University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name VASZLAVIK v. STORAGE TEK CORP EE-CO-0064
Docket / Court 95-CV-02525 ( D. Colo. )
State/Territory Colorado
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On October 2, 1995, former employees of Storage Tek Corporation filed a lawsuit under ERISA, the ADEA, and the ADA, against Storage Tek in the United States District Court, District of Colorado. The plaintiffs, represented by private counsel, asked the court for injunctive, declaratory, and ... read more >
On October 2, 1995, former employees of Storage Tek Corporation filed a lawsuit under ERISA, the ADEA, and the ADA, against Storage Tek in the United States District Court, District of Colorado. The plaintiffs, represented by private counsel, asked the court for injunctive, declaratory, and compensatory relief, claiming that they were wrongfully discharged. Specifically, plaintiffs claimed that they were treated less favorably than younger employees as a result of a company-wide strategy to reduce costs and its older workforce.

On November 26, 1997, the District Court (Judge Lewis Babcock) granted Plaintiffs' motion to certify an ADEA collective action but denied the motion to certify an ERISA class action. The Court found that conditional certification of an ADEA action was appropriate because Plaintiffs had shown that members of the proposed class were negatively impacted by Defendant's "Strategic Plan." However, the Court declined to certify an ERISA class action because Plaintiffs' proposed class definition was over-inclusive. Vaszlavik v. Storage Tek Corp., 175 F.R.D. 672 (D. Col. 1997).

The Court granted Plaintiffs' second motion to certify an ERISA class action on November 9, 1998. The Court found that Plaintiffs' revised class definition was adequate to define the class. The ERISA class was defined as: "all employees who were over the age of 40 at the time of their layoffs by employer, between April 13, 1993, and Dec. 31, 1996, because of their perceived above-average use or perceived anticipated above-average use of company benefits." Vaszlavik v. Storage Tek Corp., 183 F.R.D. 264 (D. Col. 1998).

On March 9, 2000, the Court approved the parties' settlement and dismissed the case. The settlement provided $5 million to members of the ADEA class and injunctive and declaratory relief to members of the ERISA class. Vaszlavik v. Storage Tek Corp., 2000 U.S.Dist.LEXIS 21129 (D. Col. Mar. 9, 2000). On the same day, the Court also granted Plaintiffs' counsel approximately $1.8 million in fees and costs.

The case has thus been resolved and was closed in March 2000.

Haley Waller - 08/19/2010


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Issues and Causes of Action
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Issues
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001
Defendant(s) Storage Tek Corporation
Plaintiff Description Former employees of Storage Tek Corporation alleging wrongful termination as a result of company-wide age discrimination.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2000
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:95-cv-02525-LTB (D. Colo.) 07/26/2005
EE-CO-0064-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
MEMORANDUM OPINION & ORDER (Granting motion to certify ADEA collection action and denying motion to certify ERISA class action) 11/26/1997 (175 F.R.D. 672) (D. Colo.)
EE-CO-0064-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
MEMORANDUM OPINION AND ORDER (Granting second motion to certify ERISA class action) 11/09/1998 (183 F.R.D. 264) (D. Colo.)
EE-CO-0064-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
ORDER GRANTING CLASS COUNSEL’S PETITION FOR ATTORNEY FEES AND COSTS 03/09/2000 (2000 U.S.Dist.LEXIS 21140) (D. Colo.)
EE-CO-0064-0001.pdf | LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER APPROVING CLASS SETTLEMENT AND DISMISSING CLASS CLAIMS WITH PREJUDICE 03/09/2000 (2000 U.S.Dist.LEXIS 21129) (D. Colo.)
EE-CO-0064-0004.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Babcock, Lewis Thornton (D. Colo.)
EE-CO-0064-0001 | EE-CO-0064-0002 | EE-CO-0064-0003 | EE-CO-0064-0004 | EE-CO-0064-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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