Case: Arnett v. California Public Employees' Retirement System

3:95-cv-03022 | U.S. District Court for the Northern District of California

Filed Date: Aug. 28, 1995

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On August 28, 1995, former police officers, correctional officers, and other "safety employees" of the State of California and local agencies filed a class action lawsuit in the Federal District Court for the Northern District of California. The suit was brought under 29 U.S.C. §§ 621-634 (ADEA) against the administrators of the California Public Employees Retirement System (CalPERS), the State of California, and various municipalities. The plaintiff class-representatives, represented by priv…

On August 28, 1995, former police officers, correctional officers, and other "safety employees" of the State of California and local agencies filed a class action lawsuit in the Federal District Court for the Northern District of California. The suit was brought under 29 U.S.C. §§ 621-634 (ADEA) against the administrators of the California Public Employees Retirement System (CalPERS), the State of California, and various municipalities. The plaintiff class-representatives, represented by private counsel, sought for back pay and injunctive relief for future class members, alleging that California Government Code §21417 created a system of disparate treatment or impact based solely on age and without valid business necessity. Specifically, the plaintiffs contended that the way CalPER code treated municipal employees who retired pursuant to industrial injury was discriminatory based on age alone, since the age at time of hiring determined percentage of compensation regardless of length of service.

Employees of California's state agencies are automatically covered by CalPERS, and local agencies may elect to join CalPERS to provide benefits for their employees. The Plaintiff-Employees were "safety employees," defined by California Government Code §§ 20371(b), 20403, including patrol officers, state peace officers, and firefighters. All were hired at age 40 or later and retired from their jobs because of industrial disabilities. Until 1980, under California Government Code, any safety employee injured on the job received 50 percent of final compensation as a disability benefit, regardless of age or the number of years of actual service, and upon retirement he or she received a disability retirement allowance of 50 percent of his or her final compensation. In 1980, California changed the scheme to one where injured retirees received a percentage equal to twice what their years of service would have been if they had worked until age 55, not to exceed 50 percent. The effect was that regardless of the years of actual service, all employee's hired at or before age 30 would receive the 50 percent maximum and those hired after age 30 could never get to that level of compensation.

In their First Amended Complaint, Plaintiffs alleged that § 21417 violates the ADEA under a disparate treatment theory because it reduces disability benefits based solely upon workers' ages at hire. The District Court (Judge Charles R. Breyer) disagreed and granted defendants' motions to dismiss and for judgment on the pleadings, holding that the Employees failed to state a disparate treatment claim. The Court did, however, grant leave to amend the complaint to allege a disparate impact claim. The Court then dismissed that claim, finding that ADEA regulations authorized the statutory scheme in § 21417, and alternatively, that the benefit differential was justified by "business necessity. Arnett v. CalPERS, No. C95-03022 CRB, 1998 WL 118180 (N.D. Cal. Mar 02, 1998). The Plaintiff class appealed the dismissal.

On June 2, 1999, the United States Court of Appeals for the Ninth Circuit (Judge Mary Margaret McKeown) reversed and remanded to the District Court. Arnett v. CalPERS, 179 F.3d 690 (9th Cir. 1999). The Court of Appeals found that there was adequate evidence presented to make a prima facie case, and held that a defense of "business necessity" was inappropriate for judgment upon pleadings alone. The defendants sought certiorari review in the United States Supreme Court.

On January 18, 2000, the United States Supreme Court, by Memorandum, but without Justice Breyer (whose brother was the district court judge in the case), vacated the Ninth Circuit Court decision and remanded to the Ninth Circuit for further consideration in light of Kimel v. Florida Board of Regents, 528 U.S. 62 (2000), where the Court had earlier held that ADEA's abrogation of 11th Amendment State sovereign immunity was beyond the scope of Congress' enforcement powers under § 5 of the 14th Amendment. CalPERS v. Arnett, 528 U.S. 1111 (2000).

On March 16, 2000, on remand to the Ninth Circuit, the Court (Circuit Judges Mary Margaret McKeown, Ferdinand F. Fernandez, and Senior District Judge Charles R. Weiner of the Eastern District of Pennsylvania, sitting by designation) held that because California never raised 11th Amendment immunity before any court, the case was still proper for further remand to the District Court for consideration consistent with Kimel. Arnett v. CalPERS, 207 F.3d 565 (9th Cir. 2000). The Circuit Court also unanimously denied defendants' petition for rehearing. Id.

