND OPINION, Granting 224 Joint MOTION for Judgment on the Pleadings And/or To Dismiss Counts VII, VIII and IX filed by Solutia Inc Employees' Pension Plan. Counts VII, VIII and IX of the complaint are Dismissed with prejudice. Signed by Judge J. Phil Gilbert on 9/13/07. (bkl)

Sept. 13, 2007

Sept. 13, 2007

RECAP
326

MEMORANDUM AND OPINION, Granting 284 Joint MOTION for Summary Judgment As To Counts I - III filed by Solutia Inc Employees' Pension Plan, Pharmacia and Upjohn Company, Monsanto Company Pension Plan, The, Pharmacia Corporation, Pfizer In c, Pharmacia Cash Balance Pension Plan, Monsanto Company, The; Denying in Part 285 MOTION for Summary Judgment filed by Juanita Hammond, Edward Zeringue, Grant Walker, Fred Donaldson, Richard W. Drake, Glynn Davis to the extent it seeks judgment on Counts I, II and III. Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 6/11/09. (bkl)

June 11, 2009

June 11, 2009

RECAP
11

MOTION to Dismiss for Failure to Exhaust Administrative Remedies by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A)(Bonacorsi, Louis) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

327

MEMORANDUM AND OPINION, Denying 282 MOTION for Summary Judgment on Count X of the Consolidated Complaint filed by Monsanto Company Pension Plan, The, Monsanto Company, The; Granting in part 285 Motion for Summary Judgment to the extent it seeks judgment on Count X. Clerk of Court to enter judgment accordingly at the close of the case. Telephone Status Conference set for 8/13/2009 09:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Plaintiffs are responsible for placing the conference call. Signed by Judge J. Phil Gilbert on 6/11/09. (bkl)

June 11, 2009

June 11, 2009

RECAP
12

MEMORANDUM in Support re 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

13

MOTION to Dismiss Monsanto Company by Monsanto Company, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A)(Bonacorsi, Louis) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

341

CLERK'S JUDGMENT (JF/djs) on Counts I, II, & III entered in favor of defendants and against plaintiffs; Counts IV, V & VI are dismissed without prejudice; Counts VII, VIII & IX are dismissed with prejudice; that settlement in Count X defendants Monsanto Company Pension Plan and Monsanto Company shall pay compensation to Monsanto Defendants' Late Lump Sum Class & attorney's fees; Count X dismissed with prejudice. Approved by Judge J. Phil Gilbert on 9/29/09. (djs)

Sept. 29, 2009

Sept. 29, 2009

RECAP
14

MEMORANDUM in Support re 13 MOTION to Dismiss Monsanto Company filed by Monsanto Company, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

359

ORDER DISPOSING OF EXHIBITS. Signed by Judge J. Phil Gilbert on 9/30/2014. (lmm)

Sept. 30, 2014

Sept. 30, 2014

RECAP
15

MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri by Monsanto Company Pension Plan, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A)(Bonacorsi, Louis) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

16

MEMORANDUM in Support re 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri filed by Monsanto Company Pension Plan, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

17

MOTION to Dismiss for Failure to Join Necessary Parties by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 9/13/2004 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Bonacorsi, Louis) Additional attachment(s) added on 8/16/2004 (dlr, ). (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

18

MEMORANDUM in Support re 17 MOTION to Dismiss for Failure to Join Necessary Parties filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Bonacorsi, Louis) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

19

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking Exhibit C to 17 Motion to Dismiss, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (dlr ) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

21

CJRA TRACK D assigned: Bench Trial set for presumptive month of April 2006 at 9:00 AM in East St. Louis Court House before Judge David R Herndon. (pab) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

22

NOTICE of Scheduling and Discovery Conference:Telephone Scheduling/Discovery Conference set for 9/22/2004 at 9:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

23

MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies , 13 MOTION to Dismiss Monsanto Company , 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri , 17 MOTION to Dismiss for Failure to Join Necessary Parties by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

24

ORDER granting 23 Motion for Extension of Time to File Response/Reply. Responses due by 9/23/2004. Signed by Judge David R Herndon on 9/13/04. (klh, ) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

25

NOTICE of Appearance by Michael J. Nester on behalf of all defendants (Nester, Michael) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

Set/Reset Hearings: Scheduling Conference reset for 10/15/2004 at 9:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

26

Second MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies , 13 MOTION to Dismiss Monsanto Company , 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri , 17 MOTION to Dismiss for Failure to Join Necessary Parties by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/22/2004)

Sept. 22, 2004

Sept. 22, 2004

27

ORDER granting 26 Motion for Extension of Time to File Response/Reply Responses due by 9/30/2004 . Signed by Judge David R Herndon on 9/23/04. (klh, ) (Entered: 09/23/2004)

Sept. 23, 2004

Sept. 23, 2004

28

MEMORANDUM in Opposition re 17 MOTION to Dismiss for Failure to Join Necessary Parties filed by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

29

MEMORANDUM in Opposition re 13 MOTION to Dismiss Monsanto Company filed by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

30

MEMORANDUM in Opposition re 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

31

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri [Verified] by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

32

AFFIDAVIT re 31 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri [Verified] by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

34

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Caroline T. English for Monsanto Company Pension Plan, The and Monsanto Company, The. $100.00 fee paid,receipt number 300 100292 (dlr ) (Entered: 10/06/2004)

Oct. 5, 2004

Oct. 5, 2004

36

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Carol C. Flowe for Monsanto Company Pension Plan, The and Monsanto Company, The. $100.00 fee paid,receipt number 300 100292 (dlr ) (Entered: 10/06/2004)

Oct. 5, 2004

Oct. 5, 2004

33

ORDER granting in part 31 Motion for Extension of Time to File Response/Reply Responses due by 10/22/2004. Signed by Judge David R Herndon on 10/5/04. (klh, ) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

Set/Reset Hearings: Scheduling Conference reset for 11/12/2004 at 9:30 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

37

ENTRY STRICKEN AS ORDERED BY COURT−MEMORANDUM in Support re 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri Addendum filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Flowe, Carol) Modified on 10/12/2004 (dlr ). (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

38

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 37 Memorandum in Support of Motion, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (dlr ) (Entered: 10/12/2004)

Oct. 12, 2004

Oct. 12, 2004

39

SUPPLEMENT by Monsanto Company Pension Plan, The, Monsanto Company, The. Supplement to 15 Motion to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri Addendum . (Flowe, Carol) (Entered: 10/12/2004)

Oct. 12, 2004

Oct. 12, 2004

40

MOTION for Extension of Time to File Response/Reply as to 30 Memorandum in Opposition to Motion, 28 Memorandum in Opposition to Motion, 29 Memorandum in Opposition to Motion − Stipulated by Monsanto Company Pension Plan, The, Monsanto Company, The, Grant Walker, Edward Zeringue. (Flowe, Carol) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

41

ORDER granting 40 Motion for Extension of Time to File Response/Reply. Replies due by 10/22/2004. Signed by Judge David R Herndon on 10/18/04. (klh, ) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

42

REPLY to 30 Memorandum in Opposition to 11 Motion to Dismiss for Failure to Exhaust Administrative Remedies filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Flowe, Carol) Modified on 10/25/2004 (dlr ). (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

43

REPLY to memorandum in opposition to 17 28 Motion to Dismiss, in Support of Motion To Dismiss For Failure To Join Necessary Parties filed by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Affidavit of Caroline Turner English)(Flowe, Carol) Additional attachment(s) added on 10/22/2004 (myz, ). Modified on 10/25/2004 (dlr ). (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

44

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri by Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

45

ORDER granting 44 Motion for Extension of Time to File Response/Reply. Replies due by 10/29/2004.Signed by Judge David R Herndon on 10/22/04. (klh, ) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

46

NOTICE OF ERRORS AND/OR DEFICIENCIES re 43 Response, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (myz ) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

48

NOTICE OF ERRORS AND/OR DEFICIENCIES re 43 Response, filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (dlr ) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

49

AMENDED COMPLAINT against all defendants, filed by Grant Walker, Edward Zeringue.(Marker, Michael) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

50

NOTICE by Grant Walker, Edward Zeringue NOTICE OF WITHDRAWAL (Girard, Daniel) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

51

MEMORANDUM in Opposition re 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri filed by Grant Walker, Edward Zeringue. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6)(Marker, Michael) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

52

ORDER DENYING AS MOOT 11 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Monsanto Company, The, Monsanto Company Pension Plan, The, 13 MOTION to Dismiss Monsanto Company filed by Monsanto Company, The, 15 MOTION to Dismiss for Improper Venue, or in the alternative, to Transfer Venue to the Eastern District of Missouri filed by Monsanto Company Pension Plan, The, 17 MOTION to Dismiss for Failure to Join Necessary Parties filed by Monsanto Company, The, Monsanto Company Pension Plan, The.. Signed by Judge David R Herndon on 10/29/04. (klh, ) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

53

Set/Reset Hearings: Telephone Scheduling Conference set for 11/12/2004 at 9:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Counsel for plaitiff shall initiate the conference call. The telephone number for chambers is 618−482−9106. (amv) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

54

MOTION for Extension of Time to File Response/Reply as to 49 Amended Complaint by Monsanto Company Pension Plan, The, Monsanto Company, The. (Flowe, Carol) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

55

ORDER granting 54 Motion for Extension of Time to File Response/Reply. Responses due by 12/3/2004. Signed by Judge David R Herndon on 11/4/04. (klh, ) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

56

Minute Entry for proceedings held before Judge Clifford J. Proud : Telephone Scheduling and Discovery Conference set 11/12/04 is canceled. The parties have submitted a joint report. (Court Reporter n/a.) (amv) (Entered: 11/10/2004)

Nov. 10, 2004

Nov. 10, 2004

57

SCHEDULING AND DISCOVERY ORDER Discovery due by 12/7/2005. Dispositive Motions due by 12/22/2005. Telephone Status Conference set for 2/14/2005 at 9:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. Signed by Judge Clifford J. Proud on 11/15/04. (Attachments: # 1 Joint Report)(amv) Modified on 1/14/2005 (dmw). (Entered: 11/16/2004)

Nov. 16, 2004

Nov. 16, 2004

58

MOTION to Dismiss For Failure to Exhaust Administrative Remedies by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 1/2/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Flowe, Carol) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

59

MOTION for Summary Judgment On Plaintiff James Mueller's Claim by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 1/2/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Flowe, Carol) Modified on 12/7/2004 (dlr ). Manually filed Exhibit C received in Clerk's Office on 12/7/04. (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

60

MOTION to Dismiss for Failure to Join Parties Needed for Just Adjudication by Monsanto Company Pension Plan, The, Monsanto Company, The. Responses due by 1/2/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Flowe, Carol) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

62

MOTION to Change Venue to Eastern District of Missouri and Memorandum in Support by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Exhibit Exhibit A)(Flowe, Carol) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

63

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 61 Motion to Change Venue filed by Monsanto Company, The,, Monsanto Company Pension Plan, The,. See attached document for specifics (dlr ) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

64

MOTION for Extension of Time to File Response/Reply as to 62 MOTION to Change Venue to Eastern District of Missouri and Memorandum in Support [Unopposed] by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 12/16/2004)

Dec. 16, 2004

Dec. 16, 2004

65

ORDER granting 64 Motion for Extension of Time to File Response/Reply Responses due by 1/7/2005. Signed by Judge David R Herndon on 12/17/04. (klh, ) (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

66

MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Dismiss For Failure to Exhaust Administrative Remedies , 59 MOTION for Summary Judgment On Plaintiff James Mueller's Claim , 60 MOTION to Dismiss for Failure to Join Parties Needed for Just Adjudication by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

67

ORDER granting 66 Motion for Extension of Time to File Response/Reply Responses due by 1/17/2005. Signed by Judge David R Herndon on 12/29/04. (klh, ) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

68

MEMORANDUM in Opposition re 62 MOTION to Change Venue to Eastern District of Missouri and Memorandum in Support filed by James E Mueller, Grant Walker, Edward Zeringue. (Attachments: # 1 Exhibit Group 1)(Marker, Michael) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

69

NOTICE of Hearing: Status Conference set for 2/14/2005 09:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (NOTE: This setting was originally inadvertently entered in system as 2/15/05)(dmw) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

70

RESPONSE in Opposition re 59 MOTION for Summary Judgment On Plaintiff James Mueller's Claim filed by James E Mueller. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6# 7 Exhibit Exhibit 7)(Marker, Michael) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

71

RESPONSE in Opposition re 60 MOTION to Dismiss for Failure to Join Parties Needed for Just Adjudication filed by James E Mueller, Grant Walker, Edward Zeringue. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Marker, Michael) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

72

RESPONSE in Opposition re 58 MOTION to Dismiss For Failure to Exhaust Administrative Remedies filed by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

73

AFFIDAVIT re 70 Response in Opposition to Motion,, 71 Response in Opposition to Motion, by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

74

Joint MOTION for Order to Compromising Defendants' Motion To Dismiss For Failure to Join Parties Needed For Just Adjudication by Monsanto Company Pension Plan, The, Monsanto Company, The. (Attachments: # 1 Proposed Order −− stricken and deleted # 2 Certificate of Service)(English, Caroline) Additional attachment added and text modified on 2/10/2005 (car). (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

76

ORDER granting 75 Motion to Withdraw and withdrawing 59 Motion for Summary Judgment. Defendants' motion for summary judgment is withdrawn, without prejudice to Defendants' right to re−file the motion at a later date. Signed by Judge David R Herndon on 2/8/05. (klh, ) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

77

ORDER finding as moot 60 Motion to Dismiss, granting 74 Motion for Order. Signed by Judge David R Herndon on 2/09/05. (klh,) (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

78

NOTICE OF ERRORS AND/OR DEFICIENCIES re 74 Motion for Order, filed by Monsanto Company, The, Monsanto Company Pension Plan, The, 75 Motion to Withdraw filed by Monsanto Company, The, Monsanto Company Pension Plan, The. See attached document for specifics (car) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

79

NOTICE: On February 23, 2005, the Court received two proposed orders via email. To ensure that the record is clear, the parties shall file motions seeking the relief requested. (klh) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

80

Joint MOTION for Protective Order by James E Mueller, Grant Walker, Edward Zeringue. (Armstrong, Matthew) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

81

Joint MOTION to Stay re 58 MOTION to Dismiss For Failure to Exhaust Administrative Remedies by James E Mueller, Grant Walker, Edward Zeringue. (Armstrong, Matthew) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

82

ORDER finding as moot 58 Motion to Dismiss, granting 81 Motion to Stay. Signed by Judge David R Herndon on 2/25/05. (klh, ) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

83

NOTICE by Monsanto Company Pension Plan, The, Monsanto Company, The Notice of Withdrawal of Counsel (Flowe, Carol) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

84

ORDER granting 80 Motion for Protective Order. Signed by Judge David R Herndon on 2/25/05. (klh, ) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

85

NOTICE by Monsanto Company Pension Plan, The, Monsanto Company, The of filing Notice of Withdrawal (Bonacorsi, Louis) (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

86

ORDER denying 62 Motion to Change Venue. Signed by Judge David R Herndon on 3/14/05. (klh, ) (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

87

Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Gretchen Dixon for Monsanto Company Pension Plan, The and Monsanto Company, The. $100.00 fee paid,receipt number 300 103733 (trb, ) (Entered: 03/22/2005)

March 21, 2005

March 21, 2005

88

MOTION to Withdraw as Attorney by James E Mueller, Grant Walker, Edward Zeringue. (Armstrong, Matthew) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

Order: The Court GRANTS 88 MOTION to Withdraw as Attorney filed by Grant Walker, Edward Zeringue, James E Mueller. Attorney Matthew H. Armstrong terminated. Signed by Judge David R Herndon on 9/27/05. (klh) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

89

MOTION to Withdraw as counsel by James E Mueller, Grant Walker, Edward Zeringue. (Marker, Michael) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

90

NOTICE of Appearance by Michael B. Marker on behalf of all plaintiffs (Marker, Michael) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 23, 2004

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Participants in the Monsanto Co. Pension Plan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Monsanto Co. Pension Plan (St. Louis), Private Entity/Person

Monsanto Co. (St. Louis), Private Entity/Person

Solutia Inc. (St. Louis), Private Entity/Person

Pharmacia, Private Entity/Person

Pfizer Inc. (New York), 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

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $590,428.04

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination