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Garcia, et al. v. 3M Company (United States District Court, District of Northern California)

On May 4, 2009, plaintiffs Ronald K. Brooks, Arthur J. Garcia, Betty Jean Norman, Roderick Vold, Robert Elander, and John Lynn filed this lawsuit on behalf of themselves and other persons similarly situated. The best way to understand the case is to read the Complaint. It alleges that 3M violated the federal Age Discrimination in Employment Act by policies, practices and patterns of decisions related to performance appraisals, training, promotion, pay and termination that discriminate against employees over the age of 45. The Complaint further asks the Court to declare that persons who signed a release when they left 3M can still participate in this lawsuit on the grounds that the release is illegal and invalid. Plaintiffs anticipate that in excess of 6,000 current and former salaried exempt and non-exempt employees may be eligible to opt in to this lawsuit.

Federal Age Discrimination Case Updates

09.15.09 / The parties have completed their written arguments with respect to 3M's Motion to Transfer and Judge Whyte will hear oral argument on Friday, September 25, 2009.  On that same day the parties will participate in an Initial Case Management Conference with the Judge.   We continue to invite any interested persons to contact us for information about opting in and will file opt-ins as they are completed.  We also are interested in talking with employees and former employees about their experiences of age discrimination at 3M.

8.04.09 / To date, 91 persons have filed opt-in forms with the Court.  We continue to invite any interested persons to contact us for information about opting in and will file opt-ins as they are completed.  We also are interested in talking with employees and former employees about their experiences of age discrimination at 3M.

Plaintiffs are preparing their opposition to 3M's motion to transfer this case from California to Minnesota.  The parties also are conferring about a pretrial schedule in preparation for a meeting with Judge White that will occur on September 25, 2009, the same day as the hearing on the transfer motion. 

7.6.09 / 3M has filed its Answer to plaintiffs' Complaint.  As expected, 3M denied the allegations in the Complaint and claimed that it treated employees fairly and did not discriminate against them.  Also expected, 3M pleaded many affirmative defenses, including that the releases signed by some plaintiffs and opt-ins bar their claims.  

3M also filed a motion to transfer this case (change the venue) from California to the federal court in Minnesota.  The Court will hear oral argument on this motion on September 25, 2009 prior to the Case Management Conference.  Plaintiffs will file their opposition papers in early September.    

The case has now been assigned to District Judge Ronald M. Whyte for all case proceedings and to Magistrate Judge Patricia V. Trumbull for all discovery matters.  The Judge will have a Case Management Conference on September 25, 2009 with the attorneys on the case.  

To date, 81 persons have now filed opt-in forms with the Court.  We continue to invite any interested persons to contact us for information about opting in and will file opt-ins as they are completed. 

6.8.09 / So far, 75 persons have filed opt-in forms with the Court.  We invite any interested persons to contact us for information about opting in and will continue to file opt-ins as they are completed.  In the meantime, 3M has until July 7, 2009 to answer the Complaint or respond in some other manner.  This means that 3M may file a motion challenging the Complaint instead of answering it.   

The Magistrate Judge assigned to this case, the Honorable Patricia V. Turnbull, has issued an Order Setting Initial Case Management Conference for September 22, 2009.  Prior to the conference the parties are ordered to meet and confer about the exchange of information and documents, called "discovery" and whether to engage in early settlement discussions.

5.04.09 / Federal complaint filed on behalf of current and former 3M employees in the United States District Court, Northern District of California.