After final remand, on September 5, 2000, the District Court granted the EEOC's motion to intervene as a party plaintiff. On November 19, 2001, the Court (Judge Breyer) certified a defendant class consisting of local public government entities that contract with CalPERS to provide retirement benefits. Finally, on January 29, 2003, the Court (Judge Breyer) issued a Verdict and Settlement Summary, whereby CalPERS agreed to recalculate and pay the benefit entitlements of all industrial disability retirement recipients as of July 1, 2001. Arnett v. CalPERS, No. 95-03022CRB, 2003 WL 1855062 (Verdict and Settlement Summary) (N.D.Cal. Jan. 29, 2003). The docket shows subsequent squabbles about individual money damages, but no other class-wide proceedings.

The decree was entered in 2003 and scheduled to last 2008. No further docket entries exist, so the case is closed.

Summary Authors

Keri Livingston (8/10/2008)

People


Judge(s)

Breyer, Charles R. (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Faunce, Edward L. (California)

Frankovich, Thomas E. (California)

Lake, Ellen (California)

Pingel, Stephen R. (California)

Attorneys(s) for Defendant

Beasley, Alice M. (California)

Cabatic, Linda A. (California)

Canby, Rhonda Cate (California)

Hewitt, Henry S. (California)

Judge(s)

Breyer, Charles R. (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Faunce, Edward L. (California)

Frankovich, Thomas E. (California)

Lake, Ellen (California)

Pingel, Stephen R. (California)

Attorneys(s) for Defendant

Beasley, Alice M. (California)

Cabatic, Linda A. (California)

Canby, Rhonda Cate (California)

Hewitt, Henry S. (California)

Neri, Miguel Angel (California)

Pepper, Robert M. (California)

Rickards, Cyrus J. (California)

Tamura, Irene K. (California)

Wertheimer, Jeffrey M. (California)

White-Sperling, Jennifer Elizabeth (California)

Other Attorney(s)

Cheung, Raymond T. (California)

Janiak, Peter A. (California)

Offen-Brown, David F. (California)

Peck, Jonathan T. (California)

Tamayo, William Robert (California)

Documents in the Clearinghouse

Document

3:95-cv-03022

Docket

May 25, 2004

May 25, 2004

Docket
81

3:95-cv-03022

Order Granting Defendants' Motions to Dismiss

Arnett v. CA Public Employees' Retirement System

1998 WL 118180, 1998 U.S.Dist.LEXIS 2571

March 2, 1998

March 2, 1998

Order/Opinion

99-00850

Order Granting Writ of Certiorari

Supreme Court of the United States

528 U.S. 1111, 120 S.Ct. 930

Jan. 18, 2000

Jan. 18, 2000

Order/Opinion
210

3:95-cv-03022

Consent Decree in Partial Resolution of Lawsuit

Arnett & EEOC v. CALPERS

Aug. 3, 2001

Aug. 3, 2001

Order/Opinion
430

3:95-cv-03022

Supplemental Consent Decree

Arnett & EEOC v. CalPERS

Jan. 29, 2003

Jan. 29, 2003

Order/Opinion

3:95-cv-03022

Disabled Public Safety Officers to Receive Benefits in Historic EEOC Settlement for Age Discrimination

Arnett and EEOC v. California Public Employee Retirement System

No Court

Jan. 30, 2003

Jan. 30, 2003

Press Release

Resources

Docket

Last updated May 29, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; Summons(es) issued; Fee status pd entered on 8/28/95 in the amount of $ 120.00 ( Receipt No. 117469); jury demand [4:95-cv- 03022] (cp, COURT STAFF) (Entered: 08/30/1995)

Aug. 28, 1995

Aug. 28, 1995

2

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Saundra B. Armstrong : Proof of service to be filed by 10/12/95 ; counsels' case management statement to be filed by 12/26/95 ; initial case management conference will be held 3:45 1/3/96 . (cc: all counsel) (cp, COURT STAFF) (Entered: 08/30/1995)

Aug. 28, 1995

Aug. 28, 1995

3

APPLICATION by Plaintiffs to enlarge Rule 34 scheduling dates; declaration of Thomas E. Frankovich; order [4:95-cv-03022] (cg, COURT STAFF) (Entered: 10/12/1995)

Oct. 12, 1995

Oct. 12, 1995

4

ORDER by Judge Saundra B. Armstrong denying application [3-1] ( Date Entered: 1/4/96) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 01/04/1996)

Jan. 3, 1996

Jan. 3, 1996

5

RETURN OF SERVICE on summons and complaint and related documents executed upon defendants on 1/8/96 [4:95-cv-03022] (cg, COURT STAFF) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

6

WAIVER OF SERVICE by defendant Fremont City of served on 1/19/96 in response to the Request for Waiver sent on Not mentioned [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 02/07/1996)

Feb. 6, 1996

Feb. 6, 1996

7

ORDER by Judge Saundra B. Armstrong that the City of Fremont's time to respond to the complaint herein iis extended to February 28, 1996 (Date Entered: 2/9/96) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 02/09/1996)

Feb. 6, 1996

Feb. 6, 1996

8

PROOF OF SERVICE by defendant City of Fremont of stipulation for extension of time to respond to complaint. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 02/23/1996)

Feb. 22, 1996

Feb. 22, 1996

9

ANSWER by defendant Fremont City of to complaint [1-1] [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

SUMMONS issued as to defendants on first amended complaint [4:95- cv-03022] (cg, COURT STAFF) (Entered: 03/06/1996)

March 3, 1996

March 3, 1996

10

First AMENDED COMPLAINT [1-1] by Plaintiffs; jury demand [4:95- cv-03022] (cg, COURT STAFF) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

11

LETTER dated March 4, 1996 from Thomas E. Frankovich re: filing a pleading on defendants who have not answered. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

12

ORDER by Judge Saundra B. Armstrong ileave is granted to plaintiffs to file their first amended complaint for injuntive relief, back pay and damages. (Date Entered: 3/5/96) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 03/05/1996)

March 4, 1996

March 4, 1996

RECEIVED letter from Thomas Frankovich re: age discrimination in employment act [4:95-cv-03022] (cg, COURT STAFF) (Entered: 03/06/1996)

March 5, 1996

March 5, 1996

13

First AMENDED COMPLAINT [1-1] by Plaintiffs; jury demand [4:95- cv-03022] (cg, COURT STAFF) (Entered: 03/08/1996)

March 7, 1996

March 7, 1996

14

STIPULATION and order to file first amended complaint filed by plaintiff [4:95-cv-03022] (cg, COURT STAFF) (Entered: 03/08/1996)

March 7, 1996

March 7, 1996

15

STIPULATION and ORDER by Judge Saundra B. Armstrong: to enlarge Rule 34 scheduling dates; Case Management Statement is due 6/11/96; Case Management Conference set for 3:00 on 7/10/96; disclosure is due 5/7/96 ; (cc: all counsel) [4:95-cv-03022] (kc, COURT STAFF) (Entered: 03/21/1996)

March 19, 1996

March 19, 1996

16

ANSWER by defendant West Covina City of to complaint [10-1] [4:95- cv-03022] (cg, COURT STAFF) (Entered: 03/28/1996)

March 27, 1996

March 27, 1996

17

ORDER by Judge Saundra B. Armstrong that time is extended through and until April 22, 1996 for defendants to file and serve their response (Date Entered: 4/2/96) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/02/1996)

April 1, 1996

April 1, 1996

18

PROOF OF SERVICE by state defendants of stipulation and order extending time to respond to first amended complaint [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/09/1996)

April 8, 1996

April 8, 1996

19

ANSWER by defendant Riverside County to complaint [1-1] [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

20

MOTION before Judge Saundra B. Armstrong by state defendants to dismiss complaint with Notice set for June 4, 1996 at 2:00 p.m. [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 04/23/1996)

April 22, 1996

April 22, 1996

22

REQUEST by defendants for judicial notice. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/23/1996)

April 22, 1996

April 22, 1996

23

ANSWER by defendant Orange City of to first amended complaint [10- 1] [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/23/1996)

April 23, 1996

April 23, 1996

24

RETURN OF SERVICE executed upon defendant CA Employees' Retire, defendant CA Board of Admin., defendant Harry Bubb, defendant Robert Carlson, defendant Richard "Bud" Carpenter, defendant Thomas Clark, defendant Kathleen Connell, defendant Jerry Cremins, defendant William Crist, defendant Michael Flaherman, defendant Matt Fong, defendant William "Bill" Rosenberg, defendant Kurato Shimada, defendant David Tarapelle, defendant Charles Valdes, defendant State of California, defendant CA Youth Authority, defendant CA Dept. of Cor., defendant West Covina City of, defendant Pete Wilson, defendant DMV, defendant Orange City of, defendant Riverside County, defendant Fremont City of on 3/6/96 [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/23/1996)

April 23, 1996

April 23, 1996

25

AMENDED MOTION before Judge Saundra B. Armstrong by defendant State of California to dismiss complaint with Notice set for June 18, 1996 at 2:00 p.m. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/25/1996)

April 25, 1996

April 25, 1996

26

CERTIFICATION of discussion of ADR options by defendant Riverside County . [4:95-cv-03022] (cg, COURT STAFF) (Entered: 05/01/1996)

April 29, 1996

April 29, 1996

27

LETTER dated May 11, 1996 from Timothy S. Thomesch re: renoticed by the state defendants form the original hearing date of June 4, 1996 to June 18, 1996. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 05/15/1996)

May 14, 1996

May 14, 1996

28

MEMORANDUM by Plaintiffs in opposition to state defendants' motion to dismiss. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 05/29/1996)

May 28, 1996

May 28, 1996

29

DECLARATION by Steven R. Pingel on behalf of Plaintiffs in opposition to state defendants' motion to dismiss. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 05/29/1996)

May 28, 1996

May 28, 1996

30

REQUEST by Plaintiffs for judicial notice [4:95-cv-03022] (cg, COURT STAFF) (Entered: 05/29/1996)

May 28, 1996

May 28, 1996

31

ORDER by Judge Saundra B. Armstrong setting hearing on motion to dismiss complaint [25-1] 2:00 7/30/96; that state defendants' reply to plaintiffs' opposiiton to motion to dismiss shall be served and filed with the Court by July 16, 1996. ( Date Entered: 6/6/96) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 06/06/1996)

June 4, 1996

June 4, 1996

32

ORDER by Judge Saundra B. Armstrong Case Management Conference set for 2:00 7/30/96 ; ( Date Entered: 6/6/96) (cc: all counsel) [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 06/06/1996)

June 4, 1996

June 4, 1996

33

PROOF OF SERVICE by defendant of order [31-1] [4:95-cv-03022] (scu, COURT STAFF) (Entered: 06/10/1996)

June 10, 1996

June 10, 1996

34

MOTION before Judge Saundra B. Armstrong by defendant Orange City of, defendant Fremont City of for judgment on the pleadings on behalf of the cities of West Covina, Fremont, and Orange with Notice set for July 30, 1996 at 2:00 p.m. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 06/25/1996)

June 25, 1996

June 25, 1996

35

MEMORANDUM by defendant Orange City of, defendant Fremont City of in support of motion for judgment on the pleadings on behalf of the cities of West Covina, Fremont, and Orange [34-1] [4:95-cv-03022] (cg, COURT STAFF) (Entered: 06/25/1996)

June 25, 1996

June 25, 1996

36

JOINDER by defendant Riverside County of Riverside in motion for judgment on the pleadings on behalf on the cities of West Covina, Fremont, an Orange. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 07/10/1996)

July 5, 1996

July 5, 1996

37

MEMORANDUM by Plaintiffs in opposition to City defendants' motion for judgment on the pleadings [4:95-cv-03022] (cg, COURT STAFF) (Entered: 07/10/1996)

July 9, 1996

July 9, 1996

38

ORDER by Judge Saundra B. Armstrong Case Management Conference set for 2:00 9/17/96; ( Date Entered: 7/15/96) (cc: all counsel) [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 07/15/1996)

July 12, 1996

July 12, 1996

39

REPLY by defendant Orange City of, defendant Fremont City in support of City defendants' motion for judgment on the pleadings. [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 07/16/1996)

July 16, 1996

July 16, 1996

40

State defendants' reply in support of motion to dismiss [25-1] [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 07/16/1996)

July 16, 1996

July 16, 1996

41

LETTER dated September 6, 1996 from Thomas E. Frankovich re: joint case management conference statement [4:95-cv-03022] (cg, COURT STAFF) (Entered: 09/11/1996)

Sept. 9, 1996

Sept. 9, 1996

42

Joint CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 09/12/1996)

Sept. 11, 1996

Sept. 11, 1996

43

LETTER dated September 21, 1996 re: response to a conversation with clerk last week [4:95-cv-03022] (cg, COURT STAFF) (Entered: 09/27/1996)

Sept. 24, 1996

Sept. 24, 1996

44

ORDER by Judge Saundra B. Armstrong granting motion for judgment on the pleadings on behalf of the cities of West Covina, Fremont, and Orange [34-1], granting motion to dismiss complaint [25-1] Case Management Conference set for 3:00 12/18/96 ; ( Date Entered: 11/13/96) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 11/13/1996)

Nov. 12, 1996

Nov. 12, 1996

46

ORDER by Judge Saundra B. Armstrong Case Management Conference set for 3:00 1/30/97; plaintiffs shall have until December 17, 1996 to file their second amended complaint ( Date Entered: 12/4/96) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 12/04/1996)

Dec. 3, 1996

Dec. 3, 1996

47

Second AMENDED COMPLAINT [1-1] by Plaintiff; jury demand [4:95- cv-03022] (cg, COURT STAFF) (Entered: 12/18/1996)

Dec. 17, 1996

Dec. 17, 1996

48

NOTICE OF MOTION AND MOTION by defendant West Covina City of, defendant Orange City of, defendant Fremont City of to dismiss case with Notice set for 3/11/97 at 2pm [4:95-cv-03022] (kk, COURT STAFF) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

49

MEMORANDUM by defendant West Covina City of, defendant Orange City of, defendant Fremont City of in support of motion to dismiss case [48-1] [4:95-cv-03022] (kk, COURT STAFF) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

50

REQUEST FOR JUDICIAL NOTICE by defendant West Covina City of, defendant Orange City of, defendant Fremont City of [4:95-cv-03022] (kk, COURT STAFF) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

51

ANSWER by defendant Riverside County to complaint [47-1] [4:95-cv- 03022] (kk, COURT STAFF) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

52

NOTICE OF MOTION AND MOTION by defendant CA Employees' Retire, defendant CA Board of Admin., defendant Harry Bubb, defendant Robert Carlson, defendant Richard "Bud" Carpenter, defendant Thomas Clark, defendant Kathleen Connell, defendant Jerry Cremins, defendant William Crist, defendant Michael Flaherman, defendant Matt Fong, defendant William "Bill" Rosenberg, defendant Kurato Shimada, defendant David Tarapelle, defendant Charles Valdes, defendant State of California, defendant CA Youth Authority, defendant CA Dept of Corr, defendant Pete Wilson, defendant DMV to dismiss case with Notice set for 3/11/97 at 2pm [4:95-cv-03022] (kk, COURT STAFF) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

53

MEMORANDUM by state defendants in support of motion to dismiss case [52-1] [4:95-cv-03022] (kk, COURT STAFF) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

54

JOINDER by defendant Riverside County in motion to dismiss on behalf of the cities of West Covina, Fremont, and Orange [4:95-cv-03022] (cg, COURT STAFF) (Entered: 02/21/1997)

Feb. 20, 1997

Feb. 20, 1997

55

ORDER by Judge Saundra B. Armstrong setting hearing on motion to dismiss case [48-1] 2:00 5/6/97; plaintiffs shall have up to and including April 15, 1997 to file their opposition to defendants' motion to dismiss second amended complaint and defendants shall have up to and including April 22, 1997 to file their reply ( Date Entered: 3/5/97) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 03/05/1997)

March 4, 1997

March 4, 1997

56

MEMORANDUM by Plaintiffs in opposition to City defendants' motion to dismiss [4:95-cv-03022] (scu, COURT STAFF) (Entered: 04/15/1997)

April 15, 1997

April 15, 1997

57

MEMORANDUM by Plaintiffs in opposition to state defendants' motion to dismiss [4:95-cv-03022] (scu, COURT STAFF) (Entered: 04/15/1997)

April 15, 1997

April 15, 1997

58

Declaration of Irene K. Tamura in support of ex parte motion for extension of time to file reply brief. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

59

ORDER by Judge Saundra B. Armstrong that State Defendants shall have until April 29, 1997 to file and serve their reply brief. The hearing scheduled for May 6, 1997, is continued to May 20, 1997 at 2:00 p.m. Pursuant to Civil Rule 7-1(b) the Court may adjudicate the matter without oral argument (Date Entered: 4/23/97) (cc: all counsel) [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

60

Reply in support of motion to dismiss on behalf of the Cities of West Covina, Fremont, and Orange. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/25/1997)

April 22, 1997

April 22, 1997

61

MEMORANDUM of points and authorities in reply to opposition to State defendants' motion to dismiss. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/30/1997)

April 29, 1997

April 29, 1997

62

Declaration of Martha Barger in support State Defendatns' reply to opposition to motion to dismiss. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 04/30/1997)

April 29, 1997

April 29, 1997

63

PROOF OF SERVICE by state defendants of ex parte motion for extension of time to file reply brief. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 05/05/1997)

April 30, 1997

April 30, 1997

64

ORDER by Judge Saundra B. Armstrong setting hearing on motion to dismiss case [52-1] 2:00 7/15/97 ( Date Entered: 5/20/97) (cc: all counsel) [4:95-cv-03022] (cg, COURT STAFF) (Entered: 05/20/1997)

May 19, 1997

May 19, 1997

65

MEMORANDUM by Plaintiffs in opposition to motion to dismiss. [4:95- cv-03022] (cg, COURT STAFF) (Entered: 06/04/1997)

June 4, 1997

June 4, 1997

66

REQUEST by Plaintiffs for judicial notice. [4:95-cv-03022] (cg, COURT STAFF) (Entered: 06/04/1997)

June 4, 1997

June 4, 1997

67

OPPOSITION by Plaintiff Ronald Arnett, Plaintiff Harold Bailey, Plaintiff Jim Bean, Plaintiff Marguerette Howard, Plaintiff Joycelyn Keller, Plaintiff Wayne E. Lord, Plaintiff Diane S. Militano to motion to dismiss case [52-1], motion to dismiss case [48-1] [4:95-cv-03022] (mmr, COURT STAFF) (Entered: 06/05/1997)

June 4, 1997

June 4, 1997

68

OPPOSITION by Plaintiff Ronald Arnett, Plaintiff Harold Bailey, Plaintiff Jim Bean, Plaintiff Marguerette Howard, Plaintiff Joycelyn Keller, Plaintiff Wayne E. Lord, Plaintiff Diane S. Militano to motion to dismiss case [52-1], motion to dismiss case [48-1] (no original signature) [4:95-cv-03022] (mmr, COURT STAFF) (Entered: 06/05/1997)

June 4, 1997

June 4, 1997

70

MEMORANDUM by State defendants in support of motion to dismiss case [52-1]. Notice set for 7/15/97 at 2:00 pm [4:95-cv-03022] (mmr, COURT STAFF) (Entered: 06/17/1997)

June 17, 1997

June 17, 1997

71

Supplemental brief re: disparate impact in support of motion to dismiss on behalf of the Cities of West Covina, Fremont and Orange [4:95-cv- 03022] (cg, COURT STAFF) (Entered: 06/19/1997)

June 17, 1997

June 17, 1997

72

Reassignment ORDER by Judge Charles R. Breyer vacating hearing re motion to dismiss case [52-1], vacating hearing re motion to dismiss case [48-1] referring to Judge Charles R. the motion to dismiss case [52-1], referring to Judge Charles R. Breyer the motion to dismiss case [48-1] All status and case management conference dates are vacated , Case reassigned to Judge Charles R. Breyer, Courtroom 8 19th Floor, 450 Golden Gate Ave, San Francisco, CA ( Date Entered: 12/5/97) (cc: all counsel) [4:95-cv-03022] (mmr, COURT STAFF) (Entered: 12/05/1997)

Dec. 5, 1997

Dec. 5, 1997

73

CASE MANAGEMENT STATEMENT filed by plaintiffs. [3:95-cv- 03022] (mcl, COURT STAFF) (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

74

CLERK'S NOTICE Initial Case Management Conference set for 2:30 1/12/98 ; [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 01/07/1998)

Jan. 5, 1998

Jan. 5, 1998

75

MINUTES: ( C/R none) ( Hearing Date: 1/12/98) Initial Case Management Conference held ; further case management conference set for 10:00 2/27/98 ; setting hearing on motion to dismiss case [52-1] 10:00 2/27/98, setting hearing on motion to dismiss case [48-1] 10:00 2/27/98 [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 01/14/1998)

Jan. 12, 1998

Jan. 12, 1998

76

NOTICE by Plaintiffs of change of address of counsel : LEMAIRE FAUNCE PINGLE & SINGER, 3030 Old Ranch Parkway, Ste 100, Seal Beach, CA 90740 ; tel. no. (310) 493-9360. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

77

LETTER dated 2/16/98 from Irene K. Tamura to Judge Breyer re issues raised in the motion to dismiss. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 02/19/1998)

Feb. 18, 1998

Feb. 18, 1998

78

LETTER dated 2/20/98 from Thomas E. Frankovich to Judge Breyer re enclosed binder containing major pleadings and copy of index. [3:95-cv- 03022] (mcl, COURT STAFF) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

79

LETTER dated 2/20/98 from Thomas E. Frankovich to Judge Breyer re additional authorities re motion to dismiss. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

80

MINUTES: ( C/R Rhonda Aquilina) ( Hearing Date: 2/27/98) that defendant's motion to dismiss case [52-1] is submitted [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 03/02/1998)

Feb. 27, 1998

Feb. 27, 1998

82

JUDGMENT: by Judge Charles R. Breyer that judgment be entered in favor of defendants against plaintiffs ( Date Entered: 3/4/98) (cc: all counsel) [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 03/04/1998)

March 2, 1998

March 2, 1998

83

ORDER by Judge Charles R. Breyer : case NOT related to C-97-21148 ( Date Entered: 3/11/98) (cc: all counsel) [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 03/11/1998)

March 6, 1998

March 6, 1998

84

NOTICE by defendant West Covina City of of entry of judgment. [3:95- cv-03022] (mcl, COURT STAFF) (Entered: 03/11/1998)

March 11, 1998

March 11, 1998

85

REPORTER'S TRANSCRIPT; Date of proceedings: 2/27/98 ( C/R: Rhonda L. Aquilina) [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

86

NOTICE OF APPEAL by Plaintiff from Dist. Court decision judgment [82-1], order [81-1] Fee status pd, receipt # 130822. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

Docket fee notification form and case information sheet to USCA [86-1] [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 04/03/1998)

April 3, 1998

April 3, 1998

Copy of notice of appeal and docket sheet to all counsel [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 04/03/1998)

April 3, 1998

April 3, 1998

87

TRANSCRIPT DESIGNATION and Ordering Form filed by Plaintiff for dates 2/27/98 ; C/R: Rhonda Aquilina; appeal [86-1] [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 04/10/1998)

April 9, 1998

April 9, 1998

NOTIFICATION by Circuit Court of Appellate Docket Number 98- 15574 [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 04/13/1998)

April 13, 1998

April 13, 1998

CERTIFICATE of Record mailed to USCA, counsel notified. [3:95-cv- 03022] (mcl, COURT STAFF) (Entered: 04/14/1998)

April 14, 1998

April 14, 1998

88

RECEIPT from USCA for certificate of record. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

89

COPY of USCA Order: re [86-1] Appellees' joint motion for extension of time to file the answering brief is granted. The answering briefs are due October 2, 1998. The optional reply briefs are due 14 days from service of the answering briefs. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 09/09/1998)

Sept. 8, 1998

Sept. 8, 1998

RECORD on Appeal to USCA re appeal [86-1] [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 02/18/1999)

Feb. 18, 1999

Feb. 18, 1999

90

RECEIPT from USCA of clerk's record on appeal [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

92

COPY of judgment from USCA reversing and remanding the Decision of the District Court [Appeal [86-1] Costs taxed in the amount of $806.45 [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 08/31/1999)

Aug. 30, 1999

Aug. 30, 1999

93

CLERK's letter spreading the mandate to counsel. re appeal [86-1] [3:95- cv-03022] (mcl, COURT STAFF) (Entered: 09/13/1999)

Sept. 13, 1999

Sept. 13, 1999

94

CLERK'S NOTICE Case Management Conference set for 8:30 9/17/99 ; [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

95

MINUTES: ( C/R none) ( Hearing Date: 9/17/99) Further Case Management Conference held and continued to 8:30 10/29/99 [3:95-cv- 03022] (mcl, COURT STAFF) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

96

STIPULATION and ORDER by Judge Charles R. Breyer : Deadline for all motion filings is 11/8/99 ; Case Management Statement is due 10/5/99 ; Case Management Conference continued to 8:30 10/8/99 (cc: all counsel) [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

96

LETTER dated 10/22/99 from Thomas E. Frankovich to Judge Breyer requesting one-day extension to file Joint Case Management Statement. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

97

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed by plaintiff, defendants. [3:95-cv-03022] (mcl, COURT STAFF) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Private Employment Class Actions

Key Dates

Filing Date: Aug. 28, 1995

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

California State 'safety employees' who were age 40 or older at time of hire, and were subject to California Public Employees Retirement System

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of California,, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Fire

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - 2008

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination