Gaspar v. Linvatec Corp.

167 F.R.D. 51, 1996 U.S. Dist. LEXIS 7017, 1996 WL 277217
CourtDistrict Court, N.D. Illinois
DecidedMay 23, 1996
DocketNo. 95 C 3574
StatusPublished
Cited by67 cases

This text of 167 F.R.D. 51 (Gaspar v. Linvatec Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gaspar v. Linvatec Corp., 167 F.R.D. 51, 1996 U.S. Dist. LEXIS 7017, 1996 WL 277217 (N.D. Ill. 1996).

Opinion

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is plaintiff Larry Gaspar’s (“Gaspar”) motion to certify a class action pursuant to Federal Rule of Civil Procedure 23 and for leave to issue notice of the class action to the class members. For the reasons that follow, the court grants Gaspar’s motion.

I. BACKGROUND

Gaspar worked for Linvatee Corporation (“Linvatee”), a subsidiary of Bristol-Myers Squibb Company (“Bristol-Myers”), as a machinist at its Chicago, Illinois, work site from December 1979 until December 31, 1993, when the facility closed. At the same time that Linvatec’s Chicago facility closed, Bristol-Myers closed several other facilities as part of a corporate downsizing. Certain eligible employees who were laid off during the downsizing were offered a choice of one of two benefit plans: a voluntary early retirement plan and a severance plan. The employees were told that they could choose only one of the plans. Each employee choosing one of the plans was required to execute voluntarily a general release, by which the employee agreed to give up any right to sue defendants based on any acts occurring prior to the employee’s signing the release. (See Def.’s Mem. in Opp. to Mot. to Certify a Class Action and for Leave to Give Notice Ex. B Attach. 2.)

Except Gaspar, all employees who were eligible for the retirement and severance plans chose one of the plans. Gaspar attempted to elect both plans, submitted a signed release “under protest” (see Def.’s Mem. in Opp. to Mot. to Certify a Class Action and for Leave to Give Notice Ex. I), [55]*55and ultimately was denied benefits under either plan.

Gaspar now sues Linvatec, Bristol-Myers, the retirement and severance plans, and the retirement plan administrator (collectively, “defendants”), alleging that defendants falsely told the terminated employees that they had to elect one of the plans and could not receive both, even though the plan documents contained no such limitation. In his three-count complaint, Gaspar alleges that defendants violated the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§ 1001-1461, by denying benefits for which the employees were eligible (Count I), by breaching their fiduciary duties (Count II), and by retaliating against Gaspar because of his challenge to defendants’ actions (Count III).

Gaspar seeks to bring Counts I and II of his action on behalf of the terminated employees who were eligible for benefits under both the severance and early retirement packages. According to Gaspar, the class consists of:

1. COUNT I: All persons who are or could have been participants and beneficiaries of the Bristol-Myers Squibb Retirement Plan and Severance Plan and who were offered in the fall of 1993 an election of either severance pay under the Severance Plan or enhanced retirement pay under the Retirement Plan (as amended by the addition of the VPB); and
2. COUNT II: All persons who executed a release as a condition to receiving supplemental severance benefits under the Severance Plan or enhanced early retirement benefits under the Retirement Plan in 1993.

(Pl.’s Mem. in Supp. of Mot. to Certify a Class Action and for Leave to Give Notice at 1.)

II. DISCUSSION

Federal Rule of Civil Procedure 23 sets forth the requirements for bringing a class action. The plaintiff bears the burden of proving that each of the Rule 23 requirements has been satisfied. General Telephone Co. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 2372, 72 L.Ed.2d 740 (1982); Valentino v. Howlett, 528 F.2d 975, 978 (7th Cir.1976). The plaintiff must establish both that the action satisfies the prerequisites of Rule 23(a) and may be maintained as a class action under Rule 23(b). See Fed.R.Civ.P. 23; Riordan v. Smith Barney, 113 F.R.D. 60, 62 (N.D.II1.1986).

When deciding whether to allow a claim to proceed as a class action, the court does not examine the merits of the ease, but, rather, takes the plaintiff’s allegations in support of the class action as true. Eisen v. Carlisle and Jacquelin, 417 U.S. 156, 177, 94 S.Ct. 2140, 2152, 40 L.Ed.2d 732 (1974).

Gaspar contends that he can satisfy Rule 23’s requirements and therefore should be able to bring his case as a class action. Not surprisingly, defendants contend that Gaspar fails to satisfy several of the requirements and therefore that he cannot bring his case as a class action. Because the failure to satisfy even one of Rule 23(a)’s prerequisites is fatal to bringing a class action, the court will address each prerequisite separately. If Rule 23(a) is satisfied, the court then will determine if any one of Rule 23(b)’s requirements is met.

A. Rule 23(a)

Rule 23(a) provides that a plaintiff may bring his claim on behalf of the class only if (1) the class is so numerous that joinder of all members is impracticable; (2) the claim involves questions of law or fact that are common to the class; (3) the claims or defenses of the plaintiff are typical of the claims or defenses of the class; and (4) the plaintiff fairly and adequately will protect the interests of the class. FED.R.Crv.P. 23(a). These prerequisites are commonly are referred to, respectively, as numerosity, commonality, typicality, and adequacy of representation.

1. Numerosity

As a preliminary matter, the court notes that Gaspar and defendants disagree about who can be a class member. Gaspar asserts that the proposed class for Count I should consist of employees who were or could have been participants in the retirement and sev[56]*56erance plans and who, in the fall of 1998, were offered a choice of benefits under either plan, and their beneficiaries. Including employees and beneficiaries, Gaspar estimates that his class consists of up to 32 persons.

Defendants contend that beneficiaries cannot be class members because they are not “eligible employees” under the retirement or severance plan and only possess rights that are derivative to the employees’ rights under the plans. Thus, Gaspar’s class can consist of, at most, 18 persons.

Gaspar argues that ERISA sections 502(a)(1) and (2), 29 U.S.C. §§ 1132(a)(1) and (2), and Senn v. United Dominion Indus., 951 F.2d 806, 811 (7th Cir.1992), cert. denied, 509 U.S. 903, 113 S.Ct. 2992, 125 L.Ed.2d 687 (1993), support his contention that beneficiaries have standing to sue to recover benefits. The court finds Gaspar’s reliance on Senn and sections 502(a)(1) and (2) misplaced.

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Cite This Page — Counsel Stack

Bluebook (online)
167 F.R.D. 51, 1996 U.S. Dist. LEXIS 7017, 1996 WL 277217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaspar-v-linvatec-corp-ilnd-1996.