Case: Erie County Retirees v. Erie County, PA

U.S. Court of Appeals for the Third Circuit

COMPLAINT ; jury demand Filing Fee $ 150.00 Receipt # 126936 (mad) (Entered: 09/18/1998)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN for Preliminary Injunction with Proposed Order. (mad) (Entered: 09/18/1998)

BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN in support of [2−1] motion for Preliminary Injunction by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 09/18/1998)

NOTICE of Attorney Appearance for COUNTY OF ERIE, PA by Richard A. Lanzillo, Mark J. Kuhar (mad) (Entered: 09/22/1998)

Initial Status Conference set for 10:00 9/25/98 before McLaughlin, J. (mad) (Entered: 09/23/1998)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN to approve maintenance of this action as an Opt−In Class Action, to certify the Members of the Class, and to approve the form of notice to Class Members and consents to Opt−In with Proposed Order. (mad) (Entered: 09/25/1998)

Status Conference held 9/25/98 @ 10:00 am before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Response to motion for Prl. Inj. w/brief in support due w/in 20 days or 10/15/98. A brief in support of motion to certify w/in 10 days and a reply 10 days after that. Expedited discovery be concluded by 11/9/98. A reply to deft's response w/in 5 days for the motion for Prl. Injunction. (mad) Modified on 09/19/2000 (Entered: 09/25/1998)

NOTICE of Attorney Appearance for ERIE COUNTY EMPLOYEE by John E. Cooper (mad) (Entered: 10/01/1998)

BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN in support of [6−1] motion to approve maintenance of this action as an Opt−In Class Action, to certify the Members of the Class, and to approve the form of notice to Class Members and consents to Opt−In by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 10/05/1998)

WAIVER OF SERVICE Returned Executed as to ERIE COUNTY EMPLOYEE on 9/18/98 Answer due on 11/17/98 for ERIE COUNTY EMPLOYEE (mad) (Entered: 10/09/1998)

MOTION by COUNTY OF ERIE, PA to Extend BRIEFING SCHEDULE with Proposed Order. (mad) Modified on 03/22/2002 (Entered: 10/14/1998)

ORDER upon motion granting [11−1] motion to Extend BIEFING SCHEDULE, Brief in Opposition set to 10/22/98 for [6−1] motion to approve maintenance of this action as an Opt−In Class Action, to certify the Members of the Class, and to approve the form of notice to Class Members and consents to Opt−In, set to 10/22/98 for [2−1] motion for Preliminary Injunction ( signed by Judge Sean J. McLaughlin on 10/15/98 ) CM all parties of record. (mad) (Entered: 10/15/1998)

BRIEF by ERIE COUNTY RETIREES in opposition to [2−1] motion for Preliminary Injunction by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 10/22/1998)

RESPONSE by COUNTY OF ERIE, PA to [6−1] motion to approve maintenance of this action as an Opt−In Class Action, to certify the Members of the Class, and to approve the form of notice to Class Members and consents to Opt−In by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 11/23/1998)

BRIEF by ERIE COUNTY EMPLOYEE in opposition to [2−1] motion for Preliminary Injunction by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 11/24/1998)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN for Partial Summary Judgment with Proposed Order. (mad) (Entered: 01/14/1999)

BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN in support of [16−1] motion for Partial Summary Judgment by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 01/14/1999)

APPENDIX to [16−1] motion for Partial Summary Judgment by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 01/14/1999)

ORDER, that the defts file a Brief in Opposition set to 2/5/99 for [16−1] motion for Partial Summary Judgment ( signed by Judge Sean J. McLaughlin on 1/15/99 ) CM all parties of record. (mad) (Entered: 01/15/1999)

ANSWER to Complaint by ERIE COUNTY EMPLOYEE (Attorney John E. Cooper ) (mad) (Entered: 01/19/1999)

Status Conference set for 1:30 2/10/99 before McLaughlin, J. (mad) (Entered: 01/21/1999)

MOTION by COUNTY OF ERIE, PA to Extend Time to file brief in opposition to motion for summary judgment with Proposed Order. (mad) (Entered: 02/02/1999)

ORDER upon motion granting [22−1] motion to Extend Time to file brief in opposition to motion for summary judgment, Brief in Opposition set to 2/26/99 for [16−1] motion for Partial Summary Judgment ( signed by Judge Sean J. McLaughlin on 2/2/99 ) CM all parties of record. (mad) (Entered: 02/02/1999)

Status Conference held 2/10/99 @ 1:32 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Pltfs' motion (document #2) for preliminary injunction is withdrawn without prejudice to be refiled in the future, if appropriate. Defts fore swear any intention to file a motion for Rule 11 sanctions. Oral argument will be set following receipt of all briefs on summary judgment motions. Pltfs' motion (document #6) to approve maintenance of this action as an opt−in class action, to certify the member of the class, and to approve the form of notice to class members and consents to opt−in is GRANTED. (mad) Modified on 09/19/2000 (Entered: 02/10/1999)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN to approve Stipulation to add Members to Class, to amend Notices to Class Members and Consents to Opt−In, and to extend the deadlines to send notices and file Consents with Proposed Order. (mad) (Entered: 02/24/1999)

ORDER upon motion granting [24−1] motion to approve Stipulation to add Members to Class, to amend Notices to Class Members and Consents to Opt−In, and to extend the deadlines to send notices and file Consents ( signed by Judge Sean J. McLaughlin on 2/24/99 ) CM all parties of record. (mad) (Entered: 02/24/1999)

CONSENTS TO JOIN CLASS ACTION (FIRST FILING) (mad) (Entered: 03/02/1999)

MOTION by COUNTY OF ERIE, PA for Partial Summary Judgment with Proposed Order. (mad) (Entered: 03/02/1999)

BRIEF by COUNTY OF ERIE, PA in opposition to [16−1] motion for Partial Summary Judgment by LYMAN H. COHEN, ERIE COUNTY RETIREES AND in support of the County's Cross−Motion for partial Summary Judgment (mad) (Entered: 03/02/1999)

APPENDIX to [26−1] motion for Partial Summary Judgment by COUNTY OF ERIE, PA (mad) (Entered: 03/02/1999)

REPLY BRIEF IN SUPPORT by ERIE COUNTY RETIREES, LYMAN H. COHEN of their motion for partial summary judgment and in opposition to deft's motion for partial summary judgment (mad) (Entered: 03/16/1999)

Hearing on Motion re: [26−1] motion for Partial Summary Judgment by COUNTY OF ERIE, PA set for 9:00 4/30/99 before McLaughlin, J. (mad) (Entered: 03/19/1999)

SUPPLEMENT by ERIE COUNTY RETIREES, LYMAN H. COHEN to [25−1] remark (mad) (Entered: 03/24/1999)

CONSENTS TO JOIN CLASS ACTION (THIRD FILING) (mad) (Entered: 03/26/1999)

Hearing on Motion held re: [26−1] motion for Partial Summary Judgment by COUNTY OF ERIE, PA, [16−1] motion for Partial Summary Judgment by LYMAN H. COHEN, ERIE COUNTY RETIREES [ Reporter: Darlene Traficanti] (mad) (Entered: 05/03/1999)

Status Conference held 9/7/99 @ 3:00 pm before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Parties will be permitted to file supplemental briefs, on or before 9/13/99 addressing the applicability of the older workers benefit protection act to retirees. (mad) (Entered: 09/07/1999)

SUPPLEMENTAL BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN on the Applicability of the ADEA to Retirees (mad) (Entered: 09/13/1999)

SUPPLEMENTAL BRIEF by ERIE COUNTY EMPLOYEE (mad) (Entered: 09/13/1999)

Status Conference held 9/16/99 @ 10:55 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Deft is directed to file its requested supplemental affidavit by Mondy, 9/20/99 (sealed) Modified on 09/19/2000 (Entered: 09/16/1999)

AFFIDAVIT by Edward C. Althof (mad) (Entered: 09/20/1999)

ORDER denying [16−1] motion for Partial Summary Judgment granting [26−1] motion for Partial Summary Judgment, for judgment in favor of defendant as to Count 1 in accordance with the terms of the accompanying Memorandum Opinion ( signed by Judge Sean J. McLaughlin on 9/30/99 CM all parties of record. (nk) (Entered: 09/30/1999)

Status Conference set for 10:00 AM on 10/12/99 before Judge McLaughlin. (nk) (Entered: 10/08/1999)

Status Conference held 10/12/99 @ 10:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Plts withdraw all remaining aspects of their ADEA claims. The Court will take under advisement the parties' request for continued supplemental jurisdiction over Count II pursuant to 28:1367. The Court will subsequently enter an order indicating whether or not it will continue to exercise supplemental jurisdiction over Count II. (mad) (Entered: 10/18/1999)

ORDER, for the reasons set forth above, that pltfs' state law claims under Count II of the Complaint are Dismissed without prejudice to 28:1367. ( signed by Judge Sean J. McLaughlin on 10/18/99 ) CM all parties of record. (mad) (Entered: 10/18/1999)

Case closed (mad) (Entered: 10/18/1999)

STATEMENT OF ISSUES PURSUANT TO F.R.A.P. 10(B)(3)(A) (mad) (Entered: 10/26/1999)

CERTIFICATION PURSUANT TO F.R.A.P. 10 (b)(1)(B) (mad) (Entered: 10/26/1999)

NOTICE OF APPEAL by ERIE COUNTY RETIREES, LYMAN H. COHEN from [43−1] order Dismissed dated 10/18/99 FILING FEE $ 105.00 RECEIPT # 00000076 TPO issued. (mad) (Entered: 10/26/1999)

Certified copy of Notice of Appeal [46−1] appeal by LYMAN H. COHEN, ERIE COUNTY RETIREES , certified copy of docket, certified copy of order dated 10/18/99 mailed to USCA; copy of Notice of Appeal and information sheet to ERIE COUNTY RETIREES, LYMAN H. COHEN , court reporter(s), and judge. Copy of information sheet to appellant. (mad) (Entered: 10/26/1999)

NOTICE of Docketing ROA from USCA Re: [46−1] appeal by LYMAN H. COHEN, ERIE COUNTY RETIREES USCA Number: 99−3877 (mad) (Entered: 11/01/1999)

Transcript Purchase order re: [46−1] appeal by LYMAN H. COHEN, ERIE COUNTY RETIREES by ERIE COUNTY RETIREES NONE (mad) (Entered: 11/09/1999)

Record complete for Appeal purposes, certified copy of docket entries forwarded to USCA. (mad) (Entered: 11/09/1999)

TRANSCRIPT Status Conference before McLaughlin, J. for date of 10/12/99. Court Reporter: Ronald J. Bench. (mad) (Entered: 04/17/2000)

SLIP OPINION from USCA. (mad) (Entered: 08/09/2000)

Status Conference set for 9:00 9/19/00 before McLaughlin, J. (mad) (Entered: 09/15/2000)

Certified copy of JUDGMENT issued in lieu of a formal mandate received from USCA re: [46−1] appeal by LYMAN H. COHEN, ERIE COUNTY RETIREES that the order for partial summary judgment of the district court entered 9/30/99, is hereby reversed. We remand the matter to the district court for further proceedings consistent with the opinion. Costs taxed against appellees. Costs Taxed in favor of appellants as follows: Briefs, Appendix and Docketing Fee $598.17. (mad) Modified on 09/19/2000 (Entered: 09/18/2000)

Case reopened (mad) (Entered: 09/18/2000)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN for Partial Summary Judgment with Proposed Order. Per document # 50. (mad) (Entered: 09/28/2000)

NOTICE of change of address of Daniel Pastore counsel for pltf by ERIE COUNTY RETIREES, LYMAN H. COHEN as follows: 5401 Uhlman Road Fairview, PA 16415. Phone (814) 823−6136. (mad) (Entered: 09/19/2000)

Case Management Conference held 9/19/00 @ 9:05 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Clerk to re−file (unterminate) Document # 16 as a result of Circuit decision. Counsel for deft will notify US of Discovery or supplemental brief; Pltf's supplemental brief due 10/2/00, Deft due 10/9/00. (mad) (Entered: 09/19/2000)

SUPPLEMENT by ERIE COUNTY RETIREES, LYMAN H. COHEN to [17−1] support brief by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 09/27/2000)

SUPPLEMENT BRIEF by COUNTY OF ERIE, PA to Equal Benefit (nk) (Entered: 10/04/2000)

Settlement Conference set for 1:30 PM on 10/11/00 before Judge McLaughlin. (nk) (Entered: 10/06/2000)

Status Conference held 10/18/00 @ 10:20 am before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Parties to advise Court of Status w/in 10 days. (mad) (Entered: 10/18/2000)

Status Conference held 1/17/01 @ 2:50 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] (mad) (Entered: 01/17/2001)

Hearing ORAL ARGUMENT on Motion re: [0−1] motion for Partial Summary Judgment by LYMAN H. COHEN, ERIE COUNTY RETIREES set for 1:30 2/14/01 before McLaughlin, J. (mad) (Entered: 02/12/2001)

ORDER that the Transcript of the argument held before McLaughlin, J. on 2/14/01 be filed with the Court. All costs to be BORNE by the Court. ( signed by Judge Sean J. McLaughlin on 2/21/01 ) CM all parties of record. (mad) (Entered: 02/21/2001)

NOTICE from the Supreme Court of the United States by the USCA. (mad) Modified on 03/22/2002 (Entered: 03/16/2001)

TRANSCRIPT if Proceedings before McLaughlin, J. for date of 2/15/01. Court Reporter: Annette Seager. (mad) (Entered: 03/28/2001)

Tele−conference held 4/10/01 @ 11:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] (mad) (Entered: 04/10/2001)

MEMORANDUM OPINION AND ORDER denying [26−1] motion for Partial Summary Judgment, granting [16−1] motion for Partial Summary Judgment ( signed by Judge Sean J. McLaughlin on 4/16/01 ) CM all parties of record. (mad) (Entered: 04/17/2001)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN to add class members with Proposed Order. (mad) (Entered: 04/25/2001)

BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN in support of [65−1] motion to add class members by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 04/25/2001)

Status Conference held 4/25/01 2:30 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Parties are to advise the court prior to or as May 15th whether a settlement can be reached, if the parties are unable to reach a settlement, Deft's motion and supporting brief on liquidated damages and loss of choice are due on 6/4 &Pltf's response due on 6/14th, and pltfs' motion and supporting brief on the issue of offset due 6/4 and deft's response due 6/14. (mad) (Entered: 04/30/2001)

Deadline updated; Deft's set Motion and supporting brief on liquidated damages and loss of choice are due Filing deadline to 6/4/01 , Pltf's response due on Response to Motion set to 6/14/01 , and pltf's motion and supporting brief on the issue of offset due set Motion Filing deadline to 6/4/01 , and Deft's response due Response to Motion set to 6/14/01 for [65−1] motion to add class members (mad) (Entered: 04/30/2001)

RESPONSE by COUNTY OF ERIE, PA to [65−1] motion to add class members by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 05/03/2001)

BRIEF by COUNTY OF ERIE, PA in support of its response to pltf's motion to add Class Members (mad) Modified on 05/17/2001 (Entered: 05/03/2001)

REPLY BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN in support of [65−1] motion to add class members by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 05/09/2001)

Status Conference held 5/21/01 @ 10:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Motion to Add New Class Member (Doc. 65) taken under advisement (mad) (Entered: 05/21/2001)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN in Limine Re: Offset of Damages with Proposed Order. (mad) (Entered: 06/05/2001)

BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN in support of [72−1] motion in Limine Re: Offset of Damages by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 06/05/2001)

MOTION by COUNTY OF ERIE, PA, ERIE COUNTY EMPLOYEE in Limine with Proposed Order. (mad) (Entered: 06/05/2001)

BRIEF IN RESPONSE by COUNTY OF ERIE, PA, ERIE COUNTY EMPLOYEE to pltfs' first Motion in Lime Re: Offset of Damages (mad) (Entered: 06/12/2001)

BRIEF by ERIE COUNTY RETIREES, LYMAN H. COHEN in opposition to [74−1] motion in Limine by ERIE COUNTY EMPLOYEE, COUNTY OF ERIE, PA (mad) (Entered: 06/15/2001)

AFFIDAVIT by ERIE COUNTY RETIREES, LYMAN H. COHEN Daniel J. Pastore Re: [77−1] brief in opposition by LYMAN H. COHEN, ERIE COUNTY RETIREES (mad) (Entered: 06/15/2001)

REPLY BRIEF by COUNTY OF ERIE, PA in support of [74−1] motion in Limine by ERIE COUNTY EMPLOYEE, COUNTY OF ERIE, PA (mad) (Entered: 06/22/2001)

Hearing on Motion re: [74−1] motion in Limine by ERIE COUNTY EMPLOYEE, COUNTY OF ERIE, PA set for 9:00 7/21/01, [72−1] motion in Limine Re: Offset of Damages by LYMAN H. COHEN, ERIE COUNTY RETIREES set for 9:00 7/12/01, [65−1] motion to add class members by LYMAN H. COHEN, ERIE COUNTY RETIREES set for 9:00 7/12/01 (mad) (Entered: 06/28/2001)

Hearing on Motion held 7/12/01 @ 9:00 a.m. before McLaughlin, J. re: [74−1] motion in Limine by ERIE COUNTY EMPLOYEE, COUNTY OF ERIE, PA, [72−1] motion in Limine Re: Offset of Damages by LYMAN H. COHEN, ERIE COUNTY RETIREES, [65−1] motion to add class members by LYMAN H. COHEN, ERIE COUNTY RETIREES [ Reporter: Ron Bench] Motions taken under advisement. (mad) (Entered: 07/12/2001)

MEMORANDUM OPINION AND ORDER denying [65−1] motion to add class members ( signed by Judge Sean J. McLaughlin on 8/23/01 ) CM all parties of record. (mad) Modified on 08/30/2001 (Entered: 08/23/2001)

MEMORANDUM OPINION AND ORDER denying [72−1] motion in Limine Re: Offset of Damages ( signed by Judge Sean J. McLaughlin on 8/23/01 ) CM all parties of record. (mad) Modified on 08/30/2001 (Entered: 08/23/2001)

TRANSCRIPT of Hearing on pending motions for date of 7/12/01 before McLaughlin, J. Court Reporter: Ronald J. Bench. (mad) (Entered: 08/23/2001)

MEMORANDUM OPINION AND ORDER granting in part, denying in part [74−1] motion in Limine ( signed by Judge Sean J. McLaughlin on 8/23/01 ) CM all parties of record. (mad) (Entered: 09/12/2001)

Status Conference held 9/13/01 before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Settlement Conference planned − parties will call with dates. (mad) (Entered: 09/13/2001)

Settlement Conference set for 9:00 10/11/01 before McLaughlin, J. (mad) (Entered: 09/14/2001)

CASE MANAGEMENT ORDER setting Discovery cutoff on 1/11/02 ; Pretrial Statements for Plaintiffs due 3/12/02 ; Pretrial Statements for Defendants due 4/2/02 ; Motion Filing deadline due 1/31/02 ; Response to motions due 2/20/02 ; ( signed by Judge Sean J. McLaughlin on 9/14/01 ) CM all parties of record. (mad) (Entered: 09/14/2001)

CASE DESIGNATED to Track 2. (mad) (Entered: 09/14/2001)

Settlement Conference held before Judge Sean J. McLaughlin [ Reporter: Ron Bench ]. Erie county retirees settlement/status rescheduled to 11−1−01 at 9 AM once relevant data is provided by Highmark. (sdp) (Entered: 10/11/2001)

MOTION by ERIE COUNTY RETIREES, LYMAN H. COHEN to Compel with Proposed Order. (mad) (Entered: 10/15/2001)

CERTIFICATE OF SERVICE by ERIE COUNTY RETIREES, LYMAN H. COHEN Re: Copy of the Court's Order of 10/15/01. (mad) (Entered: 10/17/2001)

ORDER upon motion granting [90−1] motion to Compel ( signed by Judge Sean J. McLaughlin on 10/15/01 ) CM all parties of record. (mad) Modified on 10/18/2001 (Entered: 10/18/2001)