Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 1 of 64

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

)

Verne A. Hall, Erik M. Jothen, Susan J.

)

Aschenbeck, Donald P. Brennan, Roberta S. )

(Filler) Carlson, John J. Carney, Fang-Pai )

Chen, Ronnie B. Clausen, David L. Draper, )

Gary L. Flemino, Debra Jean Foster,

)

Linda K. Giles, Janice B. Hanson,

)

Richard W. Hartmann, PaulO. Holtan,

)

Andre M. Hudson, Oleg Ivanov, Vaughn )

Edwen James, Hugh F. Juergens, Glen A. )

Juntti, Sharon L. Kelly, Vladimir Kessler, )

Sally M. Kleiner, Randall S. Knox,

)

LaRae L. Lemon, Shawn Xiao Liu,

)

Esther G. Mazurek, Daniel J. McKenzie, )

Thomas M. Noska, Roy D. Okins, Richard )

David Olund, Gregory 1. Pettis, Joy G. Piao, )

Boris L. Rabichev, Joy M. Reinhart, JoAnn )

Baird Shoemaker, Kent D. Smith,

)

Lynette M. Steuck, Gregory K. Stoner,

)

Billy S. Summers, Marina Vorobeychik,

)

Richard L. Walstrom, Philip B. Winters,

)

Ernest R. Zahradka, for and on behalf of )

themselves and other persons similarly

)

situated,

)

)

Plaintiffs,

)

)

vs.

)

)

Best Buy Company, Inc. and Best Buy

)

Enterprise Services, Inc.

)

)

Defendants. )

------------------------)

COMPLAINT Demand for Jury Trial

Plaintiffs Verne A. Hall, Erik M. Jothen, Susan J. Aschenbeck, Donald P. Brennan, Roberta S. (Filler) Carlson, John J. Carney, Fang-Pai Chen, Ronnie B. Clausen, David L. Draper, Gary L. Flemino, Debra Jean Foster, Linda K. Giles, Janice B. Hanson, Richard W. Hartmann,
NNE0 PaulO. Holtan, Andre M. Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F~ JU ,:)\,.,f\~
NOV 1 7 Zaa4
U.S. DISTRICT COURT MPLS

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 2 of 64
Glen A. Juntti, Sharon 1. Kelly, Vladimir Kessler, Sally M. Kleiner, Randall S. Knox, LaRae 1. Lemon, Shawn Xiao Liu, Esther G. Mazurek, Daniel J. McKenzie, Thomas M. Noska, Roy D. Okins, Richard David Olund, Gregory J. Pettis, Joy G. Piao, Boris 1. Rabichev, Joy M. Reinhart, JoAnn Baird Shoemaker, Kent D. Smith, Lynette M. Steuck, Gregory K. Stoner, Billy S. Summers, Marina Vorobeychik, Richard 1. Walstrom, Philip B. Winters, Ernest R. Zahradka, for and in behalf of themselves and other persons similarly situated (collectively, "Plaintiffs"), for their Complaint against Best Buy Company, Inc. and Best Buy Enterprise Services, Inc. (collectively, "Best Buy"), state and allege as follows:
PARTIES AND JURISDICTION I. Plaintiff Verne A. Hall ("Hall") resides in Wisconsin. Hall was employed by Best Buy in Minnesota until his termination on October 14,2003. Hall was then 60 years old. 2. Plaintiff Erik M. Jothen ("Jothen") resides in Minnesota. Jothen was employed by Best Buy in Minnesota until his termination on October 10, 2003. Jothen was then 53 years old. 3. Plaintiff Susan J. Aschenbeck ("Aschenbeck") resides in Minnesota. Aschenbeck was employed by Best Buy in Minnesota until her termination on June 14,2004. Aschenbeck was then 40 years old. 4. PlaintiffDonald P. Brennan ("Brennan") resides in Minnesota Brennan was employed by Best Buy in Minnesota until his termination on June 14,2004. Brennan was then 47 years old. 5. Plaintiff Roberta S. (Filler) Carlson ("Carlson") resides in Minnesota. Carlson was employed by Best Buy in Minnesota until her termination on June 14,2004. Carlson was then 45 years old.
-2-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 3 of 64
6. Plaintiff John J. Carney ("Carney") resides in Minnesota. Carney was employed by Best Buy in Minnesota until his termination on June 14,2004. Carney was then 50 years old.
7. PlaintiffFang-Pai Chen ("Chen") resides in Minnesota. Chen was employed by Best Buy in Minnesota until his termination on June 14,2004. Chen was then 56 years old.
8. Plaintiff Ronnie B. Clausen ("Clausen") resides in Wisconsin. Clausen was employed by Best Buy in Minnesota until his termination on June 14, 2004. Clausen was then 46 years old.
9. PlaintiffDavid L. Draper ("Draper") resides in Minnesota. Draper was employed by Best Buy in Minnesota until his termination on June 14,2004. Draper was then 59 years old.
10. Plaintiff Gary L. Flemino ("Flemino") resides in Minnesota. Flemino was employed by Best Buy in Minnesota until his termination on June 14,2004. Flemino was then 62 years old.
II. Plaintiff Debra Jean Foster ("Foster") resides in Minnesota. Foster was employed by Best Buy in Minnesota until her termination on June 14,2004. Foster was then 46 years old.
12. Plaintiff Linda K. Giles ("Giles") resides in Minnesota. Giles was employed by Best Buy in Minnesota until her termination on June 14,2004. Giles was then 41 years old.
13. Plaintiff Janice B. Hanson ("Hanson") resides in Minnesota. Hanson was employed by Best Buy in Minnesota until her termination on October 10, 2003. Hanson was then 54 years old.
14. Plaintiff Richard W. Hartmann ("Hartmann'') resides in Minnesota. Hartmann was employed by Best Buy until his termination on June 14, 2004. Hartmann was then 43 years old.
-3-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 4 of 64
15. Plaintiff Paul O. Holtan ("Holtan") resides in Minnesota. Holtan was employed by Best Buy in Minnesota until his termination on October 10, 2003. Holtan was then 54 years old.
16. Plaintiff Andre M. Hudson ("Hudson") resides in Minnesota. Hudson was employed by Best Buy in Minnesota until his termination on June 14, 2004. Hudson was then 40 years old.
17. PlaintiffOleg Ivanov ("Ivanov") resides in Minnesota. Ivanov was employed by Best Buy in Minnesota until his termination on June 14,2004. Ivanov was then 43 years old.
18. Plaintiff Vaughn Edwen James ("James") resides in Minnesota. James was employed by Best Buy in Minnesota until his termination on October 10, 2003. James was then 71 years old.
19. Plaintiff Hugh F. Juergens ("Juergens") resides in Minnesota. Juergens was employed by Best Buy in Minnesota until his termination on October 10, 2003. Juergens was then 56 years old.
20. Plaintiff Glen A. Juntti ("Juntti") resides in Minnesota. Juntti was employed by Best Buy in Minnesota until his termination on June 14,2004. Juntti was then 55 years old.
21. Plaintiff Sharon L. Kelly ("Kelly") resides in Minnesota. Kelly was employed by Best Buy in Minnesota until her termination on October 10, 2003. Kelly was then 50 years old.
22. Plaintiff Vladimir Kessler ("Kessler") resides in Minnesota. Kessler was employed by Best Buy in Minnesota until his termination on June 14, 2004. Kessler was then 43 years old.
-4-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 5 of 64
23. Plaintiff Sally M. Kleiner ("Kleiner") resides in Minnesota. Kleiner was employed by Best Buy in Minnesota until her termination on October 10, 2003. Kleiner was then 54 years old.
24. Plaintiff Randall S. Knox ("Knox") resides in Minnesota. Knox was employed by Best Buy in Minnesota until his termination on June 14,2004. Knox was then 57 years old.
25. Plaintiff LaRae L. Lemon ("Lemon") resides in Minnesota. Lemon was employed by Best Buy in Minnesota until her termination on June 14,2004. Lemon was then 49 years old.
26. Plaintiff Shawn Xiao Liu ("Liu") resides in Minnesota. Liu was employed by Best Buy in Minnesota until his termination on June 14,2004. Liu was then 42 years old.
27. Plaintiff Esther G. Mazurek ("Mazurek") resides in Minnesota. Mazurek was employed by Best Buy in Minnesota until her termination on October 10, 2003. Mazurek was then 46 years old.
28. Plaintiff Daniel J. McKenzie ("McKenzie") resides in Minnesota. McKenzie was employed by Best Buy in Minnesota until his termination on June 14,2004. McKenzie was then 48 years old.
29. Plaintiff Thomas M. Noska ("Noska") resides in Minnesota. Noska was employed by Best Buy in Minnesota until his termination on October 10, 2003. Noska was then 53 years old.
30. Plaintiff Roy D. Okins ("Okins") resides in Minnesota. Okins was employed by Best Buy in Minnesota until his termination on June 14,2004. Okins was then 57 years old.
-5-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 6 of 64
31. Plaintiff Richard David Olund ("Olund") resides in Minnesota. Olund was employed by Best Buy in Minnesota until his termination on June 14,2004. Olund was then 49 years old.
32. Plaintiff Gregory J. Pettis ("Pettis") resides in Minnesota. Pettis was employed by Best Buy in Minnesota until his termination on October 10, 2003. Pettis was then 56 years old.
33. Plaintiff Joy G. Piao ("Piao") resides in Illinois. Piao was employed by Best Buy in Minnesota until her termination on June 14,2004. Piao was then 44 years old.
34. Plaintiff Boris 1. Rabichev ("Rabichev") resides in Minnesota. Rabichev was employed by Best Buy until his termination on June 14,2004. Rabichev was then 46 years old.
35. Plaintiff Joy M. Reinhart ("Reinhart") resides in Minnesota. Reinhart was employed by Best Buy in Minnesota until her termination on June 14, 2004. Reinhart was then 50 years old.
36. Plaintiff JoAnn Baird Shoemaker ("Shoemaker") resides in Minnesota. Shoemaker was employed by Best Buy in Minnesota until her termination on June 14,2004. Shoemaker was then 47 years old.
37. Plaintiff Kent D. Smith ("Smith") resides in Minnesota. Smith was employed by Best Buy in Minnesota until his termination on June 14,2004. Smith was then 43 years old.
38. Plaintiff Lynnette M. Steuck ("Steuck") resides in Minnesota. Steuck was employed by Best Buy in Minnesota until her termination on June 14,2004. Steuck was then 51 years old.
39. Plaintiff Gregory K. Stoner ("Stoner") resides in Minnesota. Stoner was employed by Best Buy in Minnesota until his termination on June 14, 2004. Stoner was then 52 years old.
-6-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 7 of 64
40. Plaintiff Billy S. Summers ("Summers'') resides in Kentucky. Summers was employed by Best Buy in Minnesota until his termination on October 10, 2003. Summers was then 61 years old.
41. Plaintiff Marina Vorobeychik ("Vorobeychik") resides in Minnesota. Vorobeychik was employed by Best Buy in Minnesota until her termination on October 10, 2003. Vorobeychik was then 46 years old.
42. Plaintiff Richard L. Walstrom ("Walstrom") resides in Minnesota. Walstrom was employed by Best Buy in Minnesota until his termination on June 14, 2004. Walstrom was then 57 years old.
43. Plaintiff Philip B. Winters ("Winters") resides in Minnesota. Winters was employed by Best Buy in Minnesota until his termination on June 14, 2004. Winters was then 42 years old.
44. Plaintiff Ernest R. Zahradka ("Zahradka") resides in Minnesota. Zahradka was employed by Best Buy in Minnesota until his termination on June 14, 2004. Zahradka was then 41 years old.
45. Defendant Best Buy Company, Inc. is a Minnesota corporation with its principal place of business in Minnesota. Defendant Best Buy Enterprises, Inc. is a Minnesota corporation with its principal place of business in Minnesota
46. Both Defendants are employers within the meaning ofthe federal Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et. seq., the Minnesota Human Rights Act ("MHRA"), Minn. Stat. CEo 363, and Minn. Stat. § 181.81.
47. This action is brought under the ADEA, 29 U.S.C. § 626(b) and 29 U.S.c. § 216(b) for and in behalf of the above-named Plaintiffs and other persons similarly situated who
-7-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 8 of 64
may opt into the action, and this Court therefore has original jurisdiction over this action pursuant to 28 U.S.c. § 133l.
48. This Court has supplemental jurisdiction over Plaintiffs' state law claims pursuant to 28 U.S.C. § 1367 because those claims are pendent to and part of the same case or controversy as that giving rise to the ADEA claims.
49. Venue of this action in the United States District Court for the District of Minnesota is proper pursuant to 28 U.S.C. § 139 I(b) because both Defendants reside in the District of Minnesota and pursuant to 28 U.S.C. § 1391(c) because the events giving rise to Plaintiffs' claims occurred in the District of Minnesota.
ADMINISTRATIVE CHARGES AND PROCEEDINGS 50. On or about December 22, 2003, Plaintiff Hall timely filed a class-wide charge of age discrimination with the U.S. Equal Employment Commission ("EEOC"), which was crossfiled with the Minnesota Department of Human Right ("MDHR''), alleging among other things that: (a) Best Buy was engaging in a pattern or practice of age discrimination against himself and other similarly situated older employees; (b) his termination was part of a class-wide pattern or practice of age-based terminations, demotions and forced retirements and resignations in the IS Department that began in 2002 and was continuing; (c) Best Buy had been hiring and promoting younger persons throughout this same period; (d) Best Buy provided incomplete, misleading and false information to him and to others in an attempt to induce them to waive their rights under the federal Age Discrimination in Employment Act and the Minnesota Human Rights Act by withholding from them accurate information about the extent and scope of its pattern of terminations of older employees; and (e) that he was filing the charge on behalf of himself and all similarly situated employees of Best Buy who had been terminated, demoted, or forced to
-8-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 9 of 64
retire or resign their employment in whole or in part due to their ages during the years 2002 and 2003.
51. On or about December 22, 2003, Plaintiff Jothen timely filed a class-wide charge of age discrimination with the U.S. Equal Employment Commission ("EEOC"), which was cross-filed with the Minnesota Department of Human Right ("MDHR"), alleging among other things that: (a) Best Buy was engaging in a pattern or practice of age discrimination against himself and other similarly situated older employees; (b) his termination was part of a class-wide pattern or practice of age-based terminations, demotions and forced retirements and resignations in the IS Department that began in 2002 and was continuing; (c) Best Buy failed to consider him for open positions for which he was qualified; (d) Best Buy had been hiring and promoting younger persons throughout this same period; (e) Best Buy provided him no demographic data about those who were terminated and those who were retained, and refused to give him more than 24 days in which to consider the release with which he was presented; (f) Best Buy withheld the demographic data and gave him less time to consider the release because it wanted him and others to sign the release without knowing the extent and scope of its pattern of terminations of older employees; and (g) that he was filing the charge on behalf of himself and all similarly situated employees of Best Buy who had been terminated, demoted, or forced to retire or resign their employment in whole or in part due to their ages during the years 2002 and 2003.
52. On or about August 26, 2004, Plaintiff Aschenbeck timely filed a class-wide charge of age discrimination with the U.S. Equal Employment Commission ("EEOC"), which was cross-filed with the Minnesota Department of Human Right ("MDHR"), alleging among other things that: (a) Best Buy was engaging in a pattern or practice of age discrimination against herself and other similarly situated older employees; (b) her termination was part of a class-wide
-9-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 10 of 64
pattern or practice of age-based tenninations, demotions and forced retirements and resignations
in the IS Department that began in 2003 and was continuing; (c) Best Buy also notified
employees in other departments that they were being tenninated at the same time, and these tenninations fell disproportionately on older employees; (d) Best Buy had been hiring and promoting younger persons throughout this same period; (e) Best Buy provided incomplete,
misleading and false infonnation to her and to others in an attempt to induce them to waive their
rights under the federal Age Discrimination in Employment Act and the Minnesota Human Rights Act by withholding from them accurate infonnation about the extent and scope of its pattern oftenninations of older employees; and (f) that she was filing the charge on behalf of herself and all similarly situated persons age 40 or over who Best Buy tenninated, demoted, or forced to retire or resign during the time period from January 1, 2003, to the present.
53. On or about August 26, 2004, Plaintiff Brennan timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and
other similarly situated employees on the basis of age in violation of the ADEA and Minnesota
law by, among other things, tenninating Brennan, and by tenninating, demoting, or forcing the resignation or retirement of other older employees.
54. On or about August 20, 2004, Plaintiff Carlson timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, tenninating Carlson, and by tenninating, demoting, or forcing the resignation or retirement of other older employees.
-10-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 11 of 64
55. On or about August 20, 2004, Plaintiff Carney timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Carney, and, by terminating, demoting, or forcing the resignation or retirement of other older employees.
56. On or about August 4, 2004, Plaintiff Chen timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges ofHall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Chen, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
57. On or about August 26,2004, Plaintiff Clausen timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe AOEA and Minnesota law by, among other things, terminating Clausen, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
58. On or about August 20, 2004, PlaintiffOraper timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota
-11-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 12 of 64
law by, among other things, terminating Draper, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
59. On or about August 20, 2004, Plaintiff Flemino timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Flemino, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
60. On or about August 20, 2004, Plaintiff Foster timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Foster, and by terminating, demoting, or forcing the resignation or retirement ofother older employees.
61. On or about August 27, 2004, Plaintiff Giles timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Giles, and by terminating, demoting, or forcing the resignation or retirement ofother older employees.
62. On or about January 20,2004, Plaintiff Hanson timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and
-12-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 13 of 64
other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Hanson, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
63. On or about August 26,2004, Plaintiff Hartmann timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the AOEA and Minnesota law by, among other things, terminating Hartmann, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
64. On or about January 29,2004, Plaintiff Holtan timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Holtan, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
65. On or about August 20, 2004, Plaintiff Hudson timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the AOEA and Minnesota law by, among other things, terminating Hudson, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
66. On or about August 26, 2004, PlaintiffIvanov timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the
-13-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 14 of 64
charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Ivanov, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
67. On or about January 22,2004, PlaintiffJames timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating James, and by terminating, demoting, or forcing the resignation or retirement ofother older employees.
68. On or about January 23,2004, Plaintiff Juergens timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Juergens, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
69. On or about August 25,2004, Plaintiff Juntti timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Juntti, and by terminating, demoting, or forcing the resignation or retirement ofother older employees.
-14-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 15 of 64
70. On or about February 24,2004, PlaintiffKelly timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges ofHall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Kelly, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
71. On or about August 26, 2004, Plaintiff Kessler timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Kessler, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
72. On or about February 17, 2004, Plaintiff Kleiner timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, lothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Kleiner, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
73. On or about August 20, 2004, Plaintiff Knox timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges ofHall, lothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota
-15-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 16 of 64
law by, among other things, terminating Knox, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
74. On or about August 20,2004, Plaintiff Lemon timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Lemon, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
75. On or about August 25, 2004, PlaintiffLiu timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges ofHall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Liu, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
76. On or about March 17, 2004, Plaintiff Mazurek timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, alleging which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Mazurek, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
77. On or about August 20, 2004, Plaintiff McKenzie timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and
-16-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 17 of 64
other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating McKenzie, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
78. On or about February 24, 2004, Plaintiff Noska timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges ofHall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Noska, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
79. On or about August 25, 2004, Plaintiff Okins timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Okins, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
80. On or about August 25, 2004, Plaintiff Olund timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Olund, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
81. On or about March 30, 2004, PlaintiffPettis timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the
-17-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 18 of 64
charges ofHall, Iothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Pettis, by terminating, demoting, or forcing the resignation or retirement of other older employees, and by failing to retain, transfer and/or hire Pettis and other similarly situated employees for open positions.
82. On or about August 27, 2004, PlaintiffPiao timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Iothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Piao, and by terminating, demoting, or forcing the resignation or retirement ofother older employees.
83. On or about August 20, 2004, PlaintiffRabichev timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges ofHall, Iothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Rabichev, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
84. On or about August 26,2004, Plaintiff Reinhart timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Iothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Reinhart, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
-18-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 19 of 64
85. On or about August 26, 2004, Plaintiff Shoemaker timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Shoemaker, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
86. On or about August 20, 2004, Plaintiff Smith timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Smith, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
87. On or about August 4, 2004, Plaintiff Steuck timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Steuck, and by terminating, demoting, or forcing the resiguation or retirement of other older employees.
88. On or about August 25, 2004, Plaintiff Stoner timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota
-19-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 20 of 64
law by, among other things, terminating Stoner, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
89. On or about March 8, 2004, Plaintiff Summers timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, lothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Summers, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
90. On or about lanuary 20,2004, PlaintiffVorobeychik timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, lothen and Aschenbeck, alleged that Best Buy discriminated against her and other similarly situated employees on the basis of age in violation ofthe ADEA and Minnesota law by, among other things, terminating Vorobeychik, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
91. On or about August 25, 2004, PlaintifIWalstrom timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, lothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Walstrom, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
92. On or about August 25, 2004, Plaintiff Winters timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, lothen and Aschenbeck, alleged that Best Buy discriminated against him and
-20-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 21 of 64
other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Winters, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
93. On or about August 25, 2004, Plaintiff Zahradka timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MOHR, which, like the charges of Hall, 10then and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Zahradka, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
94. Each of the forty four above-named Plaintiffs hereby consents to become a party plaintiff in this action.
FACT ALLEGATIONS 95. In April of2002, Best Buy engaged Robert A. Willett ("Willett"), a global managing partner and member of the Executive Committee at Accenture Ltd., as a consultant and special advisor to its Board of Directors on matters relating to operational efficiency and excellence. 96. At about the same time as its engagement of Willett, Best Buy began to engage in a pattern or practice of age discrimination against its older Information Systems ("IS") employees and other similarly situated employees. The above-named Plaintiffs in this action and other similarly situated employees were subject to and the victims of Best Buy's pattern or practice of age discrimination.
-21-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 22 of 64
97. As part of its pattern or practice of age discrimination, Best Buy began to use performance plans, job assignments, ratings quotas and other measures to pressure its older IS employees and other similarly situated employees to quit and/or to justify their terminations.
98. As part of its pattern or practice of age discrimination, Best Buy discriminated with respect to training opportunities and job assignments, giving younger employees the opportunity to learn new technology and assigning those employees to positions where they could utilize that new technology, while channeling many of the older employees into positions involving older technology which was becoming obsolete.
99. As part of its pattern or practice of age discrimination, Best Buy discriminated with respect to management training and promotions, giving younger employees management training and promoting younger employees into management positions, while excluding many of the older employees from management training and management positions.
100. Best Buy illegally took the above measures and others to classify its employees on the basis of age, and to otherwise adversely affect the employment of older IS employees and other similarly situated employees.
101. Beginning in or about 2003, Best Buy began to force out or involuntarily terminate older IS employees and other similarly situated employees, while hiring younger employees.
102. On or about October 10, 2003, as part of its pattern or practice of age discrimination, Best Buy terminated the employment of 25 of its IS Department employees, with these terminations falling heavily on those employees who were age 40 or more at that time.
-22-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 23 of 64
103. Twenty ofthe IS employees terminated on or about October 10, 2003, were over the age of 40, including 13 of the named plaintiffs, and another turned age 40 the day after his termination, while younger IS employees were disproportionately retained.
104. Best Buy's disclosure of those terminated from the IS Department failed to disclose all of the employees age 40 or more who were terminated on or about October 10, 2003.
105. In January 2004, Best Buy engaged Willett's company, Accenture, to reduce costs in the Human Resources area, including the termination of some HR Department employees, with a stated intention to engage Accenture for a similar project in the IS area.
106. On April 14, 2004, Best Buy reported that it plarmed to outsource its Information Systems work to Accenture which would result in the layoffs of 130 IS Department employees. It stated that Accenture by contract with Best Buy would offer jobs to 650 ofthe 820 employees who then worked in Information Technology for Best Buy and that those workers would continue to be located at Best Buy's corporate headquarters along with an additional 40 IS Department employees who would continue to work directly for Best Buy.
107. On April 14, 2004, Best Buy notified approximately 126 employees of its IS Department that they would be terminated effective June 14,2004. On or about June 14,2004, it informed those employees that 82 of the 126 IS employees to be terminated (about 65%) were age 40 or more, including 31 of the above-named Plaintiffs.
108. The proportion ofIS Department employees notified of their terminations as of April 14, 2004, on information and belief, was heavily weighted against employees age 40 or more.
109. Best Buy's disclosure of those terminated from the IS Department, on information and belief, failed to disclose all of the employees age 40 or more who were terminated as of
-23-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 24 of 64
June 14, 2004, and may have included other employees, under age 40, who were retained as employees at Best Buy.
110. On April 14, 2004, Best Buy also announced that it had cut 30 corporate jobs in other areas, including its Finance Department.
111. Best Buy disclosed that 12 of the 13 employees who were notified on April 14, 2004, that they would be terminated from Best Buy's Finance Department were over the age of 40 and that the 13th was age 38. These terminations fell heavily on older employees within that department.
112. In April 2004, Willett was named as Best Buy's Executive Vice PresidentOperations. Willett's stated responsibilities include reducing Best Buy's cost structure. Willett is one of four Best Buy executives involved in negotiating the terms of Best Buy's engagements with Accenture.
113. In the fiscal year ending February 2004, Willett was paid consulting fees by Best Buy of$238,796 and accrued consulting fees totaling $384,245 and was reimbursed for out-ofpocket expenses totaling another $209,311.
114. As part of its pattern or practice of discrimination, Best Buy sought to obtain releases of age discrimination claims from its terminated employees without complying with applicable law. Among other things, Best Buy provided incomplete, misleading and inaccurate demographic data regarding those selected for termination and those retained. Best Buy also refused requests from terminated employees for complete and accurate demographic data and failed to provide any demographic data regarding employees terminated and retained to some of the terminated employees and failed to provide them with the required minimum period of days to consider Best Buy's proposed severance and release of claims.
-24-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 25 of 64
115. Best Buy induced similarly situated former Best Buy employees to sign legally invalid releases of their claims for age discrimination.
116. As part of its pattern or practice of discrimination, Best Buy has failed to provide its older employees with consideration for employment opportunities, has refused to transfer older employees into open positions for which they were qualified and has refused to re-hire its former employees for positions for which they were qualified.
117. In an article published on November 8, 2004, Best Buy's spokesperson stated that Best Buy's workforce skews young and that the average age of its corporate employees is just 29.
118. The aforesaid pattern or practice of age discrimination by Best Buy was willful. 119. The Plaintiffs are each 40 years of age or older, and are within the class of persons protected against age discrimination by the ADEA, 29 U.S.c. § 621, et seq., and the MHRA, Minn. Stat. § 363A.02, et seq. 120. The Plaintiffs are among the former employees of Best Buy who have been adversely affected by the aforesaid pattern or practice of age discrimination. Verne A. Hall 121. Hall was employed with Best Buy as a Software Engineer. 122. Hall was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 123. Best Buy terminated Hall's employment on or about October 14, 2003, when Hall, who was born on July 23, 1943, was 60 years old.
-25-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 26 of 64
124. In connection with Hall's tennination, Best Buy provided him with a letter that stated that Hall was employed most recently in the position of Engineer 4, Software and that this position was eliminated. Erik M. Jothen
125. Jothen was employed with Best Buy as a Product Capability Manager. 126. Jothen was well qualified for his position as a Product Capability Manager and perfonned his duties in a proper, satisfactory and competent marmer. 127. Best Buy terminated Jothen's employment on or about October 10, 2003, when Jothen, who was born on July 5,1950, was 53 years old. 128. In response to Jothen's request for the truthful reason for his termination pursuant to Minn. Stat. § 181.933, Best Buy stated that his employment was tenninated due to his failure to meet the expectations of his position as a Product Capability Manager of Subscription Vendor Maintenance. Susan J. Aschenbeck 129. Aschenbeck was employed with Best Buy as a Software Engineer. 130. Aschenbeck was well qualified for her Software Engineer position and perfonned her duties in a proper, satisfactory and competent manner. 131. Best Buy tenninated Aschenbeck's employment on or about June 14, 2004, when Aschenbeck, who was born on October 17, 1963, was 40 years old. 132. In connection with Aschenbeck's tennination, Best Buy provided her with a letter that stated that Aschenbeck was employed most recently in the position of Engineer 3, Software and that this position was eliminated.
-26-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 27 of 64
Donald P. Brennan 133. Brennan was employed with Best Buy as a Consultant. 134. Brennan was well qualified for his Consultant position and performed his duties
in a proper, satisfactory and competent manner. 135. Best Buy terminated Brennan's employment on or about June 14,2004, when
Brennan, who was born on January 6, 1957, was 47 years old. 136. In connection with Brennan's termination, Best Buy provided him with a letter
that stated that Brennan was employed most recently in the position of Consultant 1 and that this position was eliminated. Roberta S. (Filler) Carlson
137. Carlson was employed with Best Buy as a Consultant. 138. Carlson was well qualified for her Consultant position and performed her duties in a proper, satisfactory and competent manner. 139. Best Buy terminated Carlson's employment on or about June 14,2004, when Carlson, who was born on March 9,1959, was 45 years old. 140. In connection with Carlson's termination, Best Buy provided her with a letter that stated that Carlson was employed most recently in the position of Consultant 4 and that this position was eliminated. John J. Carney 141. Cameywas employed with Best Buy as a Technical Consultant. 142. Carney was well qualified for his Technical Consultant position and performed his duties in a proper, satisfactory and competent manner.
-27-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 28 of 64
143. Best Buy tenninated Carney's employment on or about June 14,2004, when Carney, who was born on March 9,1954, was 50 years old.
144. In connection with Carney's tennination, Best Buy provided him with a letter that stated that Carney was employed most recently in the position of Consultant 4, Technical and that this position was eliminated. Fang-Pai Chen
145. Chen was employed with Best Buy as a Software Engineer. 146. Chen was well qualified for his Software Engineer position and perfonned his duties in a proper, satisfactory and competent manner. 147. Best Buytenninated Chen's employment on or about June 14,2004, when Chen, who was born on June 16, 1947, was 56 years old. 148. In connection with Chen's tennination, Best Buy provided him with a letter that stated that Chen was employed most recently in the position of Engineer 5, Software and that this position was eliminated. Ronnie B. Clausen 149. Clausen was employed with Best Buy as a Software Engineer. 150. Clausen was well qualified for his Software Engineer position and perfonned his duties in a proper, satisfactory and competent manner. 151. Best Buy tenninated Clausen's employment on or about June 14,2004, when Clausen, who was born on September 5,1957, was 46 years old. 152. In connection with Clausen's tennination, Best Buy provided him with a letter that stated that Clausen was employed most recently in the position of Engineer 4, Software and that this position was eliminated.
-28-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 29 of 64
David L. Draper 153. Draper was employed with Best Buy as a Delivery Project Manager. 154. Draper was well qualified for his Delivery Project Manager position and
performed his duties in a proper, satisfactory and competent manner. 155. Best Buy terminated Draper's employment on or about June 14,2004, when
Draper, who was born on January 9, 1945, was 59 years old. 156. In connection with Draper's termination, Best Buy provided him with a letter that
stated that Draper was employed most recently in the position ofMgr 3, Delivery Project Manager and that this position was eliminated. Gary L. Flemino
157. Flemino was employed with Best Buy as a Software Engineer. 158. Flemino was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 159. Best Buy terminated Flemino's employment on or about June 14,2004, when Flemino, who was born on February 26, 1942, was 62 years old. 160. In connection with Flemino's termination, Best Buy provided him with a letter that stated that Flernino was employed most recently in the position of Engineer 4, Software and that this position was eliminated. Debra Jean Foster 161. Foster was employed with Best Buy as a Product Capability Manager. 162. Foster was well qualified for her Product Capability Manager position and performed her duties in a proper, satisfactory and competent manner.
-29-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 30 of 64
163. Best Buy tenninated Foster's employment on or about June 14,2004, when Foster, who was born on September 23,1957, was 46 years old.
164. In connection with Foster's tennination, Best Buy provided her with a letter that stated that Foster was employed most recently in the position ofMgr 3, Product/Capability and that this position was eliminated. Linda K. Giles
165. Giles was employed with Best Buy as a Product Capability Manager. 166. Giles was well qualified for her Product Capability Manager position and perfonned her duties in a proper, satisfactory and competent manner. 167. Best Buy tenninated Giles' employment on or about June 14,2004, when Giles, who was born on January 28,1963, was 41 years old. 168. In connection with Giles' tennination, Best Buy provided her with a letter that stated that Giles was employed most recently in the position ofMgr 3, Product/Capability and that this position was eliminated. Janice B. Hanson 169. Hanson was employed with Best Buy as a Business analyst. 170. Hanson was well qualified for her Business Analyst position and perfonned her duties in a proper, satisfactory and competent manner. 171. Best Buy tenninated Hanson's employment on or about October 10, 2003, when Hanson, who was born on June 22,1949, was 54 years old. 172. In connection with Hanson's tennination, Best Buy provided her with a letter that stated that Hanson was employed most recently in the position of Analyst I, Business and that this position was eliminated.
-30-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 31 of 64
Richard W. Hartmann 173. Hartmann was employed with Best Buy as a Program Manager. 174. Hartmanu was well qualified for his Program Manager position and performed his
duties in a proper, satisfactory and competent manuer. 175. Best Buy terminated Hartmann's employment on or about June 14,2004, when
Hartmanu, who was born on December 28,1960, was 43 years old. 176. In connection with Hartmanu's termination, Best Buy provided him with a letter
that stated that Hartmanu was employed most recently in the position ofMgr 1, Program and that this position was eliminated. PaulO. Holtan
177. Holtan was employed with Best Buy as a Software Engineer. 178. Holtan was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 179. Best Buy terminated Holtan's employment on or about October 10, 2003, when Holtan, who was born on January 12, 1949, was 54 years old. 180. In connection with Holtan's termination, Best Buy provided him with a letter that stated that Holtan was employed most recently in the position of Engineer 4, Software and that this position was eliminated. Andre M. Hudson 181. Hudson was employed with Best Buy as a Technical Analyst. 182. Hudson was well qualified for his Technical Analyst position and performed his duties in a proper, satisfactory and competent manner.
-31-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 32 of 64
183. Best Buy terminated Hudson's employment on or about June 14,2004, when Hudson, who was born on June 10, 1963, was 40 years old.
184. In connection with Hudson's termination, Best Buy provided him with a letter that stated that Hudson was employed most recently in the position of Analyst 4, Technical and that this position was eliminated. Oleglvanov
185. Ivanov was employed with Best Buy as a Project Manager. 186. Ivanov was well qualified for his Project Manager position and performed his duties in a proper, satisfactory and competent manner. 187. Best Buy terminated Ivanov's employment on or about June 14,2004, when Ivanov, who was born on December 26, 1960, was 43 years old. 188. In connection with Ivanov's termination, Best Buy provided him with a letter that stated that Ivanov was employed most recently in the position ofMgr, Financial Ops & Analysis and that this position was eliminated. Vaughn Edwen James 189. James was employed with Best Buy as a Software Engineer. 190. James was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 191. Best Buy terminated James' employment on or about October 10,2003, when James, who was born on December 21, 1931, was 71 years old. 192. In connection with James' termination, Best Buy provided him with a letter that stated that James was employed most recently in the position of Engineer 3, Software and that this position was eliminated.
-32-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 33 of 64
Hugh F. Juergens 193. Juergens was employed with Best Buy as a Product Capability Manager. 194. Juergens was well qualified for his Product Capability Manager position and
performed his duties in a proper, satisfactory and competent manner. 195. Best Buy terminated Juergens' employment on or about June 14,2004, when
Juergens, who was born on November 3, 1946, was 56 years old. 196. In response to Juergens' request for the truthful reason for his termination
pursuant to Minn. Stat. § 181.933, Best Buy stated that his employment was terminated due to his failure to meet the expectations of his position as a Product Capability Manager in the Data Management COE. Glen A. Juntti
197. Juntti was employed with Best Buy as a Delivery Project Manager. 198. Juntti was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner. 199. Best Buy terminated Juntti's employment on or about June 14,2004, when Juntti, who was born on December 6, 1948, was 55 years old. 200. In connection with Juntti's termination, Best Buy provided him with a letter that stated that Juntti was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Sharon L. Kelly 201. Kelly was employed with Best Buy as a Product Capability Manager. 202. Kelly was well qualified for her Product Capability Manager position and performed her duties in a proper, satisfactory and competent manner.
-33-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 34 of 64
203. Best Buy tenninated Kelly's employment on or about October 10, 2003, when Kelly, who was born on March 12,1953, was 50 years old.
204. In connection with Kelly's tennination, Best Buy provided her with a letter that stated that Kelly was employed most recently in the position ofMgr 4, Product/Capability and that this position was eliminated. Vladimir Kessler
205. Kessler was employed with Best Buy as a Technical Consultant. 206. Kessler was well qualified for his Technical Consultant position and perfonned his duties in a proper, satisfactory and competent marmer. 207. Best Buy tenninated Kessler's employment on or about June 14,2004, when Kessler, who was born on May 2, 1960, was 43 years old. 208. In connection with Kessler's tennination, Best Buy provided him with a letter that stated that Kessler was employed most recently in the position of Consultant 1, Technical and that this position was eliminated. Sally M. Kleiner 209. Kleiner was employed with Best Buy as a Technical Consultant. 210. Kleiner was well qualified for her Technical Consultant position and perfonned her duties in a proper, satisfactory and competent marmer. 211. Best Buy tenninated Kleiner's employment on or about October 10, 2003, when Kleiner, who was born on June 21,1949, was 54 years old. 212. In connection with Kleiner's tennination, Best Buy provided her with a letter that stated that Kleiner was employed most recently in the position of Consultant 1, Technical and that this position was eliminated.
-34-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 35 of 64
Randall S. Knox 213. Knox was employed with Best Buy as a Project Manager. 214. Knox was weII qualified for his Project Manager position and performed his
duties in a proper, satisfactory and competent manner. 215. Best Buy terminated Knox's employment on or about June 14,2004, when Knox,
who was born on November 26, 1946, was 57 years old. 216. In connection with Knox's termination, Best Buy provided him with a letter that
stated that Knox was employed most recently in the position ofMgr 4, Delivery Project and that this position was eliminated. LaRae L. Lemon
217. Lemon was employed with Best Buy as a Product Capability Manager. 218. Lemon was well qualified for her Product Capability Manager position and performed her duties in a proper, satisfactory and competent manner. 219. Best Buy terminated Lemon's employment on or about June 14, 2004, when Lemon, who was born on January 30, 1955, was 49 years old. 220. In connection with Lemon's termination, Best Buy provided her with a letter that stated that Lemon was employed most recently in the position ofMgr 4, Product/Capability and that this posilion was eliminated. Shawn Xiao Liu 221. Liu was employed with Best Buy as a Technical Consultant. 222. Liu was weII qualified for his Technical Consultant position and performed his duties in a proper, satisfactory and competent manner.
-35-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 36 of 64
223. Best Buy terminated Liu's employment on or about June 14, 2004, when Liu, who was born on March 16, 1962, was 42 years old.
224. In connection with Liu's termination, Best Buy provided him with a letter that stated that Liu was employed most recently in the position of Consultant 3, Technical and that this position was eliminated. Esther G. Mazurek
225. Mazurek was employed with Best Buy as a Project Manager. 226. Mazurek was well qualified for her Project Manager position and performed her duties in a proper, satisfactory and competent manner. 227. Best Buy terminated Mazurek's employment on or about October 10, 2003, when Mazurek, who was born on September 5,1957, was 46 years old. 228. In connection with Mazurek's termination, Best Buy provided her with a letter that stated that Mazurek was employed most recently in the position of Engineer 5, Software and that this position was eliminated. Daniel J. McKenzie 229. McKenzie was employed with Best Buy as a Delivery Project Manager. 230. McKenzie was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner. 231. Best Buy terminated McKenzie's employment on or about June 14,2004, when McKenzie, who was born on March 31, 1956, was 48 years old. 232. In connection with McKenzie's termination, Best Buy provided him with a letter that stated that McKenzie was employed most recently in the position ofMgr 4, Delivery Project and that this position was eliminated.
-36-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 37 of 64
Thomas M. Noska 233. Noska was employed with Best Buy as a Delivery Project Manager. 234. Noska was well qualified for his Delivery Project Manager position and
perfonned his duties in a proper, satisfactory and competent manner. 235. Best Buy terminated Noska's employment on or about October 10, 2003, when
Noska, who was born on April 26 1950, was 53 years old. 236. In connection with Noska's tennination, Best Buy provided him with a letter that
stated that Noska was employed most recently in the position ofMgr 3, Product/Capability and that this position was eliminated. Roy D. Okins
237. Okins was employed with Best Buy as a Software Engineer. 238. Okins was well qualified for his Software Engineer position and perfonned his duties in a proper, satisfactory and competent manner. 239. Best Buy tenninated Okins' employment on or about June 14,2004, when Okins, who was born on September 3, 1946, was 57 years old. 240. In connection with Okins' tennination, Best Buy provided him with a letter that stated that Okins was employed most recently in the position of Engineer 4, Software and that this position was eliminated. Richard David Olund 241. Olund was employed with Best Buy as a Product Capability Manager. 242. Olund was well qualified for his Product Capability Manager position and perfonned his duties in a proper, satisfactory and competent manner.
-37-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 38 of 64
243. Best Buy tenninated Olund's employment on or about June 14,2004, when Olund, who was born on November 8, 1954, was 49 years old.
244. In connection with Olund's tennination, Best Buy provided him with a letter that stated that Olund was employed most recently in the position ofMgr 3, Best Practices and that this position was eliminated. Gregory J. Pettis
245. Pettis was employed with Best Buy as a Product Capability Manager. 246. Pettis was well qualified for his Product Capability Manager position and perfonned his duties in a proper, satisfactory and competent marmer. 247. Best Buytenninated Pettis' employment on or about October 10,2003, when Pettis, who was born on September 16,1947, was 56 years old. 248. In connection with Pettis' tennination, Best Buy provided him with a letter that stated that Pettis was employed most recently in the position ofMgr 3, Product/Capability and that this position was eliminated. Joy G. Piao 249. Piao was employed with Best Buy as a Senior Business Analyst. 250. Piao was well qualified for her Senior Business Analyst position and perfonned her duties in a proper, satisfactory and competent marmer. 251. Best Buy tenninated Piao's employment on or about June 14,2004, when Piao, who was born on February 16, 1960, was 44 years old. 252. In connection with Piao's tennination, Best Buy provided her with a letter that stated that Piao was employed most recently in the position of Analyst 5, Business and that this position was eliminated.
-38-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 39 of 64
Boris L. Rabichev 253. Rabichev was employed with Best Buy as a Database Analyst. 254. Rabichev was well qualified for his Database Analyst position and performed his
duties in a proper, satisfactory and competent manner. 255. Best Buy terminated Rabichev's employment on or about June 14,2004, when
Rabichev, who was born on January 13,1958, was 46 years old. 256. In connection with Rabichev's termination, Best Buy provided him with a letter
that stated that Rabichev was employed most recently in the position of Analyst 2, Database and that this position was eliminated. Joy M. Reinhart
257. Reinhart was employed with Best Buy as a Business Analyst. 258. Reinhart was well qualified for her Business Analyst position and performed her duties in a proper, satisfactory and competent manner. 259. Best Buy terminated Reinhart's employment on or about June 14,2004, when Reinhart, who was born on July 8, 1953, was 50 years old. 260. In connection with Reinhart's termination, Best Buy provided her with a letter that stated that Reinhart was employed most recently in the position of Analyst 5, Business and that this position was eliminated. JoAnn Baird Shoemaker 261. Shoemaker was employed with Best Buy as a Business Analyst. 262. Shoemaker was well qualified for her Business Analyst position and performed her duties in a proper, satisfactory and competent manner.
-39-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 40 of 64
263. Best Buy tenninated Shoemaker's employment on or about June 14,2004, when Shoemaker, who was born on December 9,1956, was 47 years old.
264. In connection with Shoemaker's tennination, Best Buy provided her with a letter that stated that Shoemaker was employed most recently in the position of Analyst 5, Business and that this position was eliminated. Kent D. Smith
265. Smith was employed with Best Buy as a Delivery Project Manager. 266. Smith was well qualified for his Delivery Project Manager position and perfonned his duties in a proper, satisfactory and competent manner. 267. Best Buy tenninated Smith's employment on or about June 14,2004, when Smith, who was born on August 20, 1960, was 43 years old. 268. In connection with Smith's tennination, Best Buy provided him with a letter that stated that Smith was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Lynette M. Steuck 269. Steuck was employed with Best Buy as a Delivery Project Manager. 270. Steuck was well qualified for her Delivery Project Manager position and perfonned her duties in a proper, satisfactory and competent manner. 271. Best Buy tenninated Steuck's employment on or about June 14,2004, when Steuck, who was born on March 31,1953, was 51 years old. 272. In connection with Steuck's tennination, Best Buy provided her with a letter that stated that Steuck was employed most recently in the position ofMgr 3, Delivery Project and that this position was eliminated.
-40-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 41 of 64
Gregory K Stoner 273. Stoner was employed with Best Buy as a Delivery Project Manager. 274. Stoner was well qualified for his Delivery Project Manager position and
performed his duties in a proper, satisfactory and competent manner. 275. Best Buy terminated Stoner's employment on or about June 14,2004, when
Stoner, who was born on February 26, 1952, was 52 years old. 276. In connection with Stoner's termination, Best Buy provided him with a letter that
stated that Stoner was employed most recently in the position of Mgr 2, Delivery Project and that this position was eliminated. Billy S. Summers
277. Summers was employed with Best Buy as a Software Engineer. 278. Summers was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 279. Best Buy terminated Summers' employment on or about October 10, 2003, when Summers, who was born on May 31, 1942, was 61 years old. 280. In connection with Summers' termination, Best Buy provided him with a letter that stated that Summers was employed most recently in the position of Engineer 4, Software and that this position was eliminated. Marina Vorobeychik 281. Vorobeychik was employed with Best Buy as a Consultant. 282. Vorobeychik was well qualified for her Consultant position and performed her duties in a proper, satisfactory and competent manner.
-41-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 42 of 64
283. Best Buy tenninated Vorobeychik's employment on or about October 10, 2003, when Vorobeychik, who was born on October 30,1956, was 46 years old.
284. In connection with Vorobeychik's tennination, Best Buy provided her with a letter that stated that Vorobeychik was employed most recently in the position of Consultant 2 and that this position was eliminated. Richard L. Walstrom
285. Walstrom was employed with Best Buy as a Technical Consultant. 286. Walstrom was well qualified for his Technical Consultant position and perfonned his duties in a proper, satisfactory and competent manner. 287. Best Buy tenninated Walstrom's employment on or about June 14,2004, when Walstrom, who was born on December 9,1946, was 57 years old. 288. In connection with Walstrom's tennination, Best Buy provided him with a letter that stated that Walstrom was employed most recently in the position of Consultant 4, Technical and that this position was eliminated. Philip B. Winters 289. Winters was employed with Best Buy as a Product Capability Manager. 290. Winters was well qualified for his Product Capability Manager position and perfonned his duties in a proper, satisfactory and competent manner. 291. Best Buy tenninated Winters' employment on or about June 14,2004, when Winters, who was born on February 10, 1962, was 42 years old. 292. In connection with Winters' tennination, Best Buy provided him with a letter that stated that Winters was employed most recently in the position ofMgr 4, Product/Capability and that this position was eliminated.
-42-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 43 of 64
Ernest R. Zahradka 293. Zahradka was employed with Best Buy as a Delivery Project Manager. 294. Zahradka was well qualified for his Delivery Project Manager position and
performed his duties in a proper, satisfactory and competent manner. 295. Best Buy terminated Zahradka's employment on or about June 14,2004, when
Zahradka, who was born on November 17, 1962, was 41 years old. 296. In connection with Zahradka's termination, Best Buy provided him with a letter
that stated that Zahradka was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Opt-In Plaintiffs
297. Each person similarly situated to the above-named Plaintiffs who affirmatively opts into this action by filing a notice was formerly employed by Best Buy in its corporate office in Minnesota. Each was well-qualified for the position or positions he or she held and performed his or her duties in a satisfactory and competent manner. Nevertheless, Best Buy terminated, demoted, forced to retire or resign, or otherwise adversely affected the employment of each such person in whole or in part due to his or her age.
COUNT ONE ADEA REPRESENTATIVE ACTION 298. Plaintiffs incorporate herein by reference paragraphs 1 through 297, above. 299. This is a representative action under 29 U.S.C. § 626(b) and 29 U.S.C. § 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this action by filing an appropriate notice.
-43-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 44 of 64
300. As set forth more fully above, Best Buy has engaged in an unlawful pattern or practice of age discrimination that has adversely affected the above-named Plaintiffs and other similarly situated present and former employees of Best Buy in the IS department and other departments or units, in violation of the ADEA, 29 U.S.C. § 621, et. seq.
301. The aforesaid unlawful pattern or practice of age discrimination by Best Buy is in willful violation of the ADEA.
302. The above-named Plaintiffs and others similarly situated were adversely affected by the aforesaid pattern or practice of unlawful, willful age discrimination by Best Buy.
303. By engaging in said unlawful and willful pattern or practice of age discrimination as described herein, Best Buy prevented the named Plaintiffs and other similarly situated employees from obtaining the income, pension, retirement and insurance benefits, and other compensation and benefits that they otherwise would have earned and received.
304. As a direct and proximate result ofthe aforesaid unlawful and willful pattern or practice of age discrimination by Best Buy in violation of the ADEA, each ofthe Plaintiffs has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation and lost retirement benefits, insurance benefits, and other employee benefits.
COUNT TWO INDIVIDUAL AGE DISCRIMINATION CLAIMS - ADEA AND MHRA 305. Plaintiffs incorporate herein by reference paragraphs I through 304, above. 306. Best Buy discriminated against Hall because of his age in willful violation of the ADEA and MHRA by engaging in the aforesaid pattern or practice of age discrimination and by terminating Hall's employment in 2003.
-44-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 45 of 64
307. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Hall, Hall has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
308. Best Buy discriminated against Jothen because of his age in willful violation of the ADEA and MHRA by engaging in the aforesaid pattern or practice of age discrimination and by terminating Jothen's employment in 2003.
309. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Jothen, Jothen has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
310. Best Buy discriminated against Aschenbeck because of her age in willful violation ofthe ADEA and MHRA by engaging in the aforesaid pattern or practice of age discrimination and by terminating Aschenbeck's employment in 2004.
311. As a direct and proximate result of Defendant's unlawful and willful age discrimination against Aschenbeck, Aschenbeck has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
-45-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 46 of 64
312. Best Buy discriminated against Brennan because of his age in willful violation of the ADEA and MHRA by engaging in the aforesaid pattern or practice of age discrimination and by terminating Brennan's employment in 2004.
313. As a direct and proximate result of Defendant's unlawful and willful age discrimination against Brennan, Brennan has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
314. Best Buy discriminated against Carlson because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Carlson's employment in 2004.
315. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Carlson, Carlson has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
316. Best Buy discriminated against Camey because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Camey's employment in 2004.
317. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Carney, Carney has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost
-46-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 47 of 64
retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
318. Best Buy discriminated against Chen because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Chen's employment in 2004.
319. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Chen, Chen has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
320. Best Buy discriminated against Clausen because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Clausen's employment in 2004.
321. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Clausen, Clausen has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
322. Best Buy discriminated against Draper because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Draper's employment in 2004.
323. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Draper, Draper has suffered damages in an amount to be determined at
-47-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 48 of 64
trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
324. Best Buy discriminated against Flemino because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Flemino's employment in 2004.
325. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Flemino, Flemino has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
326. Best Buy discriminated against Foster because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Foster's employment in 2004.
327. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Foster, Foster has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
328. Best Buy discriminated against Giles because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Giles' employment in 2004.
-48-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 49 of 64
329. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Giles, Giles has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
330. Best Buy discriminated against Hanson because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Hanson's employment in 2003.
331. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Hanson, Hanson has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
332. Best Buy discriminated against Hartmann because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Hartmann's employment in 2004.
333. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Hartmann, Hartmann has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
-49-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 50 of 64
334. Best Buy discriminated against Holtan because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Holtan's employment in 2003.
335. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Holtan, Holtan has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
336. Best Buy discriminated against Hudson because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Hudson's employment in 2004.
337. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Hudson, Hudson has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
338. Best Buy discriminated against Ivanov because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Ivanov's employment in 2004.
339. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Ivanov, Ivanov has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost
-50-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 51 of 64
retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
340. Best Buy discriminated against James because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating James' employment in 2003.
341. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against James, James has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
342. Best Buy discriminated against Juergens because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Juergens' employment in 2003.
343. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Juergens, Juergens has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
344. Best Buy discriminated against Juntti because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Juntti's employment in 2004.
345. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Juntti, Juntti has suffered damages in an amount to be determined at trial,
-51-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 52 of 64
including, but not limited to, lost salary, bonuses, and other fonns of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
346. Best Buy discriminated against Kelly because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by tenninating Kelly's employment in 2003.
347. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Kelly, Kelly has suffered damages in an amount to be detennined at trial, including, but not limited to, lost salary, bonuses, and other fonns of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
348. Best Buy discriminated against Kessler because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by tenninating Kessler's employment in 2004.
349. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Kessler, Kessler has suffered damages in an amount to be detennined at trial, including, but not limited to, lost salary, bonuses, and other fonns of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
350. Best Buy discriminated against Kleiner because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by tenninating Kleiner's employment in 2003.
-52-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 53 of 64
351. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Kleiner, Kleiner has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
352. Best Buy discriminated against Knox because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Knox's employment in 2004.
353. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Knox, Knox has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
354. Best Buy discriminated against Lemon because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Lemon's employment in 2004.
355. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Lemon, Lemon has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
-53-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 54 of 64
356. Best Buy discriminated against Liu because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Liu's employment in 2004.
357. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Liu, Liu has suffered damages in an amount to be detennined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
358. Best Buy discriminated against Mazurek because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Mazurek's employment in 2003.
359. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Mazurek, Mazurek has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
360. Best Buy discriminated against McKenzie because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating McKenzie's employment in 2004.
361. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against McKenzie, McKenzie has suffered damages in an amount to be detennined at trial, including, but not limited to, lost salary, bonuses, and other forms of
-54-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 55 of 64
compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
362. Best Buy discriminated against Noska because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Noska's employment in 2003.
363. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Noska, Noska has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
364. Best Buy discriminated against Okins because of his age in willful violation ofthe ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating akins' employment in 2004.
365. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against akins, Okins has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
366. Best Buy discriminated against Olund because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Olund's employment in 2004.
367. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Olund, Olund has suffered damages in an amount to be determined at trial,
-55-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 56 of 64
including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
368. Best Buy discriminated against Pettis because of his age in willful violation ofthe ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Pettis' employment in 2003.
369. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Pettis, Pettis has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms ofcompensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
370. Best Buy discriminated against Piao because of her age in willful violation ofthe ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Piao's employment in 2004.
371. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Piao, Piao has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
372. Best Buy discriminated against Rabichev because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Rabichev's employment in 2004.
-56-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 57 of 64
373. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Rabichev, Rabichev has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
374. Best Buy discriminated against Reinhart because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Reinhart's employment in 2004.
375. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Reinhart, Reinhart has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
376. Best Buy discriminated against Shoemaker because of her age in willful violation ofthe ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Shoemaker's employment in 2004.
377. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Shoemaker, Shoemaker has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
-57-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 58 of 64
378. Best Buy discriminated against Smith because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Smith's employment in 2004.
379. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Smith, Smith has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
380. Best Buy discriminated against Steuck because of her age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Steuck's employment in 2004.
381. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Steuck, Steuck has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
382. Best Buy discriminated against Stoner because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Stoner's employment in 2004.
383. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Stoner, Stoner has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost
-58-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 59 of 64
retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
384. Best Buy discriminated against Summers because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Summers' employment in 2003.
385. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Summers, Summers has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
386. Best Buy discriminated against Vorobeychik because of her age in willful violation ofthe ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Vorobeychik's employment in 2003.
387. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Vorobeychik, Vorobeychik has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
388. Best Buy discriminated against Walstrom because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Walstrom's employment in 2004.
389. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Walstrom, Walstrom has suffered damages in an amount to be determined
-59-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 60 of 64
at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
390. Best Buy discriminated against Winters because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of age discrimination and by terminating Winters' employment in 2004.
391. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Winters, Winters has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
392. Best Buy discriminated against Zahradka because of his age in willful violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattem or practice of age discrimination and by terminating Zabradka's employment in 2004.
393. As a direct and proximate result of Best Buy's unlawful and willful age discrimination against Zahradka, Zabradka has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
394. Best Buy also discriminated on the basis of age, in willful violation of the ADEA and MHRA, against each similarly situated person who may hereafter opt into this action, by engaging in the aforesaid pattern or practice of age discrimination and by terminating, demoting, forcing to retire or resign, or otherwise adversely effecting the employment of such persons. As
-60-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 61 of 64
a direct and proximate result thereof, each such person has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
COUNT THREE OLDER WORKERS BENEFIT PROTECTION ACT 395. Plaintiffs incorporate herein by reference paragraphs I through 394, above. 396. This is a representative action under 29 U.S.C. § 626(b) and 29 U.S.C. § 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this action. 397. As set forth more fully above, Best Buy sought to obtain releases of age discrimination claims from the above-named Plaintiffs and other similarly situated employees without complying with the Older Workers Benefit Protection Act, 29 U.S.C. § 626(f). 398. The above-named Plaintiffs and others similarly situated were adversely affected by Best Buy's failure to comply with the Older Workers Benefit Protection Act. 399. The above-named Plaintiffs and other similarly situated employees are entitled to a declaration from the Court that Best Buy failed to comply with the Older Workers Benefit Protection Act in seeking and obtaining releases of age discrimination claims and that, as a result, such releases are invalid.
COUNT FOUR AGE DISCRIMINATION - DISPARATE IMPACT 400. Plaintiffs incorporate herein by reference paragraphs 1 through 399, above.
-61-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 62 of 64
401. This is a representative action under 29 U.S.C. § 626(b) and 29 U.S.C. § 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this action by filing an appropriate notice.
402. As set forth more fully above, Best Buy has utilized practices, policies and procedures that have disparately impacted the above-named Plaintiffs and other similarly situated present and former employees of Best Buy in the IS department and other departments or units, resulting in an unlawful pattern or practice of age discrimination in violation of the ADEA, 29 U.S.C. § 621, et seq.
403. The above-named Plaintiffs and others similarly situated were disparately impacted by the discriminatory practices, policies and procedures of Best Buy.
404. As set forth more fully above, Best Buy has utilized practices, policies and procedures that have also disparately impacted each of the above-named Plaintiffs because of his or her age in violation of the ADEA and the MHRA.
405. As a direct and proximate result of the aforesaid age discrimination by Best Buy, each of the Plaintiffs has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
JURY DEMAND 406. The Plaintiffs demand a trial by jury. WHEREFORE, Plaintiffs request that the Court enter judgment in their favor and against Best Buy as follows: 1. Awarding each of the Plaintiffs back pay and benefits, together with interest thereon;
-62-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 63 of 64

2. Restoring each of the Plaintiffs to positions comparable to the ones from which

they were terminated or demoted or, in lieu of reinstatement, awarding each Plaintiff front pay

and benefits for the period remaining until that person's expected retirement age;

3. Awarding each of the Plaintiffs liquidated damages pursuant to the ADEA in an

amount equal to that person's back pay and benefits award, together with interest thereon;

4. Awarding each of the Plaintiffs all other damages recoverable under the MHRA,

including compensatory damages, damages for mental anguish and suffering, treble damages and

punitive damages; 5. For a declaration that the releases of age discrimination claims presented by Best

Buy to Plaintiffs and other similarly situated employees of Best Buy are invalid as a matter of

law; 6.

Awarding Plaintiffs attorneys fees and costs pursuant to 29 U.S.C. §§ 2l6(b) and

626(b); and Minn. Stat. § 363.14, subd. 3; 7. Awarding Plaintiffs prejudgment interest and their costs and disbursements

herein; and 8. Awarding Plaintiffs such other and further relief as the Court and/or the jury

deems equitable, appropriate and just. Dated: November 17, 2004

GRAY PLANT MOOTY MOOTY & BENNETT, P.A.
~-L
Stephen J. slYder (#103019) 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 632-3000 Attorneys for Plaintiffs

GP:I640I29 vI

-63-

Case 0:04-cv-04812-MJD-AJB Document 1 Filed 11/17/04 Page 64 of 64

500 IDS CioN r[R

1010 \VEST ST. GERMAI"I STRU-I

80 SOUTH EIGHTH STREoET MIKJ\E ... rOLlS, MT\" 55402~3796
- f·{ t 612632-3000

Sun~ 600 .. ,~_ ,..';;::':..\LC:-~P"i\1\N 56301
t __ ~~"~ \25-i~;h~

- - Fax: 612 632-4444

Fax: 320 252-4482

- 0.' I1 P"·l C' '~ tH\0ilf.',

hi R~ : l;

St~Ji!iln J.Snyde~ ~i:' -:i'
612 63~Msl250' ,I:;'
stephen.snyder@gpmlaw.com

November 17, 2004

Via Hand Delivery Clerk of Court United States District Court 300 South Fourth Street, Suite 202 Minneapolis, MN 55415
Re: Verne A. Hall, et al. v. Best Buy Company, Inc., et al.
Dear SirlMadam:
We enclose for filing the following:
I. Complaint;
2. Civil Cover Sheet; and
3. Filing fee in the amount of$150.00.
I am also enclosing a Summons for this case. Could you please sign and seal the Summons and return it to our messenger.
If you have any questions, please contact me.
Very truly yours,
~~\~
Stephen J. Snyder
SJS:sc Enclosures
GPJ646971 vi

GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. ATTORNEYS AT LAW www.gpmlaw.com

 
 Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 1 of 30

UNITED STATES DISTRICT COURT
DISTRICT OF MINSOTA

)
Verne A. Hall, Erik M. J othen, Susan J. )
Aschenbeck, Donald P. Brennan, Roberta S. )
(Filler) Carlson, John J. Carney, Fang-Pai )
Chen, Ronnie B. Clausen, David L. Draper, )
Gary L. Flemino, Debra Jean Foster, )
Linda K. Giles, Janice B. Hanson, )
Richard W. Hartmann, PaulO. Holtan, )
Andre M. Hudson, Oleg Ivanov, Vaughn)
Edwen James, Hugh F. Juergens, Glen A. )
Juntti, Sharon L. Kelly, Vladimir Kessler, )
Sally M. Kleiner, Randall S. Knox, Janet L. )
Lekson, LaRae L. Lemon, Shawn Xiao Liu, )
Esther G. Mazurek, Daniel J. McKenzie, )
Thomas M. Noska, Roy D. Okins, Richard)
David Olund, Gregory J. Pettis, Joy G. Piao, )
Boris L. Rabichev, Joy M. Reinhart, JoAnn )
Baird Shoemaker, Kent D. Smith, )
Lynette M. Steuck, Gregory K. Stoner, )
Billy S. Summers, Marina Vorobeychik, )
Richard L. Walstrom, Philip B. Winters, )

Hong Yan, Ernest R. Zahradka, for and on )
similarly situated, ) behalf of themselves and other persons )

)

Plaintiffs,

)

)

vs.

)

)
Services, Inc. ) Best Buy Co., Inc. and Best Buy Enterprise)

)
Defendants. )
)

Civil No. 04-4812 (MJD/JGL)
AMENDED COMPLAINT
Demand for Jury Trial

Plaintiffs Verne A. Hall, Erik M. Jothen, Susan J. Aschenbeck, Donald P. Brennan, Roberta S. (Filler) Carlson, John J. Carney, Fang-Pai Chen, Ronnie B. Clausen, David L. Draper, Gary L. Flemino, Debra Jean Foster, Linda K. Giles, Janice B. Hanson, Richard W. Hartmann, PaulO. Holtan, Andre M. Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F. Juergens,

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 2 of 30

Glen A. Juntti, Sharon L. Kelly, Vladimir Kessler, Sally M. Kleiner, Randall S. Knox, Janet L.

Lekson, LaRae L. Lemon, Shawn Xiao Liu, Esther G. Mazurek, Daniel J. McKenzie, Thomas M.

Noska, Roy D. Okins, Richard David Olund, Gregory J. Pettis, Joy G. Piao, Boris L. Rabichev,

Joy M. Reinhart, JoAnn Baird Shoemaker, Kent D. Smith, Lynette M. Steuck, Gregory K.

Stoner, Billy S. Summers, Marina Vorobeychik, Richard L. Walstrom, Philip B. Winters, Hong

Yan, Ernest R. Zahradka, for and in behalf of

themselves and other persons similarly situated

(collectively, "Plaintiffs"), for their Complaint against Best Buy Co., Inc. and Best Buy Enterprise Services, Inc. (collectively, "Best Buy"), state and allege as follows:
PARTIES AND JURISDICTION 1. Plaintiff Verne A. Hall ("Hall") resides in Wisconsin. Hall was employed by Best Buy in Minnesota until his termination on October 14,2003. Hall was then 60 years old. 2. Plaintiff Erik M. Jothen ("Jothen") resides in Minnesota. Jothen was employed by Best Buy in Minnesota until his termination on October 10, 2003. Jothen was then 53 years

old.
3.

PlaintitI Susan J. Aschenbeck ("Aschenbeck") resides in Minnesota. Aschenbeck

was employed by Best Buy in Minnesota until her termination on June 14, 2004. Aschenbeck

was then 40 years old.
4. Plaintiff Donald P. Brennan ("Brennan") resides in Minnesota. Brennan was
employed by Best Buy in Minnesota until his termination on June 14,2004. Brennan was then 47 years old.
5. Plaintiff Roberta S. (Filer) Carlson ("Carlson") resides in Minnesota. Carlson was employed by Best Buy in Minnesota until her termination on June 14, 2004. Carlson was

then 45 years old.

-2-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 3 of 30

6. Plaintiff John J. Carney ("Carney") resides in Minnesota. Carney was employed

by Best Buy in Minnesota until his termination on June 14,2004. Carney was then 50 years old.

7. PlaintiffFang-Pai Chen ("Chen") resides in Minnesota. Chen was employed by

Best Buy in Minnesota until his termination on June 14,2004. Chen was then 56 years old.

8. Plaintiff Ronnie B. Clausen ("Clausen") resides in Wisconsin. Clausen was

employed by Best Buy in Minnesota until his termination on June 14, 2004. Clausen was then

46 years old.

9. Plaintiff David L. Draper ("Draper") resides in Minnesota. Draper was employed

by Best Buy in Minnesota until his termination on June 14,2004. Draper was then 59 years old.

10. Plaintiff Gary L. Flemino ("Flemino") resides in Minnesota. Flemino was

employed by Best Buy in Minnesota until his termination on June 14,2004. Flemino was then

62 years old.

11.

Plaintiff

Debra Jean Foster ("Foster") resides in Minnesota. Foster was employed

by Best Buy in Minnesota until her termination on June 14,2004. Foster was then 46 years old.

12. PlaintitI Linda K. Giles ("Giles") resides in Minnesota. Giles was employed by

Best Buy in Minnesota until her termination on June 14,2004. Giles was then 41 years old.

13. Plaintiff Janice B. Hanson ("Hanson") resides in Minnesota. Hanson was

employed by Best Buy in Minnesota until her termination on October 10,2003. Hanson was

then 54 years old.

14. Plaintiff Richard W. Hartmann ("Hartmann") resides in Minnesota. Hartmann

was employed by Best Buy until his termination on June 14,2004. Hartmann was then 43 years

old.

-3-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 4 of 30

15.

Plaintiff

Paul O. Holtan ("Holtan") resides in Minnesota. Holtan was employed

by Best Buy in Minnesota until his termination on October 10, 2003. Holtan was then 54 years

old.

16. Plaintiff Andre M. Hudson ("Hudson") resides in Minnesota. Hudson was

employed by Best Buy in Minnesota until his termination on June 14,2004. Hudson was then 40

years old.

17. PlaintiffOleg Ivanov ("Ivanov") resides in Minnesota. Ivanov was employed by

Best Buy in Minnesota until his termination on June 14,2004. Ivanov was then 43 years old.

18.

Plaintiff

Vaughn Edwen James ("James") resides in Minnesota. James was

employed by Best Buy in Minnesota until his termination on October 10,2003. James was then

71 years old.

19.

Plaintiff

Hugh F. Juergens ("Juergens") resides in Minnesota. Juergens was

employed by Best Buy in Minnesota until his termination on October 10, 2003. Juergens was

then 56 years old.

20. PlaintitI Glen A. Juntti ("Juntti") resides in Minnesota. Juntti was employed by

Best Buy in Minnesota until his termination on June 14,2004. Juntti was then 55 years old.

21. Plaintiff Sharon L. Kelly ("Kelly") resides in Minnesota. Kelly was employed by

Best Buy in Minnesota until her termination on October 10,2003. Kelly was then 50 years old.

22. Plaintiff Vladimir Kessler ("Kessler") resides in Minnesota. Kessler was

employed by Best Buy in Minnesota until his termination on June 14,2004. Kessler was then 43

years old.

-4-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 5 of 30

23. Plaintiff Sally M. Kleiner ("Kleiner") resides in Minnesota. Kleiner was

employed by Best Buy in Minnesota until her termination on October 10,2003. Kleiner was

then 54 years old.

24.

Plaintiff

Randall S. Knox ("Knox") resides in Minnesota. Knox was employed by

Best Buy in Minnesota until his termination on June 14,2004. Knox was then 57 years old.

25. Plaintiff Janet L. Lekson ("Lekson") resides in Minnesota. Lekson was employed

by Best Buy in Minnesota until her termination on June 14, 2004. Lekson was then 51 years old.

26. Plaintiff LaRae L. Lemon ("Lemon") resides in Minnesota. Lemon was

employed by Best Buy in Minnesota until her termination on June 14,2004. Lemon was then 49

years old.

27. Plaintiff Shawn Xiao Liu ("Liu") resides in Minnesota. Liu was employed by

Best Buy in Minnesota until his termination on June 14,2004. Liu was then 42 years old.

28.

Plaintiff

Esther G. Mazurek ("Mazurek") resides in Minnesota. Mazurek was

employed by Best Buy in Minnesota until her termination on October 10,2003. Mazurek was

then 46 years old.

29. Plaintiff Daniel J. McKenzie ("McKenzie") resides in Minnesota. McKenzie was

employed by Best Buy in Minnesota until his termination on June 14,2004. McKenzie was then

48 years old.

30.

Plaintiff

Thomas M. Noska ("Noska") resides in Minnesota. Noska was

employed by Best Buy in Minnesota until his termination on October 10, 2003. Noska was then

53 years old.

31. Plaintiff Roy D. Okins ("Okins") resides in Minnesota. Okins was employed by

Best Buy in Minnesota until his termination on June 14,2004. Okins was then 57 years old.

-5-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 6 of 30

32.

Plaintiff

Richard David Olund ("Olund") resides in Minnesota. Olund was

employed by Best Buy in Minnesota until his termination on June 14, 2004. Olund was then 49

years old.

33. Plaintiff Gregory J. Pettis ("Pettis") resides in Minnesota. Pettis was employed by

Best Buy in Minnesota until his termination on October 10, 2003. Pettis was then 56 years old.

34. Plaintiff Joy G. Piao ("Piao") resides in TIinois. Piao was employed by Best Buy

in Minnesota until her termination on June 14,2004. Piao was then 44 years old.

35. Plaintiff Boris L. Rabichev ("Rabichev") resides in Minnesota. Rabichev was

employed by Best Buy until his termination on June 14,2004. Rabichev was then 46 years old.

36. Plaintiff Joy M. Reinhart ("Reinhart") resides in Minnesota. Reinhart was

employed by Best Buy in Minnesota until her termination on June 14,2004. Reinhart was then

50 years old.

37. Plaintiff JoAnn Baird Shoemaker ("Shoemaker") resides in Minnesota.

Shoemaker was employed by Best Buy in Minnesota until her termination on June 14,2004.

Shoemaker was then 47 years old.

38. Plaintiff Kent D. Smith ("Smith") resides in Minnesota. Smith was employed by

Best Buy in Minnesota until his termination on June 14,2004. Smith was then 43 years old.

39.

Plaintiff

Lynnette M. Steuck ("Steuck") resides in Minnesota. Steuck was

employed by Best Buy in Minnesota until her termination on June 14, 2004. Steuck was then 51

years old.

40. Plaintiff Gregory K. Stoner ("Stoner") resides in Minnesota. Stoner was

employed by Best Buy in Minnesota until his termination on June 14,2004. Stoner was then 52

years old.

-6-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 7 of 30

41.

Plaintiff

Billy S. Summers ("Summers") resides in Kentucky. Summers was

employed by Best Buy in Minnesota until his termination on October 10, 2003. Summers was

then 61 years old.
42. Plaintiff Marina V orobeychik ("V orobeychik") resides in Minnesota.

Vorobeychik was employed by Best Buy in Minnesota until her termination on October 10,

2003. V orobeychik was then 46 years old.

43.

Plaintiff

Richard L. Walstrom ("Walstrom") resides in Minnesota. Walstrom was

employed by Best Buy in Minnesota until his termination on June 14,2004. Walstrom was then

57 years old.

44.

Plaintiff

Philip B. Winters ("Winters") resides in Minnesota. Winters was

employed by Best Buy in Minnesota until his termination on June 14,2004. Winters was then

42 years old.

45.

Plaintiff

Hong Yan ("Yan") resides in Minnesota. Yan was employed by Best

Buy in Minnesota until her termination on June 14, 2004. Yan was then 50 years old.

46. PlaintitIErnest R. Zahradka ("Zahradka") resides in Minnesota. Zahradka was

employed by Best Buy in Minnesota until his termination on June 14,2004. Zahradka was then

41 years old.
47. Defendant Best Buy Co., Inc. is a Minnesota corporation with its principal place

of business in Minnesota. Defendant Best Buy Enterprises, Inc. is a Minnesota corporation with

its principal place of

business in Minnesota, and is a wholly owned subsidiary of

Defendant Best

Buy Co., Inc.

-7-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 8 of 30

48. Both Defendants are employers within the meaning of the federal Age

Discrimination in Employment Act ("ADEA"), 29 US.C. § 621, et. seq., the Minnesota Human

Rights Act ("MHA"), Minn. Stat. CEo 363, and Minn. Stat. § 181.81.

49. This action is brought under the ADEA, 29 US.C. § 621, et. seq., and under 29

US.C. § 216(b) for and in behalf of

the above-named Plaintiffs and other persons similarly

situated who may opt into the action, and this Court therefore has original jurisdiction over this

action pursuant to 28 US.C. § 1331.

50. This Court has supplemental jurisdiction over Plaintiffs' state law claims pursuant

to 28 US.C. § 1367 because those claims are pendent to and part of

the same case or controversy

as that giving rise to the ADEA claims.

51. Venue of this action in the United States District Court for the District of

Minnesota is proper pursuant to 28 US.C. § 1391(b) because both Defendants reside in the

District of Minnesota and pursuant to 28 US.C. § 1391(c) because the events giving rise to

Plaintitls' claims occurred in the District of

Minnesota.

ADMINISTRA TIVE CHARGES AND PROCEEDINGS

52. On or about December 22, 2003, Plaintiff Hall timely fied a class-wide charge of

age discrimination with the US. Equal Employment Commission ("EEOC"), which was cross-

filed with the Minnesota Department of

Human Rights ("MDHR"), alleging among other things

that: (a) Best Buy was engaging in a pattern or practice of age discrimination against himself and

other similarly situated older employees; (b) his termination was part of a class-wide pattern or

practice of age-based terminations, demotions and forced retirements and resignations in the is

Department that began in 2002 and was continuing; (c) Best Buy had been hiring and promoting

younger persons throughout this same period; (d) Best Buy provided incomplete, misleading and

-8-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 9 of 30

false information to him and to others in an attempt to induce them to waive their rights under

the federal Age Discrimination in Employment Act and the Minnesota Human Rights Act by

withholding from them accurate information about the extent and scope of its pattern of

terminations of older employees; and ( e) he was filing the charge on behalf of himself and all

similarly situated employees of

Best Buy who had been terminated, demoted, or forced to retire

or resign their employment in whole or in part due to their ages during the years 2002 and 2003.

53. On or about December 22, 2003, Plaintiff Jothen timely fied a class-wide charge

of age discrimination with the EEOC, which was cross-fied with the MDHR, alleging among

other things that: (a) Best Buy was engaging in a pattern or practice of age discrimination against

himself and other similarly situated older employees; (b) his termination was part of a class-wide

pattern or practice of age-based terminations, demotions and forced retirements and resignations

in the is Department that began in 2002 and was continuing; ( c) Best Buy failed to consider him

for open positions for which he was qualified; (d) Best Buy had been hiring and promoting

younger persons throughout this same period; (e) Best Buy provided him no demographic data

about those who were terminated and those who were retained, and refused to give him more

than 24 days in which to consider the release with which he was presented; (t) Best Buy withheld

the demographic data and gave him less time to consider the release because it wanted him and

others to sign the release without knowing the extent and scope of its pattern of terminations of

older employees; and (g) he was filing the charge on behalf of himself and all similarly situated

employees of

Best Buy who had been terminated, demoted, or forced to retire or resign their

employment in whole or in part due to their ages during the years 2002 and 2003.

54. On or about August 26, 2004, Plaintiff Aschenbeck timely filed a class-wide

charge of age discrimination with the EEOC, which was cross-fied with the MDHR, alleging

-9-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 10 of 30

among other things that: (a) Best Buy was engaging in a pattern or practice of age discrimination

against herself and other similarly situated older employees; (b) her termination was part of a

class-wide pattern or practice of age-based terminations, demotions and forced retirements and

resignations in the is Department that began in 2003 and was continuing; ( c) Best Buy also

notified employees in other departments that they were being terminated at the same time, and

these terminations fell disproportionately on older employees; (d) Best Buy had been hiring and

promoting younger persons throughout this same period; ( e) Best Buy provided incomplete,

misleading and false information to her and to others in an attempt to induce them to waive their

rights under the federal Age Discrimination in Employment Act and the Minnesota Human

Rights Act by withholding from them accurate information about the extent and scope of its

pattern of

terminations of older employees; and (t) she was fiing the charge on behalf of

herself

and all similarly situated persons age 40 or over who Best Buy terminated, demoted, or forced to

retire or resign during the time period from January 1, 2003, to the present.

55. On or about August 26, 2004, PlaintifIBrennan timely fied a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Brennan, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

56. On or about August 20, 2004, Plaintiff Carlson timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

-10-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 11 of 30

law by, among other things, terminating Carlson, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

57. On or about August 20, 2004, Plaintiff Carney timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of

age in violation of

the ADEA and Minnesota

law by, among other things, terminating Carney, and, by terminating, demoting, or forcing the

resignation or retirement of other older employees.

58. On or about August 4, 2004, Plaintiff Chen timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Chen, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

59. On or about August 26, 2004, PlaintitI Clausen timely tiled a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Clausen, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

60.

On or about August 20, 2004, Plaintiff

Draper timely filed a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

-11-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 12 of 30

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Draper, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

61. On or about August 20, 2004, PlaintiffFlemino timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Flemino, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

62.

On or about August 20, 2004, Plaintiff

Foster timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Foster, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

63. On or about August 27, 2004, Plaintiff Giles timely fied a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Giles, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

64.

On or about January 20, 2004, Plaintiff

Hanson timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

-12-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 13 of 30

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Hanson, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

65.

On or about August 26, 2004, Plaintiff

Hartmann timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Hartmann, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

66.

On or about January 29, 2004, Plaintiff

Holtan timely filed a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Holtan, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

67.

On or about August 20, 2004, Plaintiff

Hudson timely fied a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Hudson, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

-13-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 14 of 30
68. On or about August 26, 2004, PlaintiffIvanov timely filed a class-wide administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Ivanov, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
69. On or about January 22, 2004, Plaintiff James timely fied a class-wide administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating James, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
70. On or about January 23, 2004, Plaintiff Juergens timely fied a class-wide administrative charge with the EEOC, which was cross-tiled with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota law by, among other things, terminating Juergens, and by terminating, demoting, or forcing the resignation or retirement of other older employees.
71. On or about August 25, 2004, Plaintiff Juntti timely filed a class-wide administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and other similarly situated employees on the basis of age in violation of the ADEA and Minnesota
-14-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 15 of 30

law by, among other things, terminating Juntti, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

72.

On or about February 24,2004, Plaintiff

Kelly timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of

age in violation of

the ADEA and Minnesota

law by, among other things, terminating Kelly, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

73.

On or about August 26, 2004, Plaintiff

Kessler timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Kessler, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

74. On or about February 17, 2004, PlaintitIKleiner timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Kleiner, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

75.

On or about August 20, 2004, Plaintiff

Knox timely filed a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

-15-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 16 of 30

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Knox, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

76.

On or about August 20, 2004, Plaintiff

Lemon timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Lemon, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

77. On or about August 25, 2004, PlaintiffLiu timely filed a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Liu, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

78. On or about March 17, 2004, Plaintiff Mazurek timely fied a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, alleging which,

like the charges of

Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her

and other similarly situated employees on the basis of age in violation of the ADEA and

Minnesota law by, among other things, terminating Mazurek, and by terminating, demoting, or

forcing the resignation or retirement of other older employees.

79.

On or about August 20, 2004, Plaintiff

McKenzie timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

-16-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 17 of 30

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating McKenzie, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

80.

On or about February 24,2004, Plaintiff

Noska timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Noska, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

81. On or about August 25, 2004, PlaintiffOkins timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Okins, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

82.

On or about August 25, 2004, Plaintiff

Olund timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Olund, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

-17-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 18 of 30

83.

On or about March 30,2004, Plaintiff

Pettis timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Pettis, by terminating, demoting, or forcing the

resignation or retirement of other older employees, and by failing to retain, transfer and/or hire

Pettis and other similarly situated employees for open positions.

84. On or about August 27, 2004, PlaintiffPiao timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Piao, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

85. On or about August 20, 2004, PlaintitIRabichev timely tiled a class-wide

administrative charge with the EEOC, which was cross-tiled with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Rabichev, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

86.

On or about August 26, 2004, Plaintiff

Reinhart timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

-18-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 19 of 30

law by, among other things, terminating Reinhart, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

87. On or about August 26, 2004, Plaintiff Shoemaker timely fied a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of

age in violation of

the ADEA and Minnesota

law by, among other things, terminating Shoemaker, and by terminating, demoting, or forcing

the resignation or retirement of other older employees.

88. On or about August 20, 2004, Plaintiff Smith timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Smith, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

89. On or about August 4,2004, PlaintitI Steuck timely tiled a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Steuck, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

90. On or about August 25, 2004, Plaintiff Stoner timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

-19-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 20 of 30

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Stoner, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

91. On or about March 8,2004, Plaintiff Summers timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Summers, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

92. On or about January 20,2004, PlaintiffVorobeychik timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating V orobeychik, and by terminating, demoting, or forcing

the resignation or retirement of other older employees.

93. On or about August 25, 2004, Plaintiff Walstrom timely fied a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Walstrom, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

94.

On or about August 25, 2004, Plaintiff

Winters timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

-20-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 21 of 30

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Winters, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

95. On or about August 25, 2004, Plaintiff Zahradka timely filed a class-wide

administrative charge with the EEOC, which was cross-filed with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of the ADEA and Minnesota

law by, among other things, terminating Zahradka, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

96. Each of the forty four above-named Plaintiffs hereby consents to become a party

plaintiff in this action.

97. Plaintiffs Lekson and Yan were each identified by name in the administrative

charges of Aschenbeck and others, and both hereby consent to become parties plaintitI in this

action.

FACT ALLEGATIONS

98. In April of 2002, Best Buy engaged Robert A. Willett ("Willett"), a global

managing partner and member of

the Executive Committee at Accenture Ltd., as a consultant

and special advisor to its Board of

Directors on matters relating to operational effciency and

excellence.

99.

At about the same time as its engagement of

Wilett, Best Buy began to engage in

a pattern or practice of age discrimination against its older Information Systems ("IS")

employees and other similarly situated employees. The above-named Plaintiffs in this action and

-21-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 22 of 30

other similarly situated employees were subject to and the victims of

Best Buy's pattern or

practice of age discrimination.

100 As part of its pattern or practice of age discrimination, Best Buy began to use

performance plans, job assignments, ratings, quotas, rankings or other measures to pressure its

older is employees and other similarly situated employees to quit and/or to justify their

terminations.

101. As part of its pattern or practice of age discrimination, Best Buy discriminated

with respect to training opportunities and job assignments, such as by giving younger employees

the opportunity to learn new technology and assigning those employees to positions where they

could utilize that new technology, while channeling many of the older employees into positions

involving older technology which was becoming obsolete, and by reassigning job duties and

reporting relationships from certain older persons and reassigning them to younger persons.

102. As part of its pattern or practice of age discrimination, Best Buy discriminated

with respect to management training and promotions, giving younger employees management

training and promoting younger employees into management positions, while excluding and/or

demoting many of the older employees from management training and management positions, or

by taking away their job duties and responsibilities.

103. Best Buy illegally took the above measures and others to classify its employees

on the basis of age, and to otherwise adversely affect the employment of older is employees and

other similarly situated employees.

104. Beginning in or about 2003, Best Buy began to force out or involuntarily

terminate older is employees and other similarly situated employees, while hiring younger

employees.

-22-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 23 of 30

105. On or about October 10, 2003, as part of its pattern or practice of age

discrimination, Best Buy terminated the employment of 25 of its is Department employees, with

these terminations falling heavily on those employees who were age 40 or more at that time.

106.

Twenty of

the is employees terminated on or about October 10,2003, were over

the age of 40, including 13 of

the named Plaintiffs, and another turned age 40 the day after his

termination, while younger is employees were disproportionately retained.

107. Best Buy's disclosure of those terminated from the is Department failed to

disclose all of the employees age 40 or more who were terminated on or about October 10, 2003.

108. In January 2004, Best Buy engaged Willett's company, Accenture, to reduce costs

in the Human Resources area, including the termination of some HR Department employees,

with a stated intention to engage Accenture for a similar project in the is area.

109. On April

14, 2004, Best Buy reported that it planned to out

source its Information

Systems work to Accenture which would result in the layoffs of 130 is Department employees.

It stated that Accenture by contract with Best Buy would ofTer jobs to 650 of

the 820 employees

who then worked in Information Technology for Best Buy and that those workers would

continue to be located at Best Buy's corporate headquarters along with an additional 40 is

Department employees who would continue to work directly for Best Buy.

110.

On April 14,2004, Best Buy notified approximately 126 employees of

its is

Department that they would be terminated effective June 14,2004. On or about June 14,2004, it

informed those employees that 82 of

the 126 is employees to be terminated (about 65%) were

age 40 or more, including 31 of

the above-named Plaintiffs.

-23-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 24 of 30

111. The proportion of is Department employees notified of their terminations as of

April 14,2004, on information and belief, was heavily weighted against employees age 40 or

more.

112. Best Buy's disclosure of those terminated from the is Department, on information

and belief, failed to disclose all of the employees age 40 or more who were terminated as of

June 14, 2004, and may have included other employees, under age 40, who were retained as

employees at Best Buy.

113. On April

14, 2004, Best Buy also announced that it had cut 30 corporate

jobs in

other areas, including its Finance Department.

114.

Best Buy disclosed that 12 of

the 13 employees who were notified on April

14,

2004, that they would be terminated from Best Buy's Finance Department were over the age of

40 and that the 13th was age 38. These terminations fell heavily on older employees within that

department.

115. In April 2004, Willett was named as Best Buy's Executive Vice President-

Operations. Willett's stated responsibilities include reducing Best Buy's cost structure. Willett

was one of four Best Buy executives involved in negotiating the terms of Best Buy's

engagements with Accenture.

116. In the fiscal year ending February 2004, Willett was paid consulting fees by Best

Buy of $238,796 and accrued consulting fees totaling $384,245 and was reimbursed for out-of-

pocket expenses totaling another $209,311.

117. As part of its pattern or practice of discrimination, Best Buy sought to obtain

releases of age discrimination claims from its terminated employees without complying with

applicable law. Among other things, Best Buy provided incomplete, misleading and inaccurate

-24-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 25 of 30
demographic data regarding those selected for termination and those retained. Best Buy also refused requests from terminated employees for complete and accurate demographic data, failed to provide any demographic data regarding employees terminated and retained to some of the terminated employees, and failed to provide them with the required minimum period of days to consider Best Buy's proposed severance and release of claims.
118. Best Buy induced similarly situated former Best Buy employees to sign legally invalid releases of their claims for age discrimination.
119. As part of its pattern or practice of discrimination, Best Buy has failed to provide its older employees with consideration for employment opportunities, has refused to transfer older employees into open positions for which they were qualified and has refused to re-hire its former employees for positions for which they were qualified.
120. On information and belief, Best Buy destroyed or failed to retain documents and/or information relating to the job terminations in the is Department, and discharged or
otherwise retaliated against company employees who, in good tàith, made internal reports or
complaints about possible age discrimination by Best Buy. 121. In an article published on November 8, 2004, Best Buy's spokesperson stated that
Best Buy's workforce skews young and that the average age of its corporate employees is just 29.
122. The aforesaid pattern or practice of age discrimination by Best Buy was willfuL.
123. The Plaintiffs are each 40 years of age or older, and are within the class of
persons protected against age discrimination by the ADEA, 29 US.c. § 621, et seq., and the
MHA, Minn. Stat. § 363A.02, et seq.
-25-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 26 of 30

124.

The Plaintiffs are among the former employees of

Best Buy who have been

adversely affected by the aforesaid pattern or practice of age discrimination.

Verne A. Hall

125. Hall was employed with Best Buy as a Software Engineer.

126. Hall was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

127. Best Buy terminated Hall's employment on or about October 14, 2003, when

Hall, who was born on July 23, 1943, was 60 years old.

128. In connection with Hall's termination, Best Buy provided him with a letter that

stated that Hall was employed most recently in the position of

Engineer 4, Software and that this

position was eliminated.

Erik M. Jothen

129. Jothen was employed with Best Buy as a Product Capability Manager.

130. Jothen was well qualified for his position as a Product Capability Manager and

performed his duties in a proper, satisfàctory and competent manner.

131. Best Buy terminated Jothen's employment on or about October 10, 2003, when

Jothen, who was born on July 5, 1950, was 53 years old.

132. In response to Jothen's request for the truthful reason for his termination pursuant

to Minn. Stat. § 181.933, Best Buy stated that his employment was terminated due to his failure

to meet the expectations of his position as a Product Capability Manager of Subscription Vendor

Maintenance.

Susan J. Aschenbeck

133. Aschenbeck was employed with Best Buy as a Software Engineer.

-26-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 27 of 30

134. Aschenbeck was well qualified for her Software Engineer position and performed

her duties in a proper, satisfactory and competent manner.

135. Best Buy terminated Aschenbeck's employment on or about June 14,2004, when

Aschenbeck, who was born on October 17, 1963, was 40 years old.

136. In connection with Aschenbeck's termination, Best Buy provided her with a letter

that stated that Aschenbeck was employed most recently in the position of

Engineer 3, Software

and that this position was eliminated.

Donald P. Brennan

137. Brennan was employed with Best Buy as a Consultant.

138. Brennan was well qualified for his Consultant position and performed his duties

in a proper, satisfactory and competent manner.

139. Best Buy terminated Brennan's employment on or about June 14,2004, when

Brennan, who was born on January 6, 1957, was 47 years old.

140. In connection with Brennan's termination, Best Buy provided him with a letter

that stated that Brennan was employed most recently in the position of Consultant 1 and that this

position was eliminated.

Roberta S. (FiIer) Carlson

141. Carlson was employed with Best Buy as a Consultant.

142. Carlson was well qualified for her Consultant position and performed her duties in

a proper, satisfactory and competent manner.

143. Best Buy terminated Carlson's employment on or about June 14,2004, when

Carlson, who was born on March 9, 1959, was 45 years old.

-27-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 28 of 30

144. In connection with Carlson's termination, Best Buy provided her with a letter that

stated that Carlson was employed most recently in the position of Consultant 4 and that this

position was eliminated.

John J. Carney

145. Carney was employed with Best Buy as a Technical Consultant.

146. Carney was well qualified for his Technical Consultant position and performed

his duties in a proper, satisfactory and competent manner.

147. Best Buy terminated Carney's employment on or about June 14,2004, when

Carney, who was born on March 9, 1954, was 50 years old.

148. In connection with Carney's termination, Best Buy provided him with a letter that

stated that Carney was employed most recently in the position of

Consultant 4, Technical and

that this position was eliminated.

Fan2- Pai Chen

149. Chen was employed with Best Buy as a Software Engineer.

150. Chen was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

151. Best Buy terminated Chen's employment on or about June 14,2004, when Chen,

who was born on June 16, 1947, was 56 years old.

152. In connection with Chen's termination, Best Buy provided him with a letter that

stated that Chen was employed most recently in the position of

Engineer 5, Software and that

this position was eliminated.

Ronnie B. Clausen

153. Clausen was employed with Best Buy as a Software Engineer.

-28-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 29 of 30

154. Clausen was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

155. Best Buy terminated Clausen's employment on or about June 14, 2004, when

Clausen, who was born on September 5, 1957, was 46 years old.

156. In connection with Clausen's termination, Best Buy provided him with a letter

that stated that Clausen was employed most recently in the position of

Engineer 4, Software and

that this position was eliminated.

David L. Draper

157. Draper was employed with Best Buy as a Delivery Project Manager.

158. Draper was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

159. Best Buy terminated Draper's employment on or about June 14,2004, when

Draper, who was born on January 9, 1945, was 59 years old.

160. In connection with Draper's termination, Best Buy provided him with a letter that

stated that Draper was employed most recently in the position ofMgr 3, Delivery Project

Manager and that this position was eliminated.

Garv L. Flemino

161. Flemino was employed with Best Buy as a Software Engineer.

162. Flemino was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

163. Best Buy terminated Flemino's employment on or about June 14,2004, when

Flemino, who was born on February 26, 1942, was 62 years old.

-29-

Case 0:04-cv-04812-MJD-AJB Document 10 Filed 12/23/04 Page 30 of 30

164. In connection with Flemino' s termination, Best Buy provided him with a letter

that stated that Flemino was employed most recently in the position of

Engineer 4, Software and

that this position was eliminated.

Debra Jean Foster

165. Foster was employed with Best Buy as a Product Capability Manager.

166. Foster was well qualified for her Product Capability Manager position and

performed her duties in a proper, satisfactory and competent manner.

167. Best Buy terminated Foster's employment on or about June 14,2004, when

Foster, who was born on September 23, 1957, was 46 years old.

168. In connection with Foster's termination, Best Buy provided her with a letter that

stated that Foster was employed most recently in the position ofMgr 3, Product/Capability and

that this position was eliminated.

Linda K. Giles

169. Giles was employed with Best Buy as a Product Capability Manager.

170. Giles was well qualified for her Product Capability Manager position and

performed her duties in a proper, satisfactory and competent manner.

171. Best Buy terminated Giles' employment on or about June 14,2004, when Giles,

who was born on January 28, 1963, was 41 years old.

172. In connection with Giles' termination, Best Buy provided her with a letter that

stated that Giles was employed most recently in the position ofMgr 3, Product/Capability and

that this position was eliminated.

Janice B. Hanson

173. Hanson was employed with Best Buy as a Business analyst.

-30-

 
 Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 1 of 35
174. Hanson was well qualified for her Business Analyst position and performed her duties in a proper, satisfactory and competent manner.
175. Best Buy terminated Hanson's employment on or about October 10,2003, when Hanson, who was born on June 22, 1949, was 54 years old.
176. In connection with Hanson's termination, Best Buy provided her with a letter that stated that Hanson was employed most recently in the position of Analyst 1, Business and that this position was eliminated. Richard W. Hartmann
177. Hartmann was employed with Best Buy as a Program Manager. 178. Hartmann was well qualified for his Program Manager position and performed his duties in a proper, satisfactory and competent manner. 179. Best Buy terminated Hartmann's employment on or about June 14,2004, when Hartmann, who was born on December 28, 1960, was 43 years old. 180. In connection with Hartmann's termination, Best Buy provided him with a letter that stated that Hartmann was employed most recently in the position ofMgr 1, Program and that this position was eliminated.
PaulO. Holtan
181. Holtan was employed with Best Buy as a Software Engineer. 182. Holtan was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 183. Best Buy terminated Holtan's employment on or about October 10,2003, when Holtan, who was born on January 12, 1949, was 54 years old.
-31-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 2 of 35

184. In connection with Holtan's termination, Best Buy provided him with a letter that

stated that Holtan was employed most recently in the position of

Engineer 4, Software and that

this position was eliminated.

Andre M. Hudson

185. Hudson was employed with Best Buy as a Technical Analyst.

186. Hudson was well qualified for his Technical Analyst position and performed his

duties in a proper, satisfactory and competent manner.

187. Best Buy terminated Hudson's employment on or about June 14, 2004, when

Hudson, who was born on June 10, 1963, was 40 years old.

188. In connection with Hudson's termination, Best Buy provided him with a letter

that stated that Hudson was employed most recently in the position of Analyst 4, Technical and

that this position was eliminated.

Ole2 Ivanov

189. Ivanov was employed with Best Buy as a Project Manager.

190. Ivanov was well qualified for his Project Manager position and performed his

duties in a proper, satisfactory and competent manner.

191. Best Buy terminated Ivanov's employment on or about June 14,2004, when

Ivanov, who was born on December 26, 1960, was 43 years old.

192. In connection with Ivanov's termination, Best Buy provided him with a letter that

stated that Ivanov was employed most recently in the position ofMgr, Financial Ops & Analysis

and that this position was eliminated.

Vau2hn Edwen James

193. James was employed with Best Buy as a Software Engineer.

-32-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 3 of 35

194. James was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner. 195. Best Buy terminated James' employment on or about October 10, 2003, when

James, who was born on December 21, 1931, was 71 years old.

196. In connection with James' termination, Best Buy provided him with a letter that

stated that James was employed most recently in the position of

Engineer 3, Software and that

this position was eliminated.

HU2h F. Juer2ens 197. Juergens was employed with Best Buy as a Product Capability Manager. 198. Juergens was well qualified for his Product Capability Manager position and
performed his duties in a proper, satisfactory and competent manner. 199. Best Buy terminated Juergens' employment on or about June 14, 2004, when
Juergens, who was born on November 3, 1946, was 56 years old.

200. In response to Juergens' request for the truthfl reason for his termination

pursuant to Minn. Stat. § 181. 93 3, Best Buy stated that his employment was terminated due to
his failure to meet the expectations of his position as a Product Capability Manager in the Data

Management COE.

Glen A. Juntti
201. Juntti was employed with Best Buy as a Delivery Project Manager. 202. Juntti was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner. 203. Best Buy terminated Juntti's employment on or about June 14,2004, when Juntti,

who was born on December 6, 1948, was 55 years old.

-33-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 4 of 35

204. In connection with Juntti' s termination, Best Buy provided him with a letter that

stated that Juntti was employed most recently in the position ofMgr 2, Delivery Project and that

this position was eliminated.

Sharon L. Kellv

205. Kelly was employed with Best Buy as a Product Capability Manager.

206. Kelly was well qualified for her Product Capability Manager position and

performed her duties in a proper, satisfactory and competent manner.

207. Best Buy terminated Kelly's employment on or about October 10, 2003, when

Kelly, who was born on March 12, 1953, was 50 years old.

208. In connection with Kelly's termination, Best Buy provided her with a letter that

stated that Kelly was employed most recently in the position ofMgr 4, Product/Capability and

that this position was eliminated.

Vladimir Kessler

209. Kessler was employed with Best Buy as a Technical Consultant.

210. Kessler was well qualified for his Technical Consultant position and performed

his duties in a proper, satisfactory and competent manner.

211. Best Buy terminated Kessler's employment on or about June 14,2004, when

Kessler, who was born on May 2, 1960, was 43 years old.

212. In connection with Kessler's termination, Best Buy provided him with a letter that

stated that Kessler was employed most recently in the position of

Consultant 1, Technical and

that this position was eliminated.

Sallv M. Kleiner

213. Kleiner was employed with Best Buy as a Technical Consultant.

-34-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 5 of 35
214. Kleiner was well qualified for her Technical Consultant position and performed her duties in a proper, satisfactory and competent manner.
215. Best Buy terminated Kleiner's employment on or about October 10, 2003, when Kleiner, who was born on June 21, 1949, was 54 years old.
216. In connection with Kleiner's termination, Best Buy provided her with a letter that stated that Kleiner was employed most recently in the position of Consultant 1, Technical and
that this position was eliminated. Randall S. Knox
217. Knox was employed with Best Buy as a Project Manager. 218. Knox was well qualified for his Project Manager position and performed his duties in a proper, satisfactory and competent manner. 219. Best Buy terminated Knox's employment on or about June 14,2004, when Knox, who was born on November 26, 1946, was 57 years old. 220. In connection with Knox's termination, Best Buy provided him with a letter that stated that Knox was employed most recently in the position ofMgr 4, Delivery Project and that this position was eliminated. Janet L. Lekson 221. Lekson was employed with Best Buy as an Administrative Assistant. 222. Lekson was well qualified for her Administrative Assistant position and performed her duties in a proper, satisfactory and competent manner. 223. Best Buy terminated Lekson's employment on or about June 14,2004, when Lekson, who was born on July 16, 1952, was 51 years old.
-35-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 6 of 35

224. In connection with Lekson's termination, Best Buy provided her with a letter that

stated that Lekson was employed most recently in the position of Admin Assistant 3 and that this

position was eliminated.

LaRae L. Lemon

225. Lemon was employed with Best Buy as a Product Capability Manager.

226. Lemon was well qualified for her Product Capability Manager position and

performed her duties in a proper, satisfactory and competent manner.

227. Best Buy terminated Lemon's employment on or about June 14,2004, when

Lemon, who was born on January 30, 1955, was 49 years old.

228. In connection with Lemon's termination, Best Buy provided her with a letter that

stated that Lemon was employed most recently in the position ofMgr 4, Product/Capability and

that this position was eliminated.

Shawn Xiao Liu

229. Liu was employed with Best Buy as a Technical Consultant.

230. Liu was well qualitìed for his Technical Consultant position and performed his

duties in a proper, satisfactory and competent manner.

231. Best Buy terminated Liu's employment on or about June 14,2004, when Liu, who

was born on March 16, 1962, was 42 years old.

232. In connection with Liu' s termination, Best Buy provided him with a letter that

stated that Liu was employed most recently in the position of

Consultant 3, Technical and that

this position was eliminated.

Esther G. Mazurek

233. Mazurek was employed with Best Buy as a Project Manager.

-36-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 7 of 35

234. Mazurek was well qualified for her Project Manager position and performed her

duties in a proper, satisfactory and competent manner.

235. Best Buy terminated Mazurek's employment on or about October 10, 2003, when

Mazurek, who was born on September 5, 1957, was 46 years old.

236. In connection with Mazurek's termination, Best Buy provided her with a letter

that stated that Mazurek was employed most recently in the position of

Engineer 5, Software and

that this position was eliminated. Daniel J. McKenzie
237. McKenzie was employed with Best Buy as a Delivery Project Manager.

238. McKenzie was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

239. Best Buy terminated McKenzie's employment on or about June 14,2004, when

McKenzie, who was born on March 31, 1956, was 48 years old.

240. In connection with McKenzie's termination, Best Buy provided him with a letter

that stated that McKenzie was employed most recently in the position ofMgr 4, Delivery Project

and that this position was eliminated.

Thomas M. Noska

241. Noska was employed with Best Buy as a Delivery Project Manager.

242. Noska was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

243. Best Buy terminated Noska's employment on or about October 10, 2003, when

Noska, who was born on April 26 1950, was 53 years old.

-37-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 8 of 35

244. In connection with Noska's termination, Best Buy provided him with a letter that

stated that Noska was employed most recently in the position ofMgr 3, Product/Capability and

that this position was eliminated.

Rov D. Okins

245. Okins was employed with Best Buy as a Software Engineer.

246. Okins was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

247. Best Buy terminated Okins' employment on or about June 14,2004, when Okins,

who was born on September 3, 1946, was 57 years old.

248. In connection with Okins' termination, Best Buy provided him with a letter that

stated that Okins was employed most recently in the position of

Engineer 4, Software and that

this position was eliminated.

Richard David Olund

249. Olund was employed with Best Buy as a Product Capability Manager.

250. Olund was well qualified for his Product Capability Manager position and

performed his duties in a proper, satisfactory and competent manner.

251. Best Buy terminated Olund's employment on or about June 14,2004, when

Olund, who was born on November 8, 1954, was 49 years old.

252. In connection with Olund's termination, Best Buy provided him with a letter that

stated that Olund was employed most recently in the position ofMgr 3, Best Practices and that

this position was eliminated.

Gre20rv J. Pettis

253. Pettis was employed with Best Buy as a Product Capability Manager.

-38-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 9 of 35
254. Pettis was well qualified for his Product Capability Manager position and performed his duties in a proper, satisfactory and competent manner.
255. Best Buy terminated Pettis' employment on or about October 10, 2003, when Pettis, who was born on September 16, 1947, was 56 years old.
256. In connection with Pettis' termination, Best Buy provided him with a letter that stated that Pettis was employed most recently in the position ofMgr 3, Product/Capability and
that this position was eliminated.
Jov G. Piao
257. Piao was employed with Best Buy as a Senior Business Analyst. 258. Piao was well qualified for her Senior Business Analyst position and performed her duties in a proper, satisfactory and competent manner. 259. Best Buy terminated Piao's employment on or about June 14,2004, when Piao, who was born on February 16, 1960, was 44 years old. 260. In connection with Piao' s termination, Best Buy provided her with a letter that stated that Piao was employed most recently in the position of Analyst 5, Business and that this
position was eliminated.
Boris L. Rabichev 261. Rabichev was employed with Best Buy as a Database Analyst. 262. Rabichev was well qualified for his Database Analyst position and performed his
duties in a proper, satisfactory and competent manner. 263. Best Buy terminated Rabichev's employment on or about June 14,2004, when
Rabichev, who was born on January 13, 1958, was 46 years old.
-39-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 10 of 35
264. In connection with Rabichev' s termination, Best Buy provided him with a letter that stated that Rabichev was employed most recently in the position of Analyst 2, Database and that this position was eliminated. J ov M. Reinhart
265. Reinhart was employed with Best Buy as a Business Analyst. 266. Reinhart was well qualified for her Business Analyst position and performed her duties in a proper, satisfactory and competent manner. 267. Best Buy terminated Reinhart's employment on or about June 14,2004, when Reinhart, who was born on July 8, 1953, was 50 years old. 268. In connection with Reinhart's termination, Best Buy provided her with a letter that stated that Reinhart was employed most recently in the position of Analyst 5, Business and
that this position was eliminated.
JoAnn Baird Shoemaker 269. Shoemaker was employed with Best Buy as a Business Analyst.
270. Shoemaker was well qualitìed for her Business Analyst position and performed her duties in a proper, satisfactory and competent manner.
271. Best Buy terminated Shoemaker's employment on or about June 14,2004, when Shoemaker, who was born on December 9, 1956, was 47 years old.
272. In connection with Shoemaker's termination, Best Buy provided her with a letter that stated that Shoemaker was employed most recently in the position of Analyst 5, Business and that this position was eliminated. Kent D. Smith
273. Smith was employed with Best Buy as a Delivery Project Manager.
-40-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 11 of 35
274. Smith was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner.
275. Best Buy terminated Smith's employment on or about June 14, 2004, when Smith, who was born on August 20, 1960, was 43 years old.
276. In connection with Smith's termination, Best Buy provided him with a letter that stated that Smith was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Lvnette M. Steuck
277. Steuck was employed with Best Buy as a Delivery Project Manager. 278. Steuck was well qualified for her Delivery Project Manager position and performed her duties in a proper, satisfactory and competent manner. 279. Best Buy terminated Steuck's employment on or about June 14,2004, when Steuck, who was born on March 31, 1953, was 51 years old. 280. In connection with Steuck's termination, Best Buy provided her with a letter that stated that Steuck was employed most recently in the position ofMgr 3, Delivery Project and that this position was eliminated. Gre20rv K. Stoner 281. Stoner was employed with Best Buy as a Delivery Project Manager. 282. Stoner was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner. 283. Best Buy terminated Stoner's employment on or about June 14,2004, when Stoner, who was born on February 26, 1952, was 52 years old.
-41-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 12 of 35

284. In connection with Stoner's termination, Best Buy provided him with a letter that stated that Stoner was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Bilv S. Summers
285. Summers was employed with Best Buy as a Software Engineer. 286. Summers was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 287. Best Buy terminated Summers' employment on or about October 10,2003, when Summers, who was born on May 31, 1942, was 61 years old. 288. In connection with Summers' termination, Best Buy provided him with a letter

that stated that Summers was employed most recently in the position of
that this position was eliminated.

Engineer 4, Software and

Marina V orobevchik
289. V orobeychik was employed with Best Buy as a Consultant. 290. V orobeychik was well qualitìed for her Consultant position and performed her duties in a proper, satisfactory and competent manner. 291. Best Buy terminated V orobeychik' s employment on or about October 10, 2003, when Vorobeychik, who was born on October 30, 1956, was 46 years old. 292. In connection with Vorobeychik's termination, Best Buy provided her with a letter that stated that V orobeychik was employed most recently in the position of Consultant 2 and that this position was eliminated. Richard L. Walstrom 293. Walstrom was employed with Best Buy as a Technical Consultant.

-42-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 13 of 35

294. Walstrom was well qualified for his Technical Consultant position and performed

his duties in a proper, satisfactory and competent manner.

295. Best Buy terminated Walstrom's employment on or about June 14, 2004, when

Walstrom, who was born on December 9, 1946, was 57 years old.

296. In connection with Walstrom's termination, Best Buy provided him with a letter

that stated that Walstrom was employed most recently in the position of

Consultant 4, Technical

and that this position was eliminated.

Philip B. Winters

297. Winters was employed with Best Buy as a Product Capability Manager.

298. Winters was well qualified for his Product Capability Manager position and

performed his duties in a proper, satisfactory and competent manner.

299. Best Buy terminated Winters' employment on or about June 14,2004, when

Winters, who was born on February 10, 1962, was 42 years old.

300. In connection with Winters' termination, Best Buy provided him with a letter that

stated that Winters was employed most recently in the position ofMgr 4, Product/Capability and

that this position was eliminated.

Hon2 Yan

301. Yan was employed with Best Buy as a Software Engineer.

302. Yan was well qualified for her Software Engineer position and performed her

duties in a proper, satisfactory and competent manner.

303. Best Buy terminated Yan's employment on or about June 14,2004, when Yan,

who was born on October 27, 1953, was 50 years old.

-43-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 14 of 35

304. In connection with Yan' s termination, Best Buy provided her with a letter that

stated that Yan was employed most recently in the position of

Engineer 4, Software and that this

position was eliminated.

Ernest R. Zahradka

305. Zahradka was employed with Best Buy as a Delivery Project Manager.

306. Zahradka was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

307. Best Buy terminated Zahradka's employment on or about June 14,2004, when

Zahradka, who was born on November 17,1962, was 41 years old.

308. In connection with Zahradka' s termination, Best Buy provided him with a letter

that stated that Zahradka was employed most recently in the position ofMgr 2, Delivery Project

and that this position was eliminated.

Opt-In Plaintiffs

309. Each person similarly situated to the above-named Plaintitls who atlrmatively

opts into this action by tìling a notice was formerly employed by Best Buy in its corporate otlce

in Minnesota. Each was well-qualified for the position or positions he or she held and performed

his or her duties in a satisfactory and competent manner. Nevertheless, Best Buy terminated,

demoted, forced to retire or resign, or otherwise adversely affected the employment of each such

person in whole or in part due to his or her age.

COUNT ONE

ADEA REPRESENTATIVE ACTION

310. Plaintiffs incorporate herein by reference paragraphs 1 through 309, above.

-44-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 15 of 35

311. This is a representative action under 29 US.C. §§ 626(b) & (c) and 29 US.c.

§ 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this

action by filing an appropriate notice.

312. As set forth more fully above, Best Buy has engaged in an unlawful pattern or

practice of age discrimination that has adversely affected the above-named Plaintiffs and other

similarly situated present and former employees of

Best Buy in the is department and other

departments or units, in violation of

the ADEA, 29 US.c. § 621, et. seq.

313. The aforesaid unlawful pattern or practice of age discrimination by Best Buy is in

willful violation of

the ADEA.

314. The above-named Plaintiffs and others similarly situated were adversely affected

by the aforesaid pattern or practice of

unlawful, willful age discrimination by Best Buy.

315. By engaging in said unlawful and willful pattern or practice of age discrimination

as described herein, Best Buy prevented the named Plaintiffs and other similarly situated

employees from obtaining the income, pension, retirement and insurance benetìts, and other

compensation and benefìts that they otherwise would have earned and received.

316. As a direct and proximate result of the aforesaid unlawful and willful pattern or

practice of age discrimination by Best Buy in violation of the ADEA, each of the Plaintiffs has

suffered damages in an amount to be determined at trial, including, but not limited to, lost salary,

bonuses, and other forms of compensation and lost retirement benefits, insurance benefits, and

other employee benefits.

COUNT TWO

INDIVIDUAL AGE DISCRIMINATION CLAIMS - ADEA AND MHRA

317. Plaintiffs incorporate herein by reference paragraphs 1 through 316, above.

-45-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 16 of 35

318. Best Buy discriminated against Hall because of his age in willful violation of the

ADEA and MHA by engaging in the aforesaid pattern or practice of age discrimination and by

terminating Hall's employment in 2003.

319.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Hall, Hall has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

320. Best Buy discriminated against Jothen because of his age in willful violation of

the ADEA and MH by engaging in the aforesaid pattern or practice of age discrimination and

by terminating Jothen's employment in 2003.

321.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Jothen, Jothen has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefìts, insurance benetìts and other employee benefìts, and damages for mental

anguish and suffering.

322. Best Buy discriminated against Aschenbeck because of her age in willful

violation of the ADEA and MHRA by engaging in the aforesaid pattern or practice of age

discrimination and by terminating Aschenbeck's employment in 2004.

323. As a direct and proximate result ofDefendants unlawful and willful age

discrimination against Aschenbeck, Aschenbeck has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

-46-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 17 of 35

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

324. Best Buy discriminated against Brennan because of his age in willful violation of

the ADEA and MH by engaging in the aforesaid pattern or practice of age discrimination and

by terminating Brennan's employment in 2004.

325. As a direct and proximate result ofDefendants unlawful and willful age

discrimination against Brennan, Brennan has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

326. Best Buy discriminated against Carlson because of her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Carlson's employment in 2004.

327.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Carlson, Carlson has suflered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

328. Best Buy discriminated against Carney because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Carney's employment in 2004.

329.

As a direct and proximate result of

Best Buy's unlawful and wilful age

discrimination against Carney, Carney has suffered damages in an amount to be determined at

-47-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 18 of 35

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

330. Best Buy discriminated against Chen because of his age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Chen's employment in 2004.

331.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Chen, Chen has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

332. Best Buy discriminated against Clausen because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Clausen's employment in 2004.

333.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Clausen, Clausen has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

334.

Best Buy discriminated against Draper because of

his age in wilful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Draper's employment in 2004.

-48-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 19 of 35

335.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Draper, Draper has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

336.

Best Buy discriminated against Flemino because of

his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Flemino's employment in 2004.

337.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Flemino, Flemino has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

338.

Best Buy discriminated against Foster because of

her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Foster's employment in 2004.

339.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Foster, Foster has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

-49-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 20 of 35

340. Best Buy discriminated against Giles because of her age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Giles' employment in 2004.

341.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Giles, Giles has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

342. Best Buy discriminated against Hanson because of her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Hanson's employment in 2003.

343.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Hanson, Hanson has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefìts, insurance benetìts and other employee benefìts, and damages for mental

anguish and suffering.

344. Best Buy discriminated against Hartmann because of his age in willful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Hartmann's employment in 2004.

345.

As a direct and proximate result of

Best Buy's unlawful and wilful age

discrimination against Hartmann, Hartmann has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

-50-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 21 of 35

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

346.

Best Buy discriminated against Holtan because of

his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Holtan's employment in 2003.

347.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Holtan, Holtan has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

348. Best Buy discriminated against Hudson because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Hudson's employment in 2004.

349.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Hudson, Hudson has suflered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

350.

Best Buy discriminated against Ivanov because of

his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Ivanov's employment in 2004.

351.

As a direct and proximate result of

Best Buy's unlawful and wilful age

discrimination against Ivanov, Ivanov has suffered damages in an amount to be determined at

-51-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 22 of 35

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

352.

Best Buy discriminated against James because of

his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating James' employment in 2003.

353.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against James, James has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

354. Best Buy discriminated against Juergens because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Juergens' employment in 2003.

355.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Juergens, Juergens has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

356.

Best Buy discriminated against Juntti because of

his age in wilful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Juntti's employment in 2004.

-52-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 23 of 35

357.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Juntti, Juntti has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

358.

Best Buy discriminated against Kelly because of

her age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Kelly's employment in 2003.

359.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Kelly, Kelly has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

360. Best Buy discriminated against Kessler because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Kessler's employment in 2004.

361.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Kessler, Kessler has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

-53-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 24 of 35

362. Best Buy discriminated against Kleiner because of her age in wilful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Kleiner's employment in 2003.

363.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Kleiner, Kleiner has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

364.

Best Buy discriminated against Knox because of

his age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Knox's employment in 2004.

365.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Knox, Knox has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefìts, insurance benetìts and other employee benefìts, and damages for mental

anguish and suffering.

366. Best Buy discriminated against Lekson because of her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Lekson's employment in 2004.

367.

As a direct and proximate result of

Best Buy's unlawful and wilful age

discrimination against Lekson, Lekson has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary and other forms of compensation, lost retirement

-54-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 25 of 35

benefits, insurance benefits and other employee benefits, and damages for mental anguish and

suffering.

368. Best Buy discriminated against Lemon because of her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Lemon's employment in 2004.

369.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Lemon, Lemon has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

370. Best Buy discriminated against Liu because of his age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Liu's employment in 2004.

371.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Liu, Liu has suflered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

372. Best Buy discriminated against Mazurek because of her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Mazurek's employment in 2003.

373.

As a direct and proximate result of

Best Buy's unlawful and wilful age

discrimination against Mazurek, Mazurek has suffered damages in an amount to be determined at

-55-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 26 of 35

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

374. Best Buy discriminated against McKenzie because of his age in willful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating McKenzie's employment in 2004.

375.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against McKenzie, McKenzie has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

376. Best Buy discriminated against Noska because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Noska's employment in 2003.

377.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Noska, Noska has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

378. Best Buy discriminated against Okins because of his age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Okins' employment in 2004.

-56-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 27 of 35

379.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Okins, Okins has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

380.

Best Buy discriminated against Olund because of

his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Olund's employment in 2004.

381.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Olund, Olund has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

382.

Best Buy discriminated against Pettis because of

his age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Pettis' employment in 2003.

383.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Pettis, Pettis has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

-57-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 28 of 35

384. Best Buy discriminated against Piao because of her age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Piao's employment in 2004.

385.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Piao, Piao has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

386. Best Buy discriminated against Rabichev because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Rabichev's employment in 2004.

387.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Rabichev, Rabichev has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benetìts, insurance benetìts and other employee benetìts, and damages for mental

anguish and suffering.

388. Best Buy discriminated against Reinhart because of her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Reinhart's employment in 2004.

389.

As a direct and proximate result of

Best Buy's unlawful and wilful age

discrimination against Reinhart, Reinhart has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

-58-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 29 of 35

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

390. Best Buy discriminated against Shoemaker because of her age in wilful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Shoemaker's employment in 2004.

391.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Shoemaker, Shoemaker has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

392. Best Buy discriminated against Smith because of his age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Smith's employment in 2004.

393.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Smith, Smith has suflered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

394.

Best Buy discriminated against Steuck because of

her age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Steuck's employment in 2004.

395.

As a direct and proximate result of

Best Buy's unlawful and wilful age

discrimination against Steuck, Steuck has suffered damages in an amount to be determined at

-59-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 30 of 35

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

396. Best Buy discriminated against Stoner because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Stoner's employment in 2004.

397.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Stoner, Stoner has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

398. Best Buy discriminated against Summers because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Summers' employment in 2003.

399.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Summers, Summers has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

400. Best Buy discriminated against V orobeychik because of her age in willful

violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or

practice of age discrimination and by terminating V orobeychik' s employment in 2003.

-60-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 31 of 35

401.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against V orobeychik, V orobeychik has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

402.

Best Buy discriminated against Walstrom because of

his age in willful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Walstrom's employment in 2004.

403.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Walstrom, Walstrom has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

404. Best Buy discriminated against Winters because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Winters' employment in 2004.

405.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Winters, Winters has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

-61-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 32 of 35

406. Best Buy discriminated against Yan because of her age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Yan's employment in 2004.

407.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Yan, Yan has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

408. Best Buy discriminated against Zahradka because of his age in willful violation of

the ADEA and MH by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Zahradka's employment in 2004.

409.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Zahradka, Zahradka has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benetìts, insurance benetìts and other employee benetìts, and damages for mental

anguish and suffering.

410. Best Buy also discriminated on the basis of age, in willful violation of the ADEA

and MHRA, against each similarly situated person who may hereafter opt into this action, by

engaging in the aforesaid pattern or practice of age discrimination and by terminating, demoting,

forcing to retire or resign, or otherwise adversely effecting the employment of such persons. As

a direct and proximate result thereof, each such person has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

-62-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 33 of 35
compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
COUNT THREE OLDER WORKERS BENEFIT PROTECTION ACT 411. Plaintiffs incorporate herein by reference paragraphs 1 through 410, above.
412. This is a representative action under 29 US.C. §§ 626(b) & (c) and 29 US.c. § 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this action.
413. As set forth more fully above, Best Buy sought to obtain releases of age discrimination claims from the above-named Plaintiffs and other similarly situated employees without complying with the Older Workers Benefit Protection Act, 29 US.c. § 626(t).
414. The above-named Plaintiffs and others similarly situated were adversely affected by Best Buy's failure to comply with the Older Workers Benetìt Protection Act.
415. The above-named Plaintifls and other similarly situated employees are entitled to a declaration from the Court that Best Buy fàiled to comply with the Older Workers Benefìt Protection Act in seeking and obtaining releases of age discrimination claims and that, as a result, such releases are invalid, and to appropriate injunctive relief
COUNT FOUR AGE DISCRIMINATION - DISP ARA TE IMP ACT 416. Plaintiffs incorporate herein by reference paragraphs 1 through 415, above. 417. This is a representative action under 29 US.C. §§ 626(b) & (c) and 29 US.c.
§ 216(b) by the above-named Plaintiffs and other similarly situated persons who opt into this
action by fiing an appropriate notice.
-63-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 34 of 35

418. As set forth more fully above, Best Buy has utilized practices, policies and

procedures that have disparately impacted the above-named Plaintiffs and other similarly

situated present and former employees of

Best Buy in the is department and other departments

or units, resulting in an unlawful pattern or practice of age discrimination in violation of the

ADEA, 29 U. S C. § 621, et seq.

419. The above-named Plaintiffs and others similarly situated were disparately

impacted by the discriminatory practices, policies and procedures of

Best Buy.

420. As set forth more fully above, Best Buy has utilized practices, policies and

procedures that have also disparately impacted each of

the above-named Plaintiffs because of

his

or her age in violation of

the ADEA and the MHA.

421. As a direct and proximate result of the aforesaid age discrimination by Best Buy,

each of the Plaintiffs has suffered damages in an amount to be determined at trial, including, but

not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benetìts,

insurance benetìts and other employee benefìts, and damages for mental anguish and suflering.

JURY DEMAND

422. The Plaintiffs demand a trial by jury.

WHREFORE, Plaintiffs request that the Court enter judgment in their favor and against

Best Buy as follows:

1.

Awarding each of

the Plaintiffs back pay and benefits, together with interest

thereon;

2. Restoring each of the Plaintiffs to positions comparable to the ones from which

they were terminated or demoted or, in lieu of reinstatement, awarding each Plaintiff front pay

and benefits for the period remaining until that person's expected retirement age;

-64-

Case 0:04-cv-04812-MJD-AJB Document 11 Filed 12/23/04 Page 35 of 35

3.

Awarding each of

the Plaintiffs liquidated damages pursuant to the ADEA in an

amount equal to that person's back pay and benefits award, together with interest thereon;

4.

Awarding each of

the Plaintiffs all other damages recoverable under the MHA,

including compensatory damages, damages for mental anguish and suffering, treble damages and

punitive damages;

5. For a declaration that the releases of age discrimination claims presented by Best

Buy to Plaintiffs and other similarly situated employees of

Best Buy are invalid as a matter of

law, and for appropriate injunctive relief;

6.

Awarding Plaintiffs attorneys fees and costs pursuant to 29 US.c. §§ 216(b) and

626(b); and Minn. Stat. § 363.14, subd. 3;

7. Awarding Plaintiffs prejudgment interest and their costs and disbursements

herein; and

8. Awarding Plaintiffs such other and further relief as the Court and/or the jury

deems equitable, appropriate and just.

Dated: December 23,2004

GRAY PLANT MOOTY MOOTY & BENNTT, P.A.

GP:1640129 v2

s/Stephen J. Snyder
Stephen J. Snyder (#103019) 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402
(612) 632-3000 Attorneys for Plaintiffs

-65-

 
 Case 0:04-cv-04812-MJD-AJB Document 14 Filed 01/10/05 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Verne A. Hall, et al., Plaintiffs,
vs. Best Buy Co., Inc. and Best Buy Enterprise Services, Inc.
Defendants.

)

)

Civil No. 04-4812 MJD/JGL

)

)

)

)

DEFENDANTS’

) MOTION TO DISMISS COUNT THREE

)

OF PLAINTIFFS’ AMENDED

)

COMPLAINT

)

)

) ORAL ARGUMENT REQUESTED

)

Defendants Best Buy Co., Inc. and Best Buy Enterprise Services, Inc. respectfully request

that this Court dismiss Count Three of plaintiffs’ Amended Complaint because plaintiffs lack

standing to sue under the Older Workers Benefit Protection Act, 29 U.S.C. § 626(f). Plaintiffs

lack standing because none of the named plaintiffs signed waivers releasing Best Buy from

liability under the Age Discrimination in Employment Act. Indeed, plaintiffs’ Amended

Complaint fails even to allege that any of the named plaintiffs signed such waivers. A s such,

plaintiffs have not suffered a per sonal “injury in fact,” as required by such cases as Lujan v.

Defenders of Wildlife, 504 U.S. 555, 560-61 (1992).

1
Word 20119608.1

Case 0:04-cv-04812-MJD-AJB Document 14 Filed 01/10/05 Page 2 of 2
For this reason, and as shown more fully in the accompanying Memorandum, this Court should dismiss Count Three of plaintiffs’ Amended Complaint.
Dated: January 10, 2005. ROBINS, KAPLAN, MILLER & CIRESI L.L.P. By: s/ Joel A. Mintzer Janet C. Evans (MN Bar No. 182734) Joel A. Mintzer (MN Bar No. 224169) Kari Thoe Crone (MN Bar No. 29732X) 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015 Phone: 612-349-8500 Fax: 612-339-4181 ATTORNEYS FOR DEFENDANTS
2
Word 20119608.1

 
 Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 1 of 33

UNITED STATES DISTRICT COURT
DISTRICT OF MINSOTA

) Verne A. Hall, Erik M. Jothen, Susan 1. )
Aschenbeck, Donald P. Brennan, Roberta S. )
(Filler) Carlson, John 1. Carney, Fang-Pai )
Chen, Ronnie B. Clausen, David L. Draper, )
Gary L. Flemino, Debra Jean Foster, )
Linda K. Giles, Janice B. Hanson, )
Richard W. Hartmann, PaulO. Holtan, )
Andre M. Hudson, Oleg Ivanov, Vaughn )
Edwen James, Hugh F. Juergens, Glen A. )
Juntti, Sharon L. Kelly, Vladimir Kessler, )
Sally M. Kleiner, Randall S. Knox, Janet L. )
Lekson, LaRae L. Lemon, Shawn Xiao Liu, )
Esther G. Mazurek, Daniel 1. McKenzie, )
Thomas M. Noska, Roy D. Okins, Richard)
David Olund, Gregory 1. Pettis, Joy G. Piao, )
Boris L. Rabichev, Joy M. Reinhart, JoAnn )
Baird Shoemaker, Kent D. Smith, )
Lynette M. Steuck, Gregory K. Stoner, )
Billy S. Summers, Marina Vorobeychik, )
Richard L. Walstrom, Philip B. Winters, )
Hong Yan, Ernest R. Zahradka, Xianmin )
situated, ) Shane Zhang, for and on behalf of )
themselves and other persons similarly )

)

Plaintiffs,

)

)

vs.

)

)
Services, Inc. ) Best Buy Co., Inc. and Best Buy Enterprise)

)
Defendants. )

Civil No. 04-4812 (MJD/JGL)
SECOND AMENDED COMPLAINT Demand for Jury Trial

Plaintiffs Verne A. Hall, Erik M. Jothen, Susan 1. Aschenbeck, Donald P. Brennan, Roberta S. (Filler) Carlson, John 1. Carney, Fang-Pai Chen, Ronnie B. Clausen, David L. Draper, Gary L. Flemino, Debra Jean Foster, Linda K. Giles, Janice B. Hanson, Richard W. Hartmann,

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 2 of 33

PaulO. Holtan, Andre M. Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F. Juergens,

Glen A. Juntti, Sharon L. Kelly, Vladimir Kessler, Sally M. Kleiner, Randall S. Knox, Janet L.

Lekson, LaRae L. Lemon, Shawn Xiao Liu, Esther G. Mazurek, Daniel 1. McKenzie, Thomas M.

Noska, Roy D. Okins, Richard David Olund, Gregory 1. Pettis, Joy G. Piao, Boris L. Rabichev,

Joy M. Reinhart, JoAnn Baird Shoemaker, Kent D. Smith, Lynette M. Steuck, Gregory K.

Stoner, Billy S. Summers, Marina Vorobeychik, Richard L. Walstrom, Philip B. Winters, Hong

Yan, Ernest R. Zahradka, Xianmin Shane Zhang, for and in behalf of themselves and other

persons similarly situated (collectively, "Plaintiffs"), for their Complaint against Best Buy Co.,

Inc. and Best Buy Enterprise Services, Inc. (collectively, "Best Buy"), state and allege as

follows:

PARTIES AND JURISDICTION

1. Plaintiff Verne A. Hall ("Hall") resides in Wisconsin. Hall was employed by Best

Buy in Minnesota until his termination on October 14,2003. Hall was then 60 years old.

2.

Plaintiff Erik M. Jothen ("Jothen") resides in Minnesota. Jothen was employed

by Best Buy in Minnesota until his termination on October 10, 2003. Jothen was then 53 years

old.

3. Plaintiff Susan 1. Aschenbeck ("Aschenbeck") resides in Minnesota. Aschenbeck

was employed by Best Buy in Minnesota until her termination on June 14,2004. Aschenbeck

was then 40 years old.

4.

Plaintiff Donald P. Brennan ("Brennan") resides in Minnesota. Brennan was

employed by Best Buy in Minnesota until his termination on June 14,2004. Brennan was then

47 years old.

-2-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 3 of 33

5.

Plaintiff

Roberta S. (Filler) Carlson ("Carlson") resides in Minnesota. Carlson

was employed by Best Buy in Minnesota until her termination on June 14,2004. Carlson was

then 45 years old.

6. Plaintiff John 1. Carney ("Carney") resides in Minnesota. Carney was employed

by Best Buy in Minnesota until his termination on June 14,2004. Carney was then 50 years old.

7. PlaintiffFang-Pai Chen ("Chen") resides in Minnesota. Chen was employed by

Best Buy in Minnesota until his termination on June 14,2004. Chen was then 56 years old.

8.

Plaintiff Ronnie B. Clausen ("Clausen") resides in Wisconsin. Clausen was

employed by Best Buy in Minnesota until his termination on June 14,2004. Clausen was then

46 years old.

9.

Plaintiff David L. Draper ("Draper") resides in Minnesota. Draper was employed

by Best Buy in Minnesota until his termination on June 14,2004. Draper was then 59 years old.

10. Plaintiff Gary L. Flemino ("Flemino") resides in Minnesota. Flemino was

employed by Best Buy in Minnesota until his termination on June 14,2004. Flemino was then

62 years old.

11.

Plaintiff

Debra Jean Foster ("Foster") resides in Minnesota. Foster was employed

by Best Buy in Minnesota until her termination on June 14,2004. Foster was then 46 years old.

12. Plaintiff Linda K. Giles ("Giles") resides in Minnesota. Giles was employed by

Best Buy in Minnesota until her termination on June 14,2004. Giles was then 41 years old.

13. Plaintiff Janice B. Hanson ("Hanson") resides in Minnesota. Hanson was

employed by Best Buy in Minnesota until her termination on October 10, 2003. Hanson was

then 54 years old.

-3-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 4 of 33

14.

Plaintiff

Richard W. Hartmann ("Hartmann") resides in Minnesota. Hartmann

was employed by Best Buy until his termination on June 14,2004. Hartmann was then 43 years

old.

15.

Plaintiff

Paul O. Holtan ("Holtan") resides in Minnesota. Holtan was employed

by Best Buy in Minnesota until his termination on October 10, 2003. Holtan was then 54 years

old.

16. Plaintiff Andre M. Hudson ("Hudson") resides in Minnesota. Hudson was

employed by Best Buy in Minnesota until his termination on June 14,2004. Hudson was then 40

years old.

17. PlaintiffOleg Ivanov ("Ivanov") resides in Minnesota. Ivanov was employed by

Best Buy in Minnesota until his termination on June 14,2004. Ivanov was then 43 years old.

18.

Plaintiff

Vaughn Edwen James ("James") resides in Minnesota. James was

employed by Best Buy in Minnesota until his termination on October 10,2003. James was then

71 years old.

19.

Plaintiff

Hugh F. Juergens ("Juergens") resides in Minnesota. Juergens was

employed by Best Buy in Minnesota until his termination on October 10, 2003. Juergens was

then 56 years old.

20. Plaintiff Glen A. Juntti ("Juntti") resides in Minnesota. Juntti was employed by

Best Buy in Minnesota until his termination on June 14,2004. Juntti was then 55 years old.

21. Plaintiff Sharon L. Kelly ("Kelly") resides in Minnesota. Kelly was employed by

Best Buy in Minnesota until her termination on October 10, 2003. Kelly was then 50 years old.

-4-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 5 of 33

22. Plaintiff Vladimir Kessler ("Kessler") resides in Minnesota. Kessler was

employed by Best Buy in Minnesota until his termination on June 14,2004. Kessler was then 43

years old.

23. Plaintiff Sally M. Kleiner ("Kleiner") resides in Minnesota. Kleiner was

employed by Best Buy in Minnesota until her termination on October 10, 2003. Kleiner was

then 54 years old.

24.

Plaintiff

Randall S. Knox ("Knox") resides in Minnesota. Knox was employed by

Best Buy in Minnesota until his termination on June 14,2004. Knox was then 57 years old.

25. Plaintiff Janet L. Lekson ("Lekson") resides in Minnesota. Lekson was employed

by Best Buy in Minnesota until her termination on June 14, 2004. Lekson was then 51 years old.

26. Plaintiff LaRae L. Lemon ("Lemon") resides in Minnesota. Lemon was

employed by Best Buy in Minnesota until her termination on June 14,2004. Lemon was then 49

years old.

27. Plaintiff Shawn Xiao Liu ("Liu") resides in Minnesota. Liu was employed by

Best Buy in Minnesota until his termination on June 14,2004. Liu was then 42 years old.

28.

Plaintiff

Esther G. Mazurek ("Mazurek") resides in Minnesota. Mazurek was

employed by Best Buy in Minnesota until her termination on October 10, 2003. Mazurek was

then 46 years old.

29.

Plaintiff

Daniel 1. McKenzie ("McKenzie") resides in Minnesota. McKenzie was

employed by Best Buy in Minnesota until his termination on June 14,2004. McKenzie was then

48 years old.

-5-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 6 of 33

30.

Plaintiff

Thomas M. Noska ("Noska") resides in Minnesota. Noska was

employed by Best Buy in Minnesota until his termination on October 10, 2003. Noska was then

53 years old.

31.

Plaintiff

Roy D. Okins ("Okins") resides in Minnesota. Okins was employed by

Best Buy in Minnesota until his termination on June 14,2004. Okins was then 57 years old.

32.

Plaintiff

Richard David Olund ("Olund") resides in Minnesota. Olund was

employed by Best Buy in Minnesota until his termination on June 14,2004. Olund was then 49

years old.

33. Plaintiff Gregory 1. Pettis ("Pettis") resides in Minnesota. Pettis was employed by

Best Buy in Minnesota until his termination on October 10, 2003. Pettis was then 56 years old.

34. Plaintiff Joy G. Piao ("Piao") resides in Ilinois. Piao was employed by Best Buy

in Minnesota until her termination on June 14,2004. Piao was then 44 years old.

35. Plaintiff Boris L. Rabichev ("Rabichev") resides in Minnesota. Rabichev was

employed by Best Buy until his termination on June 14,2004. Rabichev was then 46 years old.

36. Plaintiff Joy M. Reinhart ("Reinhart") resides in Minnesota. Reinhart was

employed by Best Buy in Minnesota until her termination on June 14,2004. Reinhart was then

50 years old.

37. Plaintiff JoAnn Baird Shoemaker ("Shoemaker") resides in Minnesota.

Shoemaker was employed by Best Buy in Minnesota until her termination on June 14,2004.

Shoemaker was then 47 years old.

38.

Plaintiff

Kent D. Smith ("Smith") resides in Minnesota. Smith was employed by

Best Buy in Minnesota until his termination on June 14,2004. Smith was then 43 years old.

-6-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 7 of 33

39.

Plaintiff

Lynnette M. Steuck ("Steuck") resides in Minnesota. Steuck was

employed by Best Buy in Minnesota until her termination on June 14,2004. Steuck was then 51

years old.

40. Plaintiff Gregory K. Stoner ("Stoner") resides in Minnesota. Stoner was

employed by Best Buy in Minnesota until his termination on June 14,2004. Stoner was then 52

years old.

41.

Plaintiff

Billy S. Summers ("Summers") resides in Kentucky. Summers was

employed by Best Buy in Minnesota until his termination on October 10, 2003. Summers was

then 61 years old.

42. Plaintiff Marina V orobeychik ("V orobeychik") resides in Minnesota.

V orobeychik was employed by Best Buy in Minnesota until her termination on October 10,

2003. Vorobeychik was then 46 years old.

43. Plaintiff Richard L. Walstrom ("Walstrom") resides in Minnesota. Walstrom was

employed by Best Buy in Minnesota until his termination on June 14,2004. Walstrom was then

57 years old.

44.

Plaintiff

Philip B. Winters ("Winters") resides in Minnesota. Winters was

employed by Best Buy in Minnesota until his termination on June 14,2004. Winters was then

42 years old.

45.

Plaintiff

Hong Yan ("Yan") resides in Minnesota. Yan was employed by Best

Buy in Minnesota until her termination on June 14,2004. Yan was then 50 years old.

46.

Plaintiff

Ernest R. Zahradka ("Zahradka") resides in Minnesota. Zahradka was

employed by Best Buy in Minnesota until his termination on June 14,2004. Zahradka was then

41 years old.

-7-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 8 of 33

47. PlaintiffXianmin Shane Zhang, ("Zhang") resides in Minnesota. Zhang was

employed by Best Buy in Minnesota until his termination on June 14,2004. Zhang was then 43

years old. 48.

Defendant Best Buy Co., Inc. is a Minnesota corporation with its principal place

of business in Minnesota. Defendant Best Buy Enterprises, Inc. is a Minnesota corporation with

its principal place of

business in Minnesota, and is a wholly owned subsidiary of

Defendant Best

Buy Co., Inc.

49. Both Defendants are employers within the meaning of the federal Age

Discrimination in Employment Act ("ADEA"), 29 US.C. § 621, et. seq., the Minnesota Human

Rights Act ("MHA"), Minn. Stat. § 363A.02 et seq., and Minn. Stat. § 181.81.

50. This action is brought under the ADEA, 29 US.C. § 621, et. seq., and under 29

US.C. § 216(b) for and in behalf of

the above-named Plaintiffs and other persons similarly

situated who may opt into the action, and this Court therefore has original jurisdiction over this

action pursuant to 28 US.C. § 1331.
51. This Court has supplemental jurisdiction over Plaintiffs' state law claims pursuant

to 28 US.C. § 1367 because those claims are pendent to and part of

the same case or controversy

as that giving rise to the ADEA claims.

52. Venue of this action in the United States District Court for the District of

Minnesota is proper pursuant to 28 US.C. § 1391(b) because both Defendants reside in the

District of Minnesota and pursuant to 28 US.C. § 1391(c) because the events giving rise to

Plaintiffs' claims occurred in the District of

Minnesota.

-8-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 9 of 33

ADMINISTRA TIVE CHARGES AND PROCEEDINGS

53. On or about December 22, 2003, Plaintiff Hall timely fied a class-wide charge of

age discrimination with the US. Equal Employment Commission ("EEOC"), which was cross-

fied with the Minnesota Department of

Human Rights ("MDHR"), alleging among other things

that: (a) Best Buy was engaging in a pattern or practice of age discrimination against himself and

other similarly situated older employees; (b) his termination was part of a class-wide pattern or

practice of age-based terminations, demotions and forced retirements and resignations in the is

Department that began in 2002 and was continuing; (c) Best Buy had been hiring and promoting

younger persons throughout this same period; (d) Best Buy provided incomplete, misleading and

false information to him and to others in an attempt to induce them to waive their rights under

the federal Age Discrimination in Employment Act and the Minnesota Human Rights Act by

withholding from them accurate information about the extent and scope of its pattern of

terminations of older employees; and ( e) he was fiing the charge on behalf of himself and all

similarly situated employees of

Best Buy who had been terminated, demoted, or forced to retire

or resign their employment in whole or in part due to their ages during the years 2002 and 2003.

54. On or about December 22, 2003, Plaintiff Jothen timely fied a class-wide charge

of age discrimination with the EEOC, which was cross-fied with the MDHR, alleging among

other things that: (a) Best Buy was engaging in a pattern or practice of age discrimination against

himself and other similarly situated older employees; (b) his termination was part of a class-wide

pattern or practice of age-based terminations, demotions and forced retirements and resignations

in the is Department that began in 2002 and was continuing; ( c) Best Buy failed to consider him

for open positions for which he was qualified; (d) Best Buy had been hiring and promoting

younger persons throughout this same period; ( e) Best Buy provided him no demographic data

-9-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 10 of 33

about those who were terminated and those who were retained, and refused to give him more

than 24 days in which to consider the release with which he was presented; (f) Best Buy withheld

the demographic data and gave him less time to consider the release because it wanted him and

others to sign the release without knowing the extent and scope of its pattern of terminations of

older employees; and (g) he was fiing the charge on behalf of himself and all similarly situated

employees of

Best Buy who had been terminated, demoted, or forced to retire or resign their

employment in whole or in part due to their ages during the years 2002 and 2003.

55. On or about August 26,2004, Plaintiff Aschenbeck timely fied a class-wide

charge of age discrimination with the EEOC, which was cross-fied with the MDHR, alleging

among other things that: (a) Best Buy was engaging in a pattern or practice of age discrimination

against herself and other similarly situated older employees; (b) her termination was part of a

class-wide pattern or practice of age-based terminations, demotions and forced retirements and

resignations in the is Department that began in 2003 and was continuing; ( c) Best Buy also

notified employees in other departments that they were being terminated at the same time, and

these terminations fell disproportionately on older employees; (d) Best Buy had been hiring and

promoting younger persons throughout this same period; ( e) Best Buy provided incomplete,

misleading and false information to her and to others in an attempt to induce them to waive their

rights under the federal Age Discrimination in Employment Act and the Minnesota Human

Rights Act by withholding from them accurate information about the extent and scope of its

pattern of

terminations of older employees; and (f) she was fiing the charge on behalf of

herself

and all similarly situated persons age 40 or over who Best Buy terminated, demoted, or forced to

retire or resign during the time period from January 1, 2003, to the present.

-10-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 11 of 33

56.

On or about August 26,2004, Plaintiff

Brennan timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Brennan, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

57. On or about August 20, 2004, Plaintiff Carlson timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Carlson, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

58. On or about August 20, 2004, Plaintiff Carney timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Carney, and, by terminating, demoting, or forcing the

resignation or retirement of other older employees.

59. On or about August 4, 2004, Plaintiff Chen timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

-11-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 12 of 33

law by, among other things, terminating Chen, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

60. On or about August 26, 2004, Plaintiff Clausen timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Clausen, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

61.

On or about August 20,2004, Plaintiff

Draper timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Draper, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

62.

On or about August 20,2004, Plaintiff

Flemino timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Flemino, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

63.

On or about August 20,2004, Plaintiff

Foster timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

-12-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 13 of 33

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Foster, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

64. On or about August 27, 2004, Plaintiff Giles timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Giles, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

65.

On or about January 20, 2004, Plaintiff

Hanson timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Hanson, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

66.

On or about August 26,2004, Plaintiff

Hartmann timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Hartmann, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

67.

On or about January 29, 2004, Plaintiff

Holtan timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

-13-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 14 of 33

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Holtan, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

68.

On or about August 20,2004, Plaintiff

Hudson timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Hudson, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

69. On or about August 26,2004, PlaintiffIvanov timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Ivanov, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

70. On or about January 22, 2004, Plaintiff James timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating James, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

-14-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 15 of 33

71. On or about January 23, 2004, Plaintiff Juergens timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Juergens, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

72. On or about August 25,2004, Plaintiff Juntti timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Juntti, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

73.

On or about February 24,2004, Plaintiff

Kelly timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Kelly, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

74.

On or about August 26,2004, Plaintiff

Kessler timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

-15-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 16 of 33

law by, among other things, terminating Kessler, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

75.

On or about February 17,2004, Plaintiff

Kleiner timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Kleiner, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

76.

On or about August 20,2004, Plaintiff

Knox timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Knox, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

77.

On or about August 20,2004, Plaintiff

Lemon timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Lemon, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

78. On or about August 25,2004, PlaintiffLiu timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

-16-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 17 of 33

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Liu, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

79.

On or about March 17, 2004, Plaintiff

Mazurek timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, alleging which,

like the charges of

Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her

and other similarly situated employees on the basis of age in violation of

the ADEA and

Minnesota law by, among other things, terminating Mazurek, and by terminating, demoting, or

forcing the resignation or retirement of other older employees.

80.

On or about August 20,2004, Plaintiff

McKenzie timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating McKenzie, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

81.

On or about February 24, 2004, Plaintiff

Noska timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Noska, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

82. On or about August 25, 2004, Plaintiff Okins timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

-17-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 18 of 33

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Okins, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

83. On or about August 25, 2004, Plaintiff Olund timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Olund, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

84.

On or about March 30, 2004, Plaintiff

Pettis timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Pettis, by terminating, demoting, or forcing the

resignation or retirement of other older employees, and by failing to retain, transfer and/or hire

Pettis and other similarly situated employees for open positions.

85. On or about August 27,2004, PlaintiffPiao timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Piao, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

-18-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 19 of 33

86.

On or about August 20,2004, Plaintiff

Rabichev timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Rabichev, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

87.

On or about August 26,2004, Plaintiff

Reinhart timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Reinhart, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

88. On or about August 26,2004, Plaintiff Shoemaker timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Shoemaker, and by terminating, demoting, or forcing

the resignation or retirement of other older employees.

89. On or about August 20,2004, Plaintiff Smith timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

-19-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 20 of 33

law by, among other things, terminating Smith, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

90. On or about August 4,2004, Plaintiff Steuck timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Steuck, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

91. On or about August 25,2004, Plaintiff Stoner timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Stoner, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

92. On or about March 8, 2004, Plaintiff Summers timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Summers, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

93. On or about January 20,2004, PlaintiffVorobeychik timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against her and

-20-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 21 of 33

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating V orobeychik, and by terminating, demoting, or forcing

the resignation or retirement of other older employees.

94.

On or about August 25,2004, Plaintiff

Walstrom timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Walstrom, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

95.

On or about August 25,2004, Plaintiff

Winters timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Winters, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

96. On or about August 25,2004, Plaintiff Zahradka timely fied a class-wide

administrative charge with the EEOC, which was cross-fied with the MDHR, which, like the

charges of Hall, Jothen and Aschenbeck, alleged that Best Buy discriminated against him and

other similarly situated employees on the basis of age in violation of

the ADEA and Minnesota

law by, among other things, terminating Zahradka, and by terminating, demoting, or forcing the

resignation or retirement of other older employees.

97. Each of the forty four above-named Plaintiffs hereby consents to become a party

plaintiff in this action.

-21-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 22 of 33

98. Plaintiffs Lekson, Yan and Zhang were each identified by name in the

administrative charges of Aschenbeck and others, and each hereby consents to become a plaintiff

in this action.

FACT ALLEGATIONS

99. In April of 2002, Best Buy engaged Robert A. Willett ("Willett"), a global

managing partner and member of

the Executive Committee at Accenture Ltd., as a consultant

and special advisor to its Board of

Directors on matters relating to operational effciency and

excellence.

100.

At about the same time as its engagement of

Willett, Best Buy began to engage in

a pattern or practice of age discrimination against its older Information Systems ("IS")

employees and other similarly situated employees. The above-named Plaintiffs in this action and

other similarly situated employees were subject to and the victims of

Best Buy's pattern or

practice of age discrimination.

101. As part of its pattern or practice of age discrimination, Best Buy began to use

performance plans, job assignments, ratings, quotas, rankings or other measures to pressure its

older IS employees and other similarly situated employees to quit and/or to justify their

terminations.

102. As part of its pattern or practice of age discrimination, Best Buy discriminated

with respect to training opportunities and job assignments, such as by giving younger employees

the opportunity to learn new technology and assigning those employees to positions where they

could utilize that new technology, while channeling many of the older employees into positions

involving older technology which was becoming obsolete, and by reassigning job duties and

reporting relationships from certain older persons and reassigning them to younger persons.

-22-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 23 of 33

103. As part of its pattern or practice of age discrimination, Best Buy discriminated

with respect to management training and promotions, giving younger employees management

training and promoting younger employees into management positions, while excluding and/or

demoting many of the older employees from management training and management positions, or

by taking away their job duties and responsibilities.

104. Best Buy illegally took the above measures and others to classify its employees

on the basis of age, and to otherwise adversely affect the employment of older is employees and

other similarly situated employees.

105. Beginning in or about 2003, Best Buy began to force out or involuntarily

terminate older is employees and other similarly situated employees, while hiring younger

employees.

106.

On or about October 10, 2003, as part of

its pattern or practice of

age

discrimination, Best Buy terminated the employment of 25 of its is Department employees, with

these terminations falling heavily on those employees who were age 40 or more at that time.

107.

Twenty of

the is employees terminated on or about October 10, 2003, were over

the age of 40, including 13 of

the named Plaintiffs, and another turned age 40 the day after his

termination, while younger is employees were disproportionately retained.

108. Best Buy's disclosure of those terminated from the is Department failed to

disclose all of

the employees age 40 or more who were terminated on or about October 10, 2003.

109. In January 2004, Best Buy engaged Willett's company, Accenture, to reduce costs

in the Human Resources area, including the termination of some HR Department employees,

with a stated intention to engage Accenture for a similar project in the is area.

-23-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 24 of 33

110.

On April 14,2004, Best Buy reported that it planned to out

source its Information

Systems work to Accenture which would result in the layoffs of 130 IS Department employees.

It stated that Accenture by contract with Best Buy would offer jobs to 650 of

the 820 employees

who then worked in Information Technology for Best Buy and that those workers would

continue to be located at Best Buy's corporate headquarters along with an additional 40 IS

Department employees who would continue to work directly for Best Buy.

11 1.

On April 14,2004, Best Buy notified approximately 126 employees of

its IS

Department that they would be terminated effective June 14,2004. On or about June 14,2004, it

informed those employees that 82 of

the 126 IS employees to be terminated (about 65%) were

age 40 or more, including 31 of

the above-named Plaintiffs.

112.

The proportion ofIS Department employees notified of

their terminations as of

April 14,2004, on information and belief, was heavily weighted against employees age 40 or

more.

113. Best Buy's disclosure of those terminated from the IS Department, on information

and belief, failed to disclose all of the employees age 40 or more who were terminated as of

June 14,2004, and may have included other employees, under age 40, who were retained as

employees at Best Buy.

114.

On April 14,2004, Best Buy also announced that it had cut 30 corporate

jobs in

other areas, including its Finance Department.

115.

Best Buy disclosed that 12 of

the 13 employees who were notified on April 14,

2004, that they would be terminated from Best Buy's Finance Department were over the age of

40 and that the 13th was age 38. These terminations fell heavily on older employees within that

department.

-24-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 25 of 33

116. In April 2004, Willett was named as Best Buy's Executive Vice President-

Operations. Willett's stated responsibilities include reducing Best Buy's cost structure. Willett

was one of

four Best Buy executives involved in negotiating the terms of

Best Buy's

engagements with Accenture.

117. In the fiscal year ending February 2004, Willett was paid consulting fees by Best

Buy of $238,796 and accrued consulting fees totaling $384,245 and was reimbursed for out-of-

pocket expenses totaling another $209,311.

118. As part of its pattern or practice of discrimination, Best Buy sought to obtain

releases of age discrimination claims from its terminated employees without complying with

applicable law. Among other things, Best Buy provided incomplete, misleading and inaccurate

demographic data regarding those selected for termination and those retained. Best Buy also

refused requests from terminated employees for complete and accurate demographic data, failed

to provide any demographic data regarding employees terminated and retained to some of the

terminated employees, and failed to provide them with the required minimum period of days to

consider Best Buy's proposed severance and release of claims.

119. Best Buy induced similarly situated former Best Buy employees to sign legally

invalid releases of their claims for age discrimination.

120. As part of its pattern or practice of discrimination, Best Buy has failed to provide

its older employees with consideration for employment opportunities, has refused to transfer

older employees into open positions for which they were qualified and has refused to re-hire its

former employees for positions for which they were qualified.

121. On information and belief, Best Buy destroyed or failed to retain documents

and/or information relating to the job terminations in the IS Department, and discharged or

-25-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 26 of 33

otherwise retaliated against company employees who, in good faith, made internal reports or

complaints about possible age discrimination by Best Buy.

122. In an article published on November 8,2004, Best Buy's spokesperson stated that

Best Buy's workforce skews young and that the average age of its corporate employees is just

29.

123. The aforesaid pattern or practice of age discrimination by Best Buy was willfuL.

124. The Plaintiffs are each 40 years of age or older, and are within the class of

persons protected against age discrimination by the ADEA, 29 US.C. § 621, et seq., and the

MHA, Minn. Stat. § 363A.02, et seq.

125. The Plaintiffs are among the former employees of Best Buy who have been

adversely affected by the aforesaid pattern or practice of age discrimination.

Verne A. Hall

126. Hall was employed with Best Buy as a Software Engineer.

127. Hall was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

128. Best Buy terminated Hall's employment on or about October 14, 2003, when

Hall, who was born on July 23, 1943, was 60 years old.

129. In connection with Hall's termination, Best Buy provided him with a letter that

stated that Hall was employed most recently in the position of

Engineer 4, Software and that this

position was eliminated.

Erik M. Jothen

130. Jothen was employed with Best Buy as a Product Capability Manager.

-26-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 27 of 33

131. Jothen was well qualified for his position as a Product Capability Manager and

performed his duties in a proper, satisfactory and competent manner.

132. Best Buy terminated Jothen's employment on or about October 10, 2003, when

Jothen, who was born on July 5, 1950, was 53 years old.

133. In response to Jothen's request for the truthful reason for his termination pursuant

to Minn. Stat. § 181. 93 3, Best Buy stated that his employment was terminated due to his failure

to meet the expectations of his position as a Product Capability Manager of Subscription Vendor

Maintenance.

Susan J. Aschenbeck

134. Aschenbeck was employed with Best Buy as a Software Engineer.

135. Aschenbeck was well qualified for her Software Engineer position and performed

her duties in a proper, satisfactory and competent manner.

136. Best Buy terminated Aschenbeck's employment on or about June 14,2004, when

Aschenbeck, who was born on October 17, 1963, was 40 years old.

137. In connection with Aschenbeck's termination, Best Buy provided her with a letter

that stated that Aschenbeck was employed most recently in the position of

Engineer 3, Software

and that this position was eliminated.

Donald P. Brennan

138. Brennan was employed with Best Buy as a Consultant.

139. Brennan was well qualified for his Consultant position and performed his duties

in a proper, satisfactory and competent manner.

140. Best Buy terminated Brennan's employment on or about June 14,2004, when

Brennan, who was born on January 6, 1957, was 47 years old.

-27-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 28 of 33

141. In connection with Brennan's termination, Best Buy provided him with a letter

that stated that Brennan was employed most recently in the position of Consultant 1 and that this

position was eliminated.

Roberta S. (Filer) Carlson

142. Carlson was employed with Best Buy as a Consultant.

143. Carlson was well qualified for her Consultant position and performed her duties in

a proper, satisfactory and competent manner.

144. Best Buy terminated Carlson's employment on or about June 14,2004, when

Carlson, who was born on March 9, 1959, was 45 years old.

145. In connection with Carlson's termination, Best Buy provided her with a letter that

stated that Carlson was employed most recently in the position of Consultant 4 and that this

position was eliminated.

John J. Carney

146. Carney was employed with Best Buy as a Technical Consultant.

147. Carney was well qualified for his Technical Consultant position and performed

his duties in a proper, satisfactory and competent manner.

148. Best Buy terminated Carney's employment on or about June 14,2004, when

Carney, who was born on March 9, 1954, was 50 years old.

149. In connection with Carney's termination, Best Buy provided him with a letter that

stated that Carney was employed most recently in the position of

Consultant 4, Technical and

that this position was eliminated.

Fan2- Pai Chen

150. Chen was employed with Best Buy as a Software Engineer.

-28-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 29 of 33

151. Chen was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

152. Best Buy terminated Chen's employment on or about June 14,2004, when Chen,

who was born on June 16, 1947, was 56 years old.

153. In connection with Chen's termination, Best Buy provided him with a letter that

stated that Chen was employed most recently in the position of

Engineer 5, Software and that

this position was eliminated.

Ronnie B. Clausen

154. Clausen was employed with Best Buy as a Software Engineer.

155. Clausen was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

156. Best Buy terminated Clausen's employment on or about June 14,2004, when

Clausen, who was born on September 5, 1957, was 46 years old.

157. In connection with Clausen's termination, Best Buy provided him with a letter

that stated that Clausen was employed most recently in the position of

Engineer 4, Software and

that this position was eliminated.

David L. Draper

158. Draper was employed with Best Buy as a Delivery Project Manager.

159. Draper was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

160. Best Buy terminated Draper's employment on or about June 14,2004, when

Draper, who was born on January 9, 1945, was 59 years old.

-29-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 30 of 33

161. In connection with Draper's termination, Best Buy provided him with a letter that

stated that Draper was employed most recently in the position ofMgr 3, Delivery Project

Manager and that this position was eliminated.

Garv L. Flemino 162. Flemino was employed with Best Buy as a Software Engineer.

163. Flemino was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

164. Best Buy terminated Flemino's employment on or about June 14,2004, when

Flemino, who was born on February 26, 1942, was 62 years old.

165. In connection with Flemino' s termination, Best Buy provided him with a letter

that stated that Flemino was employed most recently in the position of

Engineer 4, Software and

that this position was eliminated.
Debra Jean Foster

166. Foster was employed with Best Buy as a Product Capability Manager.

167. Foster was well qualified for her Product Capability Manager position and

performed her duties in a proper, satisfactory and competent manner.

168. Best Buy terminated Foster's employment on or about June 14,2004, when

Foster, who was born on September 23, 1957, was 46 years old.
169. In connection with Foster's termination, Best Buy provided her with a letter that

stated that Foster was employed most recently in the position ofMgr 3, Product/Capability and

that this position was eliminated.
Linda K. Giles

170. Giles was employed with Best Buy as a Product Capability Manager.

-30-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 31 of 33
171. Giles was well qualified for her Product Capability Manager position and performed her duties in a proper, satisfactory and competent manner.
172. Best Buy terminated Giles' employment on or about June 14,2004, when Giles, who was born on January 28, 1963, was 41 years old.
173. In connection with Giles' termination, Best Buy provided her with a letter that stated that Giles was employed most recently in the position ofMgr 3, Product/Capability and
that this position was eliminated. Janice B. Hanson
174. Hanson was employed with Best Buy as a Business analyst. 175. Hanson was well qualified for her Business Analyst position and performed her duties in a proper, satisfactory and competent manner. 176. Best Buy terminated Hanson's employment on or about October 10,2003, when
Hanson, who was born on June 22, 1949, was 54 years old.
177. In connection with Hanson's termination, Best Buy provided her with a letter that stated that Hanson was employed most recently in the position of Analyst 1, Business and that this position was eliminated. Richard W. Hartmann
178. Hartmann was employed with Best Buy as a Program Manager. 179. Hartmann was well qualified for his Program Manager position and performed his duties in a proper, satisfactory and competent manner. 180. Best Buy terminated Hartmann's employment on or about June 14,2004, when Hartmann, who was born on December 28, 1960, was 43 years old.
-31-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 32 of 33

181. In connection with Hartmann's termination, Best Buy provided him with a letter

that stated that Hartmann was employed most recently in the position ofMgr 1, Program and that

this position was eliminated.

PaulO. Holtan

182. Holtan was employed with Best Buy as a Software Engineer.

183. Holtan was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

184. Best Buy terminated Holtan's employment on or about October 10, 2003, when

Holtan, who was born on January 12, 1949, was 54 years old.

185. In connection with Holtan's termination, Best Buy provided him with a letter that

stated that Holtan was employed most recently in the position of

Engineer 4, Software and that

this position was eliminated.

Andre M. Hudson

186. Hudson was employed with Best Buy as a Technical Analyst.

187. Hudson was well qualified for his Technical Analyst position and performed his

duties in a proper, satisfactory and competent manner.

188. Best Buy terminated Hudson's employment on or about June 14,2004, when Hudson, who was born on June 10, 1963, was 40 years old.

189. In connection with Hudson's termination, Best Buy provided him with a letter

that stated that Hudson was employed most recently in the position of Analyst 4, Technical and

that this position was eliminated.
Ole2 Ivanov

190. Ivanov was employed with Best Buy as a Project Manager.

-32-

Case 0:04-cv-04812-MJD-AJB Document 29 Filed 03/24/05 Page 33 of 33

191. Ivanov was well qualified for his Project Manager position and performed his

duties in a proper, satisfactory and competent manner.

192. Best Buy terminated Ivanov's employment on or about June 14,2004, when

Ivanov, who was born on December 26, 1960, was 43 years old.

193. In connection with Ivanov's termination, Best Buy provided him with a letter that

stated that Ivanov was employed most recently in the position ofMgr, Financial Ops & Analysis

and that this position was eliminated.

Vau2hn Edwen James

194. James was employed with Best Buy as a Software Engineer.

195. James was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

196. Best Buy terminated James' employment on or about October 10, 2003, when

James, who was born on December 21, 1931, was 71 years old.

197. In connection with James' termination, Best Buy provided him with a letter that

stated that James was employed most recently in the position of

Engineer 3, Software and that

this position was eliminated.

HU2h F. Juer2ens

198. Juergens was employed with Best Buy as a Product Capability Manager.

199. Juergens was well qualified for his Product Capability Manager position and

performed his duties in a proper, satisfactory and competent manner.

200. Best Buy terminated Juergens' employment on or about October 10,2003, when

Juergens, who was born on November 3, 1946, was 56 years old.

-33-

 
 Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 1 of 33
201. In response to Juergens' request for the truthful reason for his termination
pursuant to Minn. Stat. § 181. 93 3, Best Buy stated that his employment was terminated due to
his failure to meet the expectations of his position as a Product Capability Manager in the Data
Management COE.
Glen Á. Juntti
202. Juntti was employed with Best Buy as a Delivery Project Manager. 203. Juntti was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner. 204. Best Buy terminated Juntti's employment on or about June 14,2004, when Juntti, who was born on December 6, 1948, was 55 years old. 205. In connection with Juntti' s termination, Best Buy provided him with a letter that stated that Juntti was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Sharon L. Kellv 206. Kelly was employed with Best Buy as a Product Capability Manager. 207. Kelly was well qualified for her Product Capability Manager position and performed her duties in a proper, satisfactory and competent manner. 208. Best Buy terminated Kelly's employment on or about October 10, 2003, when Kelly, who was born on March 12, 1953, was 50 years old. 209. In connection with Kelly's termination, Best Buy provided her with a letter that stated that Kelly was employed most recently in the position ofMgr 4, Product/Capability and
that this position was eliminated.
-34-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 2 of 33

Vladimir Kessler

210. Kessler was employed with Best Buy as a Technical Consultant.

211. Kessler was well qualified for his Technical Consultant position and performed

his duties in a proper, satisfactory and competent manner.

212. Best Buy terminated Kessler's employment on or about June 14,2004, when

Kessler, who was born on May 2, 1960, was 43 years old.

213. In connection with Kessler's termination, Best Buy provided him with a letter that

stated that Kessler was employed most recently in the position of

Consultant 1, Technical and

that this position was eliminated.

Sally M. Kleiner

214. Kleiner was employed with Best Buy as a Technical Consultant.

215. Kleiner was well qualified for her Technical Consultant position and performed

her duties in a proper, satisfactory and competent manner.

216. Best Buy terminated Kleiner's employment on or about October 10, 2003, when

Kleiner, who was born on June 21, 1949, was 54 years old.

217. In connection with Kleiner's termination, Best Buy provided her with a letter that

stated that Kleiner was employed most recently in the position of

Consultant 1, Technical and

that this position was eliminated.

Randall S. Knox

218. Knox was employed with Best Buy as a Project Manager.

219. Knox was well qualified for his Project Manager position and performed his

duties in a proper, satisfactory and competent manner.

-35-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 3 of 33
220. Best Buy terminated Knox's employment on or about June 14,2004, when Knox, who was born on November 26, 1946, was 57 years old.
221. In connection with Knox's termination, Best Buy provided him with a letter that stated that Knox was employed most recently in the position ofMgr 4, Delivery Project and that this position was eliminated. Janet L. Lekson
222. Lekson was employed with Best Buy as an Administrative Assistant. 223. Lekson was well qualified for her Administrative Assistant position and performed her duties in a proper, satisfactory and competent manner. 224. Best Buy terminated Lekson's employment on or about June 14,2004, when Lekson, who was born on July 16, 1952, was 51 years old. 225. In connection with Lekson' s termination, Best Buy provided her with a letter that stated that Lekson was employed most recently in the position of Admin Assistant 3 and that this
position was eliminated. LaRae L. Lemon
226. Lemon was employed with Best Buy as a Product Capability Manager. 227. Lemon was well qualified for her Product Capability Manager position and performed her duties in a proper, satisfactory and competent manner. 228. Best Buy terminated Lemon's employment on or about June 14,2004, when Lemon, who was born on January 30, 1955, was 49 years old. 229. In connection with Lemon's termination, Best Buy provided her with a letter that stated that Lemon was employed most recently in the position ofMgr 4, Product/Capability and
that this position was eliminated.
-36-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 4 of 33

Shawn Xiao Liu

230. Liu was employed with Best Buy as a Technical Consultant.

231. Liu was well qualified for his Technical Consultant position and performed his

duties in a proper, satisfactory and competent manner.

232. Best Buy terminated Liu's employment on or about June 14,2004, when Liu, who

was born on March 16, 1962, was 42 years old.

233. In connection with Liu' s termination, Best Buy provided him with a letter that

stated that Liu was employed most recently in the position of

Consultant 3, Technical and that

this position was eliminated.

Esther G. Mazurek

234. Mazurek was employed with Best Buy as a Project Manager.

235. Mazurek was well qualified for her Project Manager position and performed her

duties in a proper, satisfactory and competent manner.

236. Best Buy terminated Mazurek's employment on or about October 10, 2003, when

Mazurek, who was born on September 5, 1957, was 46 years old.

237. In connection with Mazurek's termination, Best Buy provided her with a letter

that stated that Mazurek was employed most recently in the position of

Engineer 5, Software and

that this position was eliminated.

Daniel J. McKenzie

238. McKenzie was employed with Best Buy as a Delivery Project Manager.

239. McKenzie was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

-37-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 5 of 33

240. Best Buy terminated McKenzie's employment on or about June 14,2004, when

McKenzie, who was born on March 31, 1956, was 48 years old.

241. In connection with McKenzie's termination, Best Buy provided him with a letter

that stated that McKenzie was employed most recently in the position ofMgr 4, Delivery Project

and that this position was eliminated.

Thomas M. Noska

242. Noska was employed with Best Buy as a Delivery Project Manager.

243. Noska was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

244. Best Buy terminated Noska's employment on or about October 10, 2003, when

Noska, who was born on April

26 1950, was 53 years old.

245. In connection with Noska's termination, Best Buy provided him with a letter that

stated that Noska was employed most recently in the position ofMgr 3, Product/Capability and

that this position was eliminated.
Roy D. Okins

246. Okins was employed with Best Buy as a Software Engineer.

247. Okins was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

248. Best Buy terminated Okins' employment on or about June 14,2004, when Okins,

who was born on September 3, 1946, was 57 years old.

249. In connection with Okins' termination, Best Buy provided him with a letter that

stated that Okins was employed most recently in the position of

Engineer 4, Software and that

this position was eliminated.

-38-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 6 of 33
Richard David Olund 250. Olund was employed with Best Buy as a Product Capability Manager. 251. Olund was well qualified for his Product Capability Manager position and
performed his duties in a proper, satisfactory and competent manner. 252. Best Buy terminated Olund's employment on or about June 14,2004, when
Olund, who was born on November 8, 1954, was 49 years old. 253. In connection with Olund's termination, Best Buy provided him with a letter that
stated that Olund was employed most recently in the position ofMgr 3, Best Practices and that this position was eliminated. GreiWrv J. Pettis
254. Pettis was employed with Best Buy as a Product Capability Manager. 255. Pettis was well qualified for his Product Capability Manager position and performed his duties in a proper, satisfactory and competent manner. 256. Best Buy terminated Pettis' employment on or about October 10, 2003, when Pettis, who was born on September 16, 1947, was 56 years old. 257. In connection with Pettis' termination, Best Buy provided him with a letter that stated that Pettis was employed most recently in the position ofMgr 3, Product/Capability and
that this position was eliminated.
JOY G. Piao
258. Piao was employed with Best Buy as a Senior Business Analyst. 259. Piao was well qualified for her Senior Business Analyst position and performed her duties in a proper, satisfactory and competent manner.
-39-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 7 of 33
260. Best Buy terminated Piao's employment on or about June 14,2004, when Piao, who was born on February 16, 1960, was 44 years old.
261. In connection with Piao' s termination, Best Buy provided her with a letter that stated that Piao was employed most recently in the position of Analyst 5, Business and that this position was eliminated.
Boris L. Rabichev 262. Rabichev was employed with Best Buy as a Database Analyst. 263. Rabichev was well qualified for his Database Analyst position and performed his
duties in a proper, satisfactory and competent manner. 264. Best Buy terminated Rabichev's employment on or about June 14,2004, when
Rabichev, who was born on January 13, 1958, was 46 years old. 265. In connection with Rabichev' s termination, Best Buy provided him with a letter
that stated that Rabichev was employed most recently in the position of Analyst 2, Database and
that this position was eliminated.
JOY M. Reinhart
266. Reinhart was employed with Best Buy as a Business Analyst. 267. Reinhart was well qualified for her Business Analyst position and performed her duties in a proper, satisfactory and competent manner. 268. Best Buy terminated Reinhart's employment on or about June 14,2004, when Reinhart, who was born on July 8, 1953, was 50 years old. 269. In connection with Reinhart's termination, Best Buy provided her with a letter that stated that Reinhart was employed most recently in the position of Analyst 5, Business and
that this position was eliminated.
-40-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 8 of 33
JoAnn Baird Shoemaker 270. Shoemaker was employed with Best Buy as a Business Analyst. 271. Shoemaker was well qualified for her Business Analyst position and performed
her duties in a proper, satisfactory and competent manner. 272. Best Buy terminated Shoemaker's employment on or about June 14,2004, when
Shoemaker, who was born on December 9, 1956, was 47 years old. 273. In connection with Shoemaker's termination, Best Buy provided her with a letter
that stated that Shoemaker was employed most recently in the position of Analyst 5, Business and that this position was eliminated. Kent D. Smith
274. Smith was employed with Best Buy as a Delivery Project Manager. 275. Smith was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner. 276. Best Buy terminated Smith's employment on or about June 14,2004, when Smith, who was born on August 20, 1960, was 43 years old. 277. In connection with Smith's termination, Best Buy provided him with a letter that stated that Smith was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Lynette M. Steuck 278. Steuck was employed with Best Buy as a Delivery Project Manager. 279. Steuck was well qualified for her Delivery Project Manager position and performed her duties in a proper, satisfactory and competent manner.
-41-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 9 of 33

280. Best Buy terminated Steuck's employment on or about June 14,2004, when Steuck, who was born on March 31, 1953, was 51 years old.
281. In connection with Steuck's termination, Best Buy provided her with a letter that stated that Steuck was employed most recently in the position ofMgr 3, Delivery Project and
that this position was eliminated.

GreiWrv K. Stoner
282. Stoner was employed with Best Buy as a Delivery Project Manager. 283. Stoner was well qualified for his Delivery Project Manager position and performed his duties in a proper, satisfactory and competent manner. 284. Best Buy terminated Stoner's employment on or about June 14,2004, when Stoner, who was born on February 26, 1952, was 52 years old. 285. In connection with Stoner's termination, Best Buy provided him with a letter that stated that Stoner was employed most recently in the position ofMgr 2, Delivery Project and that this position was eliminated. Bily S. Summers 286. Summers was employed with Best Buy as a Software Engineer. 287. Summers was well qualified for his Software Engineer position and performed his duties in a proper, satisfactory and competent manner. 288. Best Buy terminated Summers' employment on or about October 10,2003, when Summers, who was born on May 31, 1942, was 61 years old. 289. In connection with Summers' termination, Best Buy provided him with a letter

that stated that Summers was employed most recently in the position of
that this position was eliminated.

Engineer 4, Software and

-42-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 10 of 33

Marina V orobeychik

290. V orobeychik was employed with Best Buy as a Consultant.

291. V orobeychik was well qualified for her Consultant position and performed her

duties in a proper, satisfactory and competent manner.

292. Best Buy terminated Vorobeychik's employment on or about October 10, 2003,

when Vorobeychik, who was born on October 30, 1956, was 46 years old.

293. In connection with V orobeychik' s termination, Best Buy provided her with a

letter that stated that V orobeychik was employed most recently in the position of Consultant 2

and that this position was eliminated.

Richard L. Walstrom

294. Walstrom was employed with Best Buy as a Technical Consultant.

295. Walstrom was well qualified for his Technical Consultant position and performed

his duties in a proper, satisfactory and competent manner.

296. Best Buy terminated Walstrom's employment on or about June 14,2004, when

Walstrom, who was born on December 9, 1946, was 57 years old.

297. In connection with Walstrom's termination, Best Buy provided him with a letter

that stated that Walstrom was employed most recently in the position of

Consultant 4, Technical

and that this position was eliminated.

Philip B. Winters

298. Winters was employed with Best Buy as a Product Capability Manager.

299. Winters was well qualified for his Product Capability Manager position and

performed his duties in a proper, satisfactory and competent manner.

-43-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 11 of 33

300. Best Buy terminated Winters' employment on or about June 14,2004, when

Winters, who was born on February 10, 1962, was 42 years old.

301. In connection with Winters' termination, Best Buy provided him with a letter that

stated that Winters was employed most recently in the position ofMgr 4, Product/Capability and

that this position was eliminated.

RODD!: Yan

302. Yan was employed with Best Buy as a Software Engineer.

303. Yan was well qualified for her Software Engineer position and performed her

duties in a proper, satisfactory and competent manner.

304. Best Buy terminated Yan's employment on or about June 14,2004, when Yan,

who was born on October 27, 1953, was 50 years old.

305. In connection with Yan' s termination, Best Buy provided her with a letter that

stated that Yan was employed most recently in the position of

Engineer 4, Software and that this

position was eliminated.

Ernest R. Zahradka

306. Zahradka was employed with Best Buy as a Delivery Project Manager.

307. Zahradka was well qualified for his Delivery Project Manager position and

performed his duties in a proper, satisfactory and competent manner.

308. Best Buy terminated Zahradka's employment on or about June 14,2004, when

Zahradka, who was born on November 17, 1962, was 41 years old.

309. In connection with Zahradka' s termination, Best Buy provided him with a letter

that stated that Zahradka was employed most recently in the position ofMgr 2, Delivery Project

and that this position was eliminated.

-44-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 12 of 33

Xianmin Shane ZhaDD!:

310. Zhang was employed with Best Buy as a Software Engineer.

311. Zhang was well qualified for his Software Engineer position and performed his

duties in a proper, satisfactory and competent manner.

312. Best Buy terminated Zhang's employment on or about June 14,2004, when

Zhang, who was born on February 22, 1961, was 43 years old.

313. In connection with Zhang's termination, Best Buy provided him with a letter that

stated that Zhang was employed most recently in the position of

Engineer 5, Software and that

this position was eliminated.

Opt-In Plaintiffs

314. Each person similarly situated to the above-named Plaintiffs who affrmatively

opts into this action by fiing a notice was formerly employed by Best Buy in its corporate offce

in Minnesota. Each was well-qualified for the position or positions he or she held and performed

his or her duties in a satisfactory and competent manner. Nevertheless, Best Buy terminated,

demoted, forced to retire or resign, or otherwise adversely affected the employment of each such person in whole or in part due to his or her age.
COUNT ONE ADEA REPRESENTATIVE ACTION 315. Plaintiffs incorporate herein by reference paragraphs 1 through 314, above.
316. This is a representative action under 29 U.S.C. §§ 626(b) & (c) and 29 U.S.C. § 21 6(b) by the above-named Plaintiffs and other similarly situated persons who opt into this

action by fiing an appropriate notice.

-45-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 13 of 33

317. As set forth more fully above, Best Buy has engaged in an unlawful pattern or

practice of age discrimination that has adversely affected the above-named Plaintiffs and other

similarly situated present and former employees of

Best Buy in the is department and other

departments or units, in violation of

the ADEA, 29 US.C. § 621, et. Seq. .

318. The aforesaid unlawful pattern or practice of age discrimination by Best Buy is in

willful violation of

the ADEA.

319. The above-named Plaintiffs and others similarly situated were adversely affected

by the aforesaid pattern or practice of

unlawful, willful age discrimination by Best Buy.

320. By engaging in said unlawful and willful pattern or practice of age discrimination

as described herein, Best Buy prevented the named Plaintiffs and other similarly situated

employees from obtaining the income, pension, retirement and insurance benefits, and other

compensation and benefits that they otherwise would have earned and received.

321. As a direct and proximate result of the aforesaid unlawful and willful pattern or

practice of age discrimination by Best Buy in violation of

the ADEA, each of

the Plaintiffs has

suffered damages in an amount to be determined at trial, including, but not limited to, lost salary,

bonuses, and other forms of compensation and lost retirement benefits, insurance benefits, and

other employee benefits.

COUNT TWO

INDIVIDUAL AGE DISCRIMINATION CLAIMS - ADEA AND MHRA

322. Plaintiffs incorporate herein by reference paragraphs 1 through 321, above.

323. Best Buy discriminated against Hall because of his age in willful violation of the

ADEA and MHA by engaging in the aforesaid pattern or practice of age discrimination and by

terminating Hall's employment in 2003.

-46-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 14 of 33

324.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Hall, Hall has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

325. Best Buy discriminated against Jothen because of his age in willful violation of

the ADEA and MHA by engaging in the aforesaid pattern or practice of age discrimination and

by terminating Jothen's employment in 2003.

326.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Jothen, Jothen has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

327. Best Buy discriminated against Aschenbeck because of her age in willful

violation of the ADEA and MHRA by engaging in the aforesaid pattern or practice of age

discrimination and by terminating Aschenbeck's employment in 2004.

328. As a direct and proximate result of Defendant's unlawful and willful age

discrimination against Aschenbeck, Aschenbeck has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

-47-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 15 of 33

329. Best Buy discriminated against Brennan because of his age in willful violation of

the ADEA and MHA by engaging in the aforesaid pattern or practice of age discrimination and

by terminating Brennan's employment in 2004.

330. As a direct and proximate result of Defendant's unlawful and willful age

discrimination against Brennan, Brennan has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

331. Best Buy discriminated against Carlson because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Carlson's employment in 2004.

332.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Carlson, Carlson has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

333. Best Buy discriminated against Carney because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Carney's employment in 2004.

334.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Carney, Carney has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

-48-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 16 of 33

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

335. Best Buy discriminated against Chen because of his age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Chen's employment in 2004.

336.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Chen, Chen has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

337. Best Buy discriminated against Clausen because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Clausen's employment in 2004.

338.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Clausen, Clausen has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

339. Best Buy discriminated against Draper because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Draper's employment in 2004.

340.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Draper, Draper has suffered damages in an amount to be determined at

-49-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 17 of 33

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

341. Best Buy discriminated against Flemino because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Flemino's employment in 2004.

342.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Flemino, Flemino has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

343.

Best Buy discriminated against Foster because of

her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Foster's employment in 2004.

344.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Foster, Foster has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

345. Best Buy discriminated against Giles because of her age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Giles' employment in 2004.

-50-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 18 of 33

346.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Giles, Giles has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

347. Best Buy discriminated against Hanson because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Hanson's employment in 2003.

348.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Hanson, Hanson has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

349. Best Buy discriminated against Hartmann because of his age in willful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Hartmann's employment in 2004.

350.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Hartmann, Hartmann has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

-51-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 19 of 33

351. Best Buy discriminated against Holtan because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Holtan's employment in 2003.

352.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Holtan, Holtan has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

353. Best Buy discriminated against Hudson because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Hudson's employment in 2004.

354.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Hudson, Hudson has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

355.

Best Buy discriminated against Ivanov because of

his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Ivanov's employment in 2004.

356.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Ivanov, Ivanov has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

-52-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 20 of 33

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

357.

Best Buy discriminated against James because of

his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating James' employment in 2003.

358.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against James, James has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

359. Best Buy discriminated against Juergens because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Juergens' employment in 2003.

360.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Juergens, Juergens has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

361.

Best Buy discriminated against Juntti because of

his age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Juntti's employment in 2004.

362.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Juntti, Juntti has suffered damages in an amount to be determined at trial,

-53-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 21 of 33

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

363.

Best Buy discriminated against Kelly because of

her age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Kelly's employment in 2003.

364.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Kelly, Kelly has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

365. Best Buy discriminated against Kessler because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Kessler's employment in 2004.

366.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Kessler, Kessler has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

367. Best Buy discriminated against Kleiner because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Kleiner's employment in 2003.

-54-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 22 of 33

368.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Kleiner, Kleiner has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

369.

Best Buy discriminated against Knox because of

his age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Knox's employment in 2004.

370.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Knox, Knox has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

371. Best Buy discriminated against Lekson because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Lekson's employment in 2004.

372.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Lekson, Lekson has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary and other forms of compensation, lost retirement

benefits, insurance benefits and other employee benefits, and damages for mental anguish and

suffering.

-55-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 23 of 33

373. Best Buy discriminated against Lemon because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Lemon's employment in 2004.

374.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Lemon, Lemon has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

375. Best Buy discriminated against Liu because of his age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Liu's employment in 2004.

376.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Liu, Liu has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

377. Best Buy discriminated against Mazurek because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Mazurek's employment in 2003.

378.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Mazurek, Mazurek has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

-56-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 24 of 33

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

379. Best Buy discriminated against McKenzie because of his age in willful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating McKenzie's employment in 2004.

380.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against McKenzie, McKenzie has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

381. Best Buy discriminated against Noska because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Noska's employment in 2003.

382.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Noska, Noska has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

383.

Best Buy discriminated against Okins because of

his age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Okins' employment in 2004.

384.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Okins, Okins has suffered damages in an amount to be determined at trial,

-57-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 25 of 33

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

385.

Best Buy discriminated against Olund because of

his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Olund's employment in 2004.

386.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Olund, Olund has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

387.

Best Buy discriminated against Pettis because of

his age in willful violation of

the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Pettis' employment in 2003.

388.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Pettis, Pettis has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

389. Best Buy discriminated against Piao because of her age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Piao's employment in 2004.

-58-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 26 of 33

390.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Piao, Piao has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

391. Best Buy discriminated against Rabichev because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Rabichev's employment in 2004.

392.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Rabichev, Rabichev has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

393. Best Buy discriminated against Reinhart because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Reinhart's employment in 2004.

394.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Reinhart, Reinhart has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

-59-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 27 of 33

395. Best Buy discriminated against Shoemaker because of her age in willful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Shoemaker's employment in 2004.

396.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Shoemaker, Shoemaker has suffered damages in an amount to be

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

397. Best Buy discriminated against Smith because of his age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Smith's employment in 2004.

398.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Smith, Smith has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

399. Best Buy discriminated against Steuck because of her age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Steuck's employment in 2004.

400.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Steuck, Steuck has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

-60-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 28 of 33

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

401. Best Buy discriminated against Stoner because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Stoner's employment in 2004.

402.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Stoner, Stoner has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

403. Best Buy discriminated against Summers because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Summers' employment in 2003.

404.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Summers, Summers has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

405. Best Buy discriminated against V orobeychik because of her age in willful

violation of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or

practice of age discrimination and by terminating V orobeychik' s employment in 2003.

406.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against V orobeychik, V orobeychik has suffered damages in an amount to be

-61-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 29 of 33

determined at trial, including, but not limited to, lost salary, bonuses, and other forms of

compensation, lost retirement benefits, insurance benefits and other employee benefits, and

damages for mental anguish and suffering.

407. Best Buy discriminated against Walstrom because of his age in willful violation

of the ADEA and MHRA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Walstrom's employment in 2004.

408.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Walstrom, Walstrom has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

409. Best Buy discriminated against Winters because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Winters' employment in 2004.

410.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Winters, Winters has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

411. Best Buy discriminated against Yan because of her age in willful violation of the

ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of age

discrimination and by terminating Yan's employment in 2004.

-62-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 30 of 33

412.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Yan, Yan has suffered damages in an amount to be determined at trial,

including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

413. Best Buy discriminated against Zahradka because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Zahradka's employment in 2004.

414.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Zahradka, Zahradka has suffered damages in an amount to be determined

at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering.

415. Best Buy discriminated against Zhang because of his age in willful violation of

the ADEA and MHA by, among other things, engaging in the aforesaid pattern or practice of

age discrimination and by terminating Zhang's employment in 2004.

416.

As a direct and proximate result of

Best Buy's unlawful and willful age

discrimination against Zhang, Zhang has suffered damages in an amount to be determined at

trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost

retirement benefits, insurance benefits and other employee benefits, and damages for mental

anguish and suffering

417.

Best Buy also discriminated on the basis of age, in willful violation of

the ADEA

and MHRA, against each similarly situated person who may hereafter opt into this action, by

-63-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 31 of 33

engaging in the aforesaid pattern or practice of age discrimination and by terminating, demoting, forcing to retire or resign, or otherwise adversely effecting the employment of such persons. As a direct and proximate result thereof, each such person has suffered damages in an amount to be determined at trial, including, but not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits, insurance benefits and other employee benefits, and damages for mental anguish and suffering.
COUNT THREE AGE DISCRIMINATION - DISP ARA TE IMPACT

(Representative and Individual Claims)

418. Plaintiffs incorporate herein by reference paragraphs 1 through 417, above.

419. This is a representative action under 29 US.C. §§ 626(b) & (c) and 29 US.C.

§ 21 6(b) by the above-named Plaintiffs and other similarly situated persons who opt into this

action by fiing an appropriate notice, and an individual action under the ADEA and the MHA.

420. As set forth more fully above, Best Buy has utilized practices, policies and

procedures that have disparately impacted present and former employees of

Best Buy in the is

department and other departments or units, resulting in an unlawful pattern or practice of age

discrimination in violation of

the ADEA, 29 US.c. § 621, et seq., and in violation of

the

MHA, Minn. Stat.§ 363A.02, et seq.

421. The above-named Plaintiffs and others similarly situated were disparately

impacted by Best Buy's practices, policies and procedures, in violation of

the ADEA.

422. Each of the above-named Plaintiffs has been disparately impacted by Best Buy's

practices, policies and procedures, in violation of

the ADEA and the MHA.

-64-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 32 of 33

423. As a direct and proximate result of the aforesaid age discrimination by Best Buy,

each of the Plaintiffs has suffered damages in an amount to be determined at trial, including, but

not limited to, lost salary, bonuses, and other forms of compensation, lost retirement benefits,

insurance benefits and other employee benefits, and damages for mental anguish and suffering.

JURY DEMAND

424. The Plaintiffs demand a trial by jury.

WHREFORE, Plaintiffs request that the Court enter judgment in their favor and against

Best Buy as follows:

1.

Awarding each of

the Plaintiffs back pay and benefits, together with interest

thereon;

2. Restoring each of the Plaintiffs to positions comparable to the ones from which

they were terminated or demoted or, in lieu of reinstatement, awarding each Plaintiff front pay

and benefits for the period remaining until that person's expected retirement age;

3.

Awarding each of

the Plaintiffs liquidated damages pursuant to the ADEA in an

amount equal to that person's back pay and benefits award, together with interest thereon;

4.

Awarding each of

the Plaintiffs all other damages recoverable under the MHA,

including compensatory damages, damages for mental anguish and suffering, treble damages and

punitive damages;

5. For a declaration that the releases of age discrimination claims presented by Best

Buy to Plaintiffs and other similarly situated employees of

Best Buy are invalid as a matter of

law, and for appropriate injunctive relief;

6.

Awarding Plaintiffs attorneys fees and costs pursuant to 29 US.C. §§ 216(b) and

626(b); and Minn. Stat. § 363A.33, subd. 7;

-65-

Case 0:04-cv-04812-MJD-AJB Document 30 Filed 03/24/05 Page 33 of 33

7. Awarding Plaintiffs prejudgment interest and their costs and disbursements herein; and
8. Awarding Plaintiffs such other and further relief as the Court and/or the jury
deems equitable, appropriate and just.

Dated: March 24, 2005

GRAY PLANT MOOTY MOOTY & BENNTT, P.A.

GP:1686655 v2

s/Stephen 1. Snyder
Stephen 1. Snyder (#103019) 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 632-3000
Attorneys for Plaintiffs

-66-

 
 Case 0:04-cv-04812-MJD-AJB Document 32 Filed 04/04/05 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Verne A. Hall, et al., Plaintiffs,
vs. Best Buy Co., Inc. and Best Buy Enterprise Services, Inc.
Defendants.

)

)

Civil No. 04-4812 MJD/JGL

)

)

)

) ORDER REGARDING DEFENDANTS’

) MOTION TO DISMISS COUNT THREE

)

OF PLAINTIFFS’ AMENDED

)

COMPLAINT

)

)

)

Based on the parties’ Stipulation Regarding Amendment of Plaintiffs’ Amended

Complaint and Dismissal of Count III (OWBPA) (filed March 25, 2005; Docket No. 26) and on

Plaintiffs’ voluntary eliminati on of the count brought under the Older Workers’ Benefit

Protection Act (“OWBPA”) (Count III of Plaintiffs’ Amended Complaint (Docket Nos. 10 and

11)) in Plaintiffs’ Second Amended Complaint (Docket Nos. 30 and 31), the Court DENIES

Defendants’ Motion to Dismiss Count Three of Plaintiffs’ Amended Complaint as moot, and the

hearing previously set for that motion for April 15, 2005, is removed from the Court’s calendar.

Dated: April 4, 2005

s/ Michael J. Davis Michael J. Davis, District Judge

 
 Case 0:04-cv-04812-MJD-AJB Document 233 Filed 06/15/06 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

VERNE A. HALL, et al., Plaintiffs,

v.

BEST BUY COMPANY, INC. and BEST BUY ENTERPRISE SERVICES, INC.,

Defendants.

JEFFERY LOEB, v.

Plaintiff,

BEST BUY COMPANY, INC. and BEST BUY ENTERPRISE SERVICES, INC.,

Defendants.

ORDER Civil File No. 04-4812 (MJD/AJB)
Civil File No. 05-720 (MJD/AJB)

Stephen J. Snyder, Gray Plant, Mooty, Mooty & Bennett, P.A., Counsel for Plaintiffs.
David L. Shulman, Law Office of David L. Shulman, PLLC, Counsel for Plaintiff Jeffery Loeb.
Wood R. Foster, Jr., Siegel, Brill, Greupner, Duffy & Foster, P.A., Counsel for Optin Plaintiffs.
Janet C. Evans, Robins, Kaplan, Miller & Ciresi, L.L.P. Counsel for Defendants.

1

Case 0:04-cv-04812-MJD-AJB Document 233 Filed 06/15/06 Page 2 of 2
These two cases are related. In the interest of judicial economy, the Court HEREBY ORDERS that the case captioned Loeb v. Best Buy, No. 05-720 (MJD/AJB) be closed, and that Loeb become part of the main case, Hall et al. v. Best Buy, No. 04-4812 (MJD/AJB). The Pretrial Scheduling Order issued in Hall and the amendments thereto shall now apply to Loeb also.

Dated: June 15, 2006

s / Michael J. Davis
Michael J. Davis United States District Court

2

 
 Case 0:04-cv-04812-MJD-AJB Document 528 Filed 06/12/07 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

)

Verne A. Hall, et al.,

)

)

Plaintiffs,

)

)

vs.

)

)

Best Buy Co., Inc. and Best Buy Enterprise )

Services, Inc.

)

)

Defendants.

)

)

Civil No. 04-4812 MJD/AJB Order

Pursuant to the parties’ Stipulation for Dismissal with Prejudice, and all of the files, records, and proceedings herein, IT IS HEREBY ORDERED that the above-entitled action is dismissed with prejudice. Each party shall bear their own attorneys’ fees and costs.
Dated this 12th day of June, 2007. BY THE COURT:
s/Michael J. Davis Michael J. Davis United States District Court Judge

 
 Hall v. Best Buy Co., Inc., Not Reported in F.Supp.2d (2006)
2006 WL 5163009 Only the Westlaw citation is currently available.
United States District Court, D. Minnesota.
Verne A. HALL, et al., Plaintiffs, v.
BEST BUY COMPANY, INC. and Best Buy Enterprise Services, Inc., Defendants. Civil File No. 04-4812 (MJD/AJB). | Aug. 3, 2006.
Named Expert: Joseph B. Kadane Attorneys and Law Firms Craig A. Brandt, Jennifer J. Olson, Julie L. Boehmke, Laurie A. Knocke, Stephen J. Snyder, and Ugo A. Ukabam, Gray Plant Mooty Mooty & Bennett, PA Counsel for Plaintiffs. Jay B. Streitz, Siegel Brill Greupner Duffy & Foster, PA, Counsel for Opt-in Plaintiffs. David L. Shulman, Law Office of David L. Shulman PLLC, Counsel for Plaintiff Jeffrey Loeb. Charles O. Lentz, Janet C. Evans, Kari Thoe Crone, Kelly K. Pierce, Lisa L. Heller, Sara Anspach Poulos, Stacey P. Slaughter, and Joel A. Mintzer, Robins Kaplan Miller & Ciresi LLP, Counsel for Defendants. Opinion
ORDER MICHAEL J. DAVIS, District Court. *1 IT IS HEREBY ORDERED that Defendants’ Motion to Strike Revised Expert Statistical Report of Joseph B. Kadane [Doc. No. 311] is DENIED.
1

 
 Hall v. Best Buy Co.
United States District Court for the District of Minnesota August 11, 2006, Decided ; August 11, 2006, Filed Civil No. 04-4812 (MJD/AJB)

Reporter: 2006 U.S. Dist. LEXIS 56515 Verne A. Hall, Erik M. Jothen, Susan J. Aschenbeck, Donald P. Brennan, Roberta S. (Filler) Carlson, John J. Carney, FangPai Chen, Ronnie B. Clausen, David L. Draper, Gary L. Flemino, Debra Jean Foster, Linda K. Giles, Janice B. Hanson, Richard W. Hartmann, Paul O. Holtan, Andre M. Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F. Juergens, Glen A. Juntti, Sharon L. Kelly, Vladimir Kessler, Sally M. Kleiner, Randall S. Knox, Janet L. Lekson, LaRae L. Lemon, Shawn Xiao Liu, Esther G. Mazurek, Daniel J. McKenzie, Thomas M. Noska, Roy D. Okins, Richard David Olund, Gregory J. Pettis, Joy G. Piao, Boris L. Rabichev, Joy M. Reinhart, JoAnn Baird Shoemaker, Kent D. Smith, Lynette M. Steuck, Gregory K. Stoner, Billy S. Summers, Marina Vorobeychik, Richard L. Walstrom, Philip B. Winters, Hong Yan, Ernest R. Zahradka, Xianmin Shane Zhang, for and on behalf of themselves and other persons similarly situated, Plaintiffs v. Best Buy Co., Inc. and Best Buy Enterprise Services, Inc., Defendants
Prior History: Hall v. Best Buy Co., 2006 U.S. Dist. LEXIS 40235 (D. Minn., June 15, 2006)
Counsel: [*1] For Verne A Hall, Erik M Jothen, Susan J Aschenbeck, Donald P Brennan, Roberta S (Filler) Carlson, John J Carney, Fang-Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Personal representative for the estate of Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, for and on behalf of themselves and other persons similarly situated, Plaintiff: Craig A Brandt, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN; Jennifer J Olson, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN; Julie L Boehmke, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN; Laurie A Knocke, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN; [*2] Stephen J Snyder, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN; Ugo A Ukabam, Gray Plant Mooty Mooty & Bennett, PA, Mpls, MN.

For Thomas Aubrecht, Plaintiff: Jennifer J Olson, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN; Wood R Foster, Jr., Siegel Brill Greupner Duffy & Foster, PA, Mpls, MN.
For Edwin Boyd, Lance V. Commander, Steven Grooms, Edwin Horn, Craig Koehnen, Scott Landstrom, Douglas Neeser, Lori Santillo, Arlene Snyder, Sally VanBrocklin, William Wilde, Richard Woitte, Plaintiff: Jennifer J Olson, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN.
For Opt in Plaintiffs, Plaintiff: Jay B Streitz, Siegel Brill Greupner Duffy & Foster, PA, Mpls, MN; Jennifer J Olson, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN; Wood R Foster, Jr., Siegel Brill Greupner Duffy & Foster, PA, Mpls, MN.
For Jeffrey Loeb, Plaintiff: David L Shulman, Law Office of David L. Shulman, PLLC, Mpls, MN.
For Best Buy Company, Inc., Defendant: Charles O Lentz, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Janet C Evans, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Kari Thoe Crone, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Kelly K Pierce, [*3] Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Lisa L Heller, Robins Kaplan Miller & Ciresi LLP - GA, Atlanta, GA; Sara Anspach Poulos, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Stacey P Slaughter, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Joel A Mintzer, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN.
For Best Buy Enterprise Services Inc, Defendant: Janet C Evans, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Kari Thoe Crone, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Kelly K Pierce, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Lisa L Heller, Robins Kaplan Miller & Ciresi LLP - GA, Atlanta, GA; Sara Anspach Poulos, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Stacey P Slaughter, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN; Joel A Mintzer, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN.
For Best Buy Co., Inc., Defendant: Charles O Lentz, Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN.
Judges: Michael J. Davis, Judge of District Judge.

Opinion by: Michael J. Davis

2006 U.S. Dist. LEXIS 56515, *3

Page 2 of 2

Individual Age Discrimination Claims, and all of the file and

record in this action, IT IS HEREBY ORDERED that:

Opinion

1. Plaintiffs' motion is granted.

[PROPOSED] ORDER GRANTING LEAVE TO PLAINTIFFS TO SUBMIT ONE BRIEF IN RESPONSE TO DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT ON INDIVIDUAL [*4] AGE DISCRIMINATION CLAIMS
Based upon the written submissions in connection with Plaintiffs' Motion for Leave to File a Combined Response to Defendants' Motions for Partial Summary Judgment on

2. Plaintiffs may file a single memorandum of law in response to Defendants' six motions for partial summary judgment on individual age discrimination claims, which shall not exceed 75,000 words.
Dated: August 11, 2006
s/ Michael J. Davis
Judge of District Court

 
 CLOSED, CV, JYDMD, MAGAPP, PHV, PROTO, T7
U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:04−cv−04812−MJD−AJB

Hall et al v. Best Buy Company, Inc. et al Assigned to: Judge Michael J. Davis Referred to: Magistrate Judge Arthur J. Boylan Cause: 29:621 Job Discrimination (Age)
Plaintiff
Verne A Hall

Date Filed: 11/17/2004 Date Terminated: 06/12/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Craig A Brandt Gray Plant Mooty Mooty &Bennett, PA 80 S 8th St Ste 500 Mpls, MN 55402 612−632−3023 Fax: 612−632−4023 Email: craig.brandt@gpmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer J Olson Federal Reserve Bank of Minneapolis PO Box 291 Minneapolis, MN 55480−0291 612−204−5000 Fax: 612−204−5163 Email: jen.olson@mpls.frb.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julie L Boehmke Gray Plant Mooty Mooty &Bennett, PA 80 S 8th St Ste 500 Mpls, MN 55402 612−632−3018 Fax: 612−632−4018 Email: julie.boehmke@gpmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie A Knocke Gray Plant Mooty Mooty &Bennett, PA 80 S 8th St Ste 500 Mpls, MN 55402 612−632−3000 Fax: 612−632−4444 Email: laurie.knocke@gpmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen J Snyder Snyder &Snyder, PA 100 S 5th St Ste 410 Mpls, MN 55402 612−777−8401 Fax: 612−333−9116 Email: stephen.snyder@snyderattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Erik M Jothen
Plaintiff Susan J Aschenbeck

Ugo A Ukabam Gray Plant Mooty Mooty &Bennett, PA 80 S 8th St Ste 500 Mpls, MN 55402 612−632−3000 Fax: 612−632−4444 Email: ugo.ukabam@gpmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address)

Plaintiff Donald P Brennan
Plaintiff Roberta S (Filler) Carlson

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff John J Carney
Plaintiff Fang−Pai Chen

Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam

Plaintiff Ronnie B Clausen
Plaintiff David L Draper

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY

Plaintiff Gary L Flemino
Plaintiff Debra Jean Foster

ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Linda K Giles
Plaintiff Janice B Hanson
Plaintiff

represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard W Hartmann
Plaintiff Paul O Holtan
Plaintiff Audre M Hudson

represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address)

Plaintiff Oleg Ivanov
Plaintiff Vaughn Edwen James

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Hugh F Juergens
Plaintiff Glen A Juntti

Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson

Plaintiff Sharon L Kelly
Plaintiff Vladimir Kessler

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY

Plaintiff Sally M Kleiner
Plaintiff Randall S Knox

ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff LeRae L Lemon
Plaintiff Shawn Xiao Liu

Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address)

Plaintiff Esther G Mazurek
Plaintiff Daniel J McKenzie

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Thomas M Noska
Plaintiff Roy D Okins

Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke

Plaintiff Richard David Olund Personal representative for the estate of Richard David Olund
Plaintiff Gregory J Pettis

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY

Plaintiff Joy G Piao
Plaintiff Boris L Rabichev

ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Joy M Reinhart
Plaintiff JoAnn Baird Shoemaker

Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address)

Plaintiff Kent D Smith
Plaintiff Lynette M Steuck

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Gregory K Stoner
Plaintiff Billy S Summers

Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam

Plaintiff Marina Vorobeychik
Plaintiff Richard L Walstrom

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY

Plaintiff Philip B Winters
Plaintiff Ernest R Zahradka for and on behalf of themselves and other persons similarly situated

ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A Brandt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie L Boehmke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurie A Knocke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ugo A Ukabam (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Thomas Aubrecht
Plaintiff Edwin Boyd
Plaintiff Lance V. Commander
Plaintiff Steven Grooms
Plaintiff Edwin Hom
Plaintiff Craig Koehnen
Plaintiff Scott Landstrom
Plaintiff Douglas Neeser
Plaintiff

represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster, Jr. Siegel Brill Greupner Duffy &Foster, PA 100 Washington Ave S Ste 1300 Mpls, MN 55401 612−337−6100 Fax: 612−339−6591 Email: woodfoster@sbgdf.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lori Santillo
Plaintiff Arlene Snyder
Plaintiff Sally VanBrocklin
Plaintiff William Wilde
Plaintiff Richard Woitte
Plaintiff Kenneth Clarin TERMINATED: 01/12/2006 Plaintiff Opt in Plaintiffs
Plaintiff Jeffrey Loeb

represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kenneth Clarin PRO SE
represented by Jay B Streitz West Law School Publishing 610 Opperman Dr Eagan, MN 55123 651−848−9410 Email: jay.streitz@thomson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer J Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wood R Foster, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L Shulman Law Office of David L. Shulman PLLC 1005 Franklin Ave W Ste 3 Mpls, MN 55405 612−870−7410 Fax: 612−870−7462 Email: davidshulman@a−d−law.com

V. Defendant Best Buy Company, Inc.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles O Lentz Gray Plant Mooty Mooty &Bennett, PA 80 S 8th St Ste 500 Mpls, MN 55402 612−632−3363 Fax: 612−632−4363 Email: Charles.Lentz@gpmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janet C Evans Robins Kaplan Miller &Ciresi LLP 800 LaSalle Ave Ste 2800 Mpls, MN 55402−2015 612−349−8500 Fax: 612−339−4181 Email: jcevans@rkmc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kari Thoe Crone MN Court of Appeals 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 651−297−1000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly K Pierce Robins Kaplan Miller &Ciresi LLP 800 LaSalle Ave Ste 2800 Mpls, MN 55402−2015 612−349−0139 Fax: 612−339−4181 Email: kkpierce@rkmc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa L Heller Robins Kaplan Miller &Ciresi LLP 9500 Paces Ferry Rd NE Ste 2600 Atlanta, GA 30326−1119 404−760−4600 Email: llheller@rkmc.com TERMINATED: 03/21/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara Anspach Poulos Robins Kaplan Miller &Ciresi LLP 800 LaSalle Ave Ste 2800 Mpls, MN 55402−2015 612−349−8500 Fax: 612−339−4181 Email: sapoulos@rkmc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Best Buy Enterprise Services Inc

Defendant Best Buy Co., Inc.

Date Filed #

Docket Text

Stacey P Slaughter Robins Kaplan Miller &Ciresi LLP 800 LaSalle Ave Ste 2800 Mpls, MN 55402−2015 (612) 349−8289 Fax: (612) 339−4181 Email: spslaughter@rkmc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joel A Mintzer Robins Kaplan Miller &Ciresi LLP 800 LaSalle Ave Ste 2800 Mpls, MN 55402−2015 612−349−8500 Fax: 612−339−4181 Email: jamintzer@rkmc.com ATTORNEY TO BE NOTICED
represented by Janet C Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kari Thoe Crone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kelly K Pierce (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa L Heller (See above for address) TERMINATED: 03/21/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara Anspach Poulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stacey P Slaughter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joel A Mintzer (See above for address) ATTORNEY TO BE NOTICED
represented by Charles O Lentz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

11/17/2004
11/17/2004 11/22/2004 11/22/2004 12/03/2004 12/03/2004
12/03/2004 12/06/2004 12/08/2004 12/08/2004 12/23/2004

1 COMPLAINT with jury demand against Best Buy Company, Inc., Best Buy Enterprise Services Inc , filed by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Donald P Brennan. Assigned to Judge Michael J. Davis per Individual Civil Rights (T7) list and referred to Chief Mag. Judge Jonathan G. Lebedoff, rcpt. no. 277873, (Filing fee $ 150.) (Attachments: # 1 Civil Cover Sheet)(DFL) (Entered: 11/17/2004)
Summons Issued as to Best Buy Company, Inc., Best Buy Enterprise Services Inc. (DFL) (Entered: 11/17/2004)
2 AFFIDAVIT of Service by Verne A Hall re 1 Complaint,,,,, Summons Issued Plaintiffs' Affidavit of Service for Best Buy Company, Inc. (Snyder, Stephen) (Entered: 11/22/2004)
3 AFFIDAVIT of Service by Verne A Hall re 1 Complaint,,,,, Summons Issued Plaintiffs' Affidavit of Service on Best Buy Enterprise Services, Inc. (Snyder, Stephen) (Entered: 11/22/2004)
4 RULE 7.1 DISCLOSURE STATEMENT of Best Buy Enterprise Services, Inc.; Best Buy Co., Inc.. (Evans, Janet) (Entered: 12/03/2004)
5 STIPULATION for an Extension of Time to Answer or Otherwise Respond by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 12/03/2004)
6 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 4 Rule 7.1 − Disclosure Statement, 5 Stipulation,,, (Evans, Janet) (Entered: 12/03/2004)
7 ORDER REGARDING AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND re 5 Stipulation. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 12/06/04. (JLB) (Entered: 12/06/2004)
8 NOTICE of Appearance by Stephen J Snyder on behalf of all plaintiffs (Snyder, Stephen) (Entered: 12/08/2004)
9 CERTIFICATE OF SERVICE by Roberta S (Filler) Carlson re 8 Notice of Appearance on behalf of plaintiffs (Snyder, Stephen) (Entered: 12/08/2004)
10 AMENDED COMPLAINT of Plaintiffs (Part 1 of 2 − pp 1−30) against all defendants, filed by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner,

12/23/2004
12/23/2004
01/10/2005 01/10/2005 01/10/2005 01/10/2005 01/13/2005 01/19/2005 01/19/2005 01/31/2005

Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Donald P Brennan.(Snyder, Stephen) (Entered: 12/23/2004)
11 AMENDED COMPLAINT of Plaintiffs (Part 2 of 2 − pp 31−65) against all defendants, filed by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Donald P Brennan.(Snyder, Stephen) (Entered: 12/23/2004)
12 CERTIFICATE OF SERVICE by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Donald P Brennan re 10 Amended Complaint,,,, 11 Amended Complaint,,, (Snyder, Stephen) (Entered: 12/23/2004)
13 ANSWER to Amended Complaint Part 1, ANSWER to Amended Complaint Part 2 by Best Buy Company, Inc., Best Buy Enterprise Services Inc.(Mintzer, Joel) (Entered: 01/10/2005)
14 MOTION to Dismiss Count Three of Plaintiffs' Amended Complaint by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 01/10/2005)
15 MEMORANDUM in Support re 14 MOTION to Dismiss Count Three of Plaintiffs' Amended Complaint filed by all defendants. (Mintzer, Joel) (Entered: 01/10/2005)
16 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 13 Answer to Amended Complaint,, 14 MOTION to Dismiss Count Three of Plaintiffs' Amended Complaint, 15 Memorandum in Support of Motion (Mintzer, Joel) (Entered: 01/10/2005)
17 Notice of Pretrial Conference. Pretrial Conference set for 2/14/2005 11:15 AM in In Chambers, Suite 9E, Hearing before Chief Mag. Judge Jonathan G Lebedoff.Signed by Chief Magistrate Judge Jonathan G Lebedoff on 1/13/05. (LJD) (Entered: 01/13/2005)
18 NOTICE of Hearing on Motion 14 MOTION to Dismiss Count Three of Plaintiffs' Amended Complaint: Motion Hearing set for 3/23/2005 09:00 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Mintzer, Joel) (Entered: 01/19/2005)
19 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 18 Notice of Hearing on Motion (Mintzer, Joel) (Entered: 01/19/2005)
20 NOTICE of Hearing on Motion. 14 MOTION to Dismiss Count Three of Plaintiffs' Amended Complaint. Motion Hearing has been rescheduled to 4/15/2005 at 9:00 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (dch) (Entered: 01/31/2005)

02/01/2005 02/09/2005 02/14/2005
02/15/2005 02/15/2005 03/24/2005 03/24/2005 03/24/2005 03/24/2005 03/24/2005 03/24/2005 04/04/2005 04/11/2005 04/11/2005 04/11/2005
04/11/2005 04/12/2005

21 NOTICE by Verne A Hall Consent of Xianmin Shane Zhang to Become a Party Plaintiff (Brandt, Craig) (Entered: 02/01/2005)
22 REPORT Plaintiffs' and Defendants' Joint Rule 26(f) Report by Susan J Aschenbeck. (Knocke, Laurie) (Entered: 02/09/2005)
23 PRETRIAL ORDER: Amended Pleadings due by 8/31/2005. Discovery due by 1/31/2006. Motions (non−disp) due 2/15/2006. Motions (disp) due by 7/15/2006. Ready for trial due by 10/1/2006. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 2/14/05. (JLB) (Entered: 02/14/2005)
24 NOTICE by Verne A Hall Notice of Filing of Consents to Become Party Plaintiffs (Brandt, Craig) (Entered: 02/15/2005)
25 NOTICE by Verne A Hall re 24 Notice (Other) Plaintiffs' Consents to Become a Party Plaintiff (Brandt, Craig) (Entered: 02/15/2005)
26 STIPULATION Regarding Amendment of Plaintiffs' Amended Complaint and Dismissal of Count III (OWBPA) by Verne A Hall. (Snyder, Stephen) (Entered: 03/24/2005)
27 EXHIBIT re 26 Stipulation Regarding Amendment of Plaintiffs' Amended Complaint by Verne A Hall. (Snyder, Stephen) (Entered: 03/24/2005)
28 EXHIBIT re 26 Stipulation, 27 Exhibit Regarding Amendment of Plaintiffs' Amended Complaint (2 of 2) by Verne A Hall. (Snyder, Stephen) (Entered: 03/24/2005)
29 AMENDED COMPLAINT (Second Amended) against all defendants, filed by Verne A Hall.(Snyder, Stephen) (Entered: 03/24/2005)
30 AMENDED COMPLAINT (Second Amended − Part 2 of 2) against all defendants, filed by Verne A Hall.(Snyder, Stephen) (Entered: 03/24/2005)
31 CERTIFICATE OF SERVICE by Verne A Hall re 29 Amended Complaint, 30 Amended Complaint (Second Amended Complaint) (Snyder, Stephen) (Entered: 03/24/2005)
32 ORDER denying 14 Defendants' Motion to Dismiss Count Three of Plaintiffs' Amended Complaint. Signed by Judge Michael J Davis on 04/04/2005. (SMS) (Entered: 04/04/2005)
33 Answer to Plaintiffs' Second Amended Complaint, ANSWER to Amended Complaint, ANSWER to Amended Complaint by Best Buy Company, Inc., Best Buy Enterprise Services Inc.(Evans, Janet) (Entered: 04/11/2005)
34 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 33 Answer to Amended Complaint, (Evans, Janet) (Entered: 04/11/2005)
35 STIPULATION for a Protective Order to Protect Confidential Information by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 04/11/2005)
36 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 35 Stipulation,,, (Evans, Janet) (Entered: 04/11/2005)
37 PROTECTIVE ORDER re: Stipulation 35 filed 4/11/05. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 4/12/05. (RJL) (Entered: 04/12/2005)

04/28/2005
04/28/2005 04/29/2005 05/02/2005 05/05/2005 05/05/2005 05/05/2005 05/05/2005
05/05/2005
05/05/2005
05/05/2005 05/13/2005 05/13/2005
05/13/2005 05/13/2005 05/13/2005 05/13/2005

38 STIPULATION re 23 Scheduling Order, Joint Stipulation for an Order Amending the Pretrial Order by all plaintiffs, Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Snyder, Stephen) Modified filers and text on 4/29/2005 (akl). (Entered: 04/28/2005)
39 CERTIFICATE OF SERVICE by Verne A Hall re 38 Stipulation (Snyder, Stephen) (Entered: 04/28/2005)
40 CERTIFICATE OF SERVICE by Verne A Hall re 38 Stipulation relating to the Joint Stipulation for an Order Amending the Pretrial Order (Snyder, Stephen) (Entered: 04/29/2005)
41 ORDER re 38 Stipulation filed by Best Buy Company, Inc., Verne A Hall, Best Buy Enterprise Services Inc. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 5/2/05. (RJL) (Entered: 05/02/2005)
42 MOTION to Compel Discovery by Verne A Hall. (Knocke, Laurie) (Entered: 05/05/2005)
43 NOTICE of Hearing on Motion 42 MOTION to Compel Discovery: Motion Hearing set for 5/20/2005 08:30 AM in Minneapolis − Courtroom 9E before Chief Mag. Judge Jonathan G Lebedoff. (Knocke, Laurie) (Entered: 05/05/2005)
44 CERTIFICATE of Counsel re 42 MOTION to Compel Discovery, 43 Notice of Hearing on Motion Rule 37.1 Certification by Laurie A Knocke on behalf of Verne A Hall. (Knocke, Laurie) (Entered: 05/05/2005)
45 MEMORANDUM in Support re 42 MOTION to Compel Discovery (placeholder − filed under seal) filed by Verne A Hall. SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 5/5/05. (Knocke, Laurie) Modified text on 5/9/2005 (akl). (Entered: 05/05/2005)
46 AFFIDAVIT of Deborah M. Norvold in SUPPORT OF 42 MOTION to Compel Discovery filed by Verne A Hall. (Attachments: # 1) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 5/5/05. (Knocke, Laurie) Modified text on 5/9/2005 (akl). (Entered: 05/05/2005)
47 CERTIFICATE OF SERVICE by Verne A Hall re 42 MOTION to Compel Discovery, 43 Notice of Hearing on Motion, 44 Certificate of Counsel, 45 Memorandum in Support of Motion, 46 Affidavit in Support of Motion (Knocke, Laurie) (Entered: 05/05/2005)
48 CERTIFICATE OF SERVICE by Verne A Hall re 42 MOTION to Compel Discovery /Proposed Order (Knocke, Laurie) (Entered: 05/05/2005)
49 MEMORANDUM in Opposition re 42 MOTION to Compel Discovery filed by all defendants. (Mintzer, Joel) (Entered: 05/13/2005)
50 DECLARATION of Joel A. Mintzer in support to 49 Memorandum in Opposition to Motion filed by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C−I)(Mintzer, Joel) Modified title on 5/13/2005 (gjs). (Entered: 05/13/2005)
51 Declaration of Valerie Raatz in Support of 49 Memorandum in Opposition to Motion filed by all defendants. (Mintzer, Joel) (Entered: 05/13/2005)
52 Declaration of Robert A. Willett in Support of 49 Memorandum in Opposition to Motion filed by all defendants. (Mintzer, Joel) (Entered: 05/13/2005)
53 Declaration of John C. Walden in Support of 49 Memorandum in Opposition to Motion filed by all defendants. (Mintzer, Joel) (Entered: 05/13/2005)
54 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 52 Declaration in Support, 53 Declaration in Support, 49 Memorandum in Opposition to Motion, 50 Declaration in Support, 51 Declaration in Support (Mintzer, Joel) Modified on 5/13/2005 (gjs). (Entered: 05/13/2005)

05/20/2005 05/26/2005 06/03/2005
06/03/2005 06/13/2005 06/20/2005
06/20/2005 06/21/2005 06/27/2005 08/01/2005

55 Minute Entry for proceedings held before Chief Magistrate Judge Jonathan G Lebedoff : Motion Hearing held on 5/20/2005 re 42 MOTION to Compel Discovery filed by Verne A Hall. Order to be issued. (jam) (Entered: 05/20/2005)
56 ORDER granting in part and denying in part 42 Motion to Compel Discovery. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 5/26/05. (RJL) (Entered: 05/27/2005)
57 STIPULATION Regarding Outstanding Discovery by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 06/03/2005)
58 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 57 Stipulation,,, (Mintzer, Joel) (Entered: 06/03/2005)
59 ORDER re 57 Stipulation regarding Outstanding Discovery, filed by all plaintiffs and defendants. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 6/13/05. (RJL) (Entered: 06/13/2005)
60 STIPULATION REGARDING DOCUMENT PRODUCTION DEADLINE by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Crone, Kari) (Entered: 06/20/2005)
61 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 60 Stipulation,,, (Crone, Kari) (Entered: 06/20/2005)
62 ORDER re 60 Stipulation, filed by all Parties, re: Defendant's shall have an extension until 6/30/05, to produce those documents referenced in the Stipulation regarding document production deadline dated 6/20/05. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 6/21/05. (RJL) (Entered: 06/22/2005)
63 TRANSCRIPT of Plaintiff's motion to compel discovery held on 5/20/05 before Judge Jonathan G. Lebedoff. Court Reporter: Lisa M. Thorsgaard. (41pgs) FILED CONVENTIONALLY (MKC) (Entered: 06/27/2005)
64 STIPULATION Joint Stipulation for An Order to Amend the Pretrial Order by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Joy G Piao, Boris L Rabichev, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Donald P Brennan. (Snyder, Stephen) (Entered: 08/01/2005)

08/02/2005 08/02/2005 08/02/2005 08/02/2005 08/02/2005 08/02/2005 08/02/2005 08/11/2005 08/11/2005 08/11/2005
08/11/2005
08/11/2005 08/11/2005 08/11/2005 08/11/2005 08/11/2005

65 ORDER TO AMEND THE PRETRIAL ORDER re 64 Stipulation, filed by all parties. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 8/2/05. (RJL) (Entered: 08/02/2005)
66 MOTION for Protective Order by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1)(Evans, Janet) (Entered: 08/02/2005)
67 NOTICE of Hearing on Motion 66 MOTION for Protective Order: Motion Hearing set for 8/25/2005 09:00 AM in Minneapolis − Courtroom 9E before Chief Mag. Judge Jonathan G Lebedoff. (Evans, Janet) (Entered: 08/02/2005)
68 MEMORANDUM in Support re 66 MOTION for Protective Order filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 08/02/2005)
69 Declaration of Joel A. Mintzer in Support of 66 MOTION for Protective Order filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit Exhibits A−F)(Evans, Janet) (Entered: 08/02/2005)
70 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 69 Declaration in Support, 66 MOTION for Protective Order, 67 Notice of Hearing on Motion, 68 Memorandum in Support of Motion (Evans, Janet) (Entered: 08/02/2005)
71 ORDER for Reassignment of Related Cases that Case No. 05−720 be assigned to Judge Michael J Davis nunc pro tunc. Signed by Judge Michael J Davis on 7/29/05 and Judge John R Tunheim on 8/2/05. (LJG) Modified on 8/5/2005 (LJG). (Entered: 08/05/2005)
72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
73 NOTICE of Hearing on Motion 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery: Motion Hearing set for 8/25/2005 09:00 AM in Minneapolis − Courtroom 9E before Chief Mag. Judge Jonathan G Lebedoff. (Knocke, Laurie) (Entered: 08/11/2005)
74 MEMORANDUM in Support re 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery (placeholder − document filed under seal) filed by all plaintiffs. (Knocke, Laurie)SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 8/11/05. Modified on 8/17/2005 (mkc). (Entered: 08/11/2005)
75 AFFIDAVIT of Julie L. Boehmke in SUPPORT OF 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery (placeholder − document filed under seal) filed by all plaintiffs. (Knocke, Laurie)SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 8/11/05. Modified on 8/17/2005 (mkc). (Entered: 08/11/2005)
76 EXHIBIT re 75 Affidavit in Support of Motion (placeholder − Ex. A filed under seal) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
77 EXHIBIT re 75 Affidavit in Support of Motion (placeholder − Ex. B filed under seal) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
78 EXHIBIT re 75 Affidavit in Support of Motion (placeholder − Ex. C filed under seal) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
79 EXHIBIT re 75 Affidavit in Support of Motion (placeholder − Ex. D filed under seal) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
80 EXHIBIT re 75 Affidavit in Support of Motion (placeholder − Ex. E filed under seal) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)

08/11/2005 08/11/2005 08/11/2005 08/11/2005 08/11/2005 08/11/2005 08/11/2005 08/11/2005
08/11/2005 08/12/2005 08/16/2005 08/16/2005 08/17/2005 08/18/2005 08/18/2005
08/18/2005 08/18/2005 08/18/2005 08/18/2005

81 EXHIBIT re 75 Affidavit in Support of Motion (placeholder − Ex. DD filed under seal) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
82 EXHIBIT re 75 Affidavit in Support of Motion (placeholder − Ex. EE filed under seal) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
83 EXHIBIT re 75 Affidavit in Support of Motion (Exhibits A−J) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
84 EXHIBIT re 75 Affidavit in Support of Motion (Exhibits K−M) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
85 EXHIBIT re 75 Affidavit in Support of Motion (Exhibits N−P) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
86 EXHIBIT re 75 Affidavit in Support of Motion (Exhibits Q−X) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
87 EXHIBIT re 75 Affidavit in Support of Motion (Exhibits Y−EE) by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
88 CERTIFICATE OF COMPLIANCE WITH LR 37.1 re: 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery filed by Verne A Hall, by Verne A Hall filed by Verne A Hall. (Knocke, Laurie) (Entered: 08/11/2005)
89 CERTIFICATE OF SERVICE by Verne A Hall re 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery (Knocke, Laurie) (Entered: 08/11/2005)
90 CERTIFICATE OF SERVICE by Verne A Hall re 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery (Proposed Order) (Knocke, Laurie) (Entered: 08/12/2005)
91 STIPULATION for an Order to Amend the Pretrial Order (Joint) by Verne A Hall. (Brandt, Craig) (Entered: 08/16/2005)
92 CERTIFICATE OF SERVICE by Verne A Hall re 91 Stipulation /Proposed Order to Amend the Pretrial Order (Brandt, Craig) (Entered: 08/16/2005)
93 ORDER re 91 Stipulation filed by Verne A Hall. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 8/17/05. (RJL) (Entered: 08/17/2005)
94 MEMORANDUM in Opposition re 66 MOTION for Protective Order filed by Verne A Hall. (Brandt, Craig) (Entered: 08/18/2005)
95 DECLARATION of Craig A. Brandt in Opposition to 66 MOTION for Protective Order filed by Verne A Hall. (Attachments: # 1)(Brandt, Craig) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 8/18/05. (JLV) (Entered: 08/18/2005)
96 CERTIFICATE OF SERVICE by Verne A Hall re 94 Memorandum in Opposition to Motion, 95 Declaration in Opposition to Defendants' Motion for Protective Order (Brandt, Craig) (Entered: 08/18/2005)
97 MEMORANDUM in Opposition re 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery filed by all defendants. (Mintzer, Joel) (Entered: 08/18/2005)
98 Declaration of Joel A. Mintzer in Support of 97 Memorandum in Opposition to Motion filed by all defendants. (Attachments: # 1 Exhibit A−C)(Mintzer, Joel) (Entered: 08/18/2005)
99 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 97 Memorandum in Opposition to Motion, 98 Declaration in Support (Mintzer, Joel) (Entered: 08/18/2005)

08/22/2005 08/22/2005 08/23/2005 08/25/2005
09/01/2005
09/01/2005
09/06/2005 09/07/2005 09/21/2005 09/21/2005 09/21/2005 09/23/2005
09/26/2005 09/26/2005

100 STIPULATION (Joint) for an Order Authorizing the Issuance of Notice Pursuant to Hoffman−La Roche, Inc. v. Sperling, 493 U.S. 165 (1989) by Verne A Hall. (Brandt, Craig) (Entered: 08/22/2005)
101 EXHIBIT re 100 Stipulation Amended Exhibit B by Verne A Hall. (Brandt, Craig) (Entered: 08/22/2005)
102 ORDER re 100 Stipulation filed by Verne A Hall. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 8/23/05. (RJL) (Entered: 08/23/2005)
103 Minute Entry for proceedings held before Chief Magistrate Judge Jonathan G Lebedoff : Motion Hearing held on 8/25/2005 re 66 MOTION for Protective Order filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 72 MOTION to Compel Compliance with this Court's Order of May 26, 2005, and to Compel Discovery filed by Verne A Hall,. Order to be issued. (RJL) (Entered: 08/25/2005)
104 Minute ORDER for proceedings held before Chief Magistrate Judge Jonathan G Lebedoff : Conference Call held on 9/1/2005. Any transcript of 8/25/05 motion hearing must be sought by a party to the case and shall be sealed upon filing with the Clerk of Court. No copies will be disbursed to any non−parties without specific order of the Court. (RJL) (Entered: 09/01/2005)
TEXT ENTRY ONLY−CLERK`S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. The Clerk of Court is directed to reassign the Magistrate Judge in this case. Case is reassigned to Magistrate Judge Arthur J Boylan for all further proceedings (4:05AD1071). In addition, any proceedings currently scheduled before the transferring Magistrate Judge will proceed in front of that Judge, unless directed otherwise. If you have questions regarding this assignment, please direct your inquiries to Kathy Thobe at #651−848−1210. Please note: the new case number is 0:04−cv−04812. Please use this case number on your pleadings. Chief Magistrate Judge Jonathan G Lebedoff no longer assigned to case. Signed by Clerk Richard D Sletten on 9/1/05. (JGG) (Entered: 09/01/2005)
105 LETTER from Chief Magistrate Judge Jonathan G. Lebedoff to Neil Johnson re: transcipt request. (RJL) (Entered: 09/06/2005)
106 ORDER granting 66 Motion for Protective Order, granting in part and denying in part 72 Motion to Compel. Signed by Chief Magistrate Judge Jonathan G Lebedoff on 9/7/05. (JLB) (Entered: 09/07/2005)
107 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 106 Order on Motion for Protective Order, Order on Motion to Compel (Snyder, Stephen) (Entered: 09/21/2005)
108 Memorandum in support of Appeal from Magistrate's order by Verne A Hall. (Snyder, Stephen)SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/21/05 Modified on 9/22/2005 (mkc). (Entered: 09/21/2005)
109 CERTIFICATE OF SERVICE by Verne A Hall re 107 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 106 Order on Motion for Protective Order, Order on Motion to Compel, 108 Appellant's Brief (Snyder, Stephen) (Entered: 09/21/2005)
112 SEALED TRANSCRIPT of Tape Recorded Hearing held on 8/25/05 before Chief Magistrate Judge Jonathan G. Lebedoff. Court Reporter: Lisa M. Thorsgaard. (12pgs) FILED UNDER SEAL PER DOC 105 − FILED CONVENTIONALLY (akl) Modified TEXT on 10/3/2005 to identify as filed under seal (JVN). (Entered: 09/28/2005)
110 MOTION for Admission Pro Hac Vice for Lisa L. Heller by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 09/26/2005)
111 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 110 MOTION for Admission Pro Hac Vice for Lisa L. Heller (Evans, Janet) (Entered: 09/26/2005)

09/26/2005
10/05/2005
10/05/2005 10/05/2005
10/05/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/12/2005 10/28/2005

TEXT ONLY ENTRY − ORDER granting 110 Motion for Admission Pro Hac Vice of Attorney Lisa L Heller for Best Buy Company, Inc. and Best Buy Enterprise Services Inc. Fee paid; receipt number 287220. Approved by Clerk Richard D Sletten on 9/26/05. (MMC) (Entered: 09/27/2005)
113 MEMORANDUM by all defendants re 107 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 106 Order on Motion for Protective Order, Order on Motion to Compel FILED UNDER SEAL filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/5/05 Modified on 10/6/2005 (mkc). (Entered: 10/05/2005)
114 Declaration of Kari Thoe Crone in Support of 113 Memorandum, filed by all defendants. (Attachments: # 1 Exhibit A−C)(Evans, Janet) (Entered: 10/05/2005)
115 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 113 Memorandum,, 114 Declaration in Support (Evans, Janet) (Entered: 10/05/2005)
116 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 113 Memorandum, (Evans, Janet) (Entered: 10/05/2005)
117 NOTICE of Appearance by Wood R Foster, Jr on behalf of all plaintiffs (Foster, Wood) (Entered: 10/12/2005)
118 NOTICE by Thomas Aubrecht to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
119 NOTICE by Edwin Boyd to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
120 NOTICE by Lance V. Commander to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
121 NOTICE by Steven Grooms to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
122 NOTICE by Edwin Hom to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
123 NOTICE by Craig Koehnen to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
124 NOTICE by Scott Landstrom to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
125 NOTICE by Douglas Neeser to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
126 NOTICE by Lori Santillo to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
127 NOTICE by Arlene Snyder to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
128 NOTICE by Sally VanBrocklin to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
129 NOTICE by William Wilde to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
130 NOTICE by Richard Woitte to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
131 NOTICE by Kenneth Clarin to Opt In as Plaintiff (Foster, Wood) (Entered: 10/12/2005)
132 ORDER AFFIRMING 106 Order on Motion for Protective Order, Order on Motion to Compel(Written Opinion). Signed by Judge Michael J Davis on 10/28/2005. (SMS) (Entered: 10/28/2005)

10/28/2005 10/28/2005 01/05/2006 01/05/2006 01/11/2006 01/11/2006 01/12/2006 01/13/2006
01/19/2006 01/19/2006 01/19/2006
01/19/2006
01/19/2006 01/19/2006 01/20/2006 01/25/2006

133 AMENDED ANSWER to Plaintiffs' Second 29 Amended Complaint, 30 Amended Complaint With Opt In Plaintiffs by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 10/28/2005)
134 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 133 Amended Answer to Complaint (Evans, Janet) (Entered: 10/28/2005)
135 STIPULATION of Substitution of a Party, Pursuant to Fed. R. Civ. P. 25(a)(1) by Verne A Hall. (Attachments: # 1 Certificate of Service)(Knocke, Laurie) (Entered: 01/05/2006)
136 CERTIFICATE OF SERVICE by Verne A Hall re 135 Stipulation [Proposed] Order Substituting a Party (Knocke, Laurie) (Entered: 01/05/2006)
137 STIPULATION Concering Withdrawal of Claims by Opt−In Plaintiff Kenneth Clarin by Opt in Plaintiffs. (Foster, Wood) (Entered: 01/11/2006)
138 CERTIFICATE OF SERVICE by Opt in Plaintiffs re 137 Stipulation Concerning Withdrawal of Opt−In Plaintiff Kenneth Clarin (Foster, Wood) (Entered: 01/11/2006)
139 ORDER Dismissing Opt−In Plaintiff Kenneth Clarin's Claims(Written Opinion). Signed by Judge Michael J Davis on 01/12/2006. (SMS) (Entered: 01/12/2006)
140 ORDER SUBSTITUTING A PARTY, PURSUANT TO FED. R. CIV. P. 25(a)(1) re 135 Stipulation filed by Verne A Hall. The Court hereby grants the parties' request to substitute the personal representative of the estate of Richard David Olund for all surviving claims of Richard David Olund. Signed by Magistrate Judge Arthur J Boylan on 1/13/06. (JLB) (Entered: 01/13/2006)
141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order by Verne A Hall. (Attachments: # Rule 37 Statement (1))(Knocke, Laurie) Modified text on 1/20/2006 (RJL). (Entered: 01/19/2006)
142 NOTICE OF HEARING ON MOTION 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order: Motion Hearing set for 2/7/2006 02:30 PM in St Paul − Courtroom 5 before Magistrate Judge Arthur J Boylan. (Knocke, Laurie) (Entered: 01/19/2006)
143 MEMORANDUM in Support re 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order Placeholder − Document Filed Under Seal filed by Verne A Hall. SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE ON 1/19/06. (Knocke, Laurie) Modified on 1/25/2006 (akl). (Entered: 01/19/2006)
144 AFFIDAVIT of Jennifer J. Olson in SUPPORT OF 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order filed by Verne A Hall. (Attachments: # 1 Exs. A−J# 2 Exs. K−N# 3 Exs. O−V) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 1/19/06. (Knocke, Laurie) Modified on 1/25/2006 (akl). (Entered: 01/19/2006)
145 CERTIFICATE OF SERVICE by Verne A Hall re 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order, 142 Notice of Hearing on Motion,, 143 Memorandum in Support of Motion, 144 Affidavit in Support of Motion (Knocke, Laurie) (Entered: 01/19/2006)
146 EXHIBIT re 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order, 144 Affidavit in Support of Motion Ex. M to Affidavit of Jennifer J. Olson by Verne A Hall. (Knocke, Laurie) (Entered: 01/19/2006)
147 AMENDED NOTICE of Hearing on Motion 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order: Motion Hearing set for 2/8/2006 02:30 PM in St Paul − Courtroom 5 before Magistrate Judge Arthur J Boylan. (Attachments: # 1)(Knocke, Laurie) (Entered: 01/20/2006)
148 MOTION for Protective Order by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1 # 2

01/25/2006 01/25/2006 01/25/2006 01/25/2006 01/25/2006
01/25/2006
01/25/2006 01/25/2006 01/25/2006
01/25/2006 01/25/2006
01/25/2006
01/30/2006

LR7.1 Word Count Compliance Certificate)(Poulos, Sara) (Entered: 01/25/2006)
149 NOTICE OF HEARING ON MOTION 148 MOTION for Protective Order: Motion Hearing set for 2/8/2006 02:30 PM in St Paul − Courtroom 5 before Magistrate Judge Arthur J Boylan. (Poulos, Sara) (Entered: 01/25/2006)
150 MEMORANDUM in Support re 148 MOTION for Protective Order filed by all defendants. (Poulos, Sara) (Entered: 01/25/2006)
151 Declaration of Bradbury Anderson in Support of 148 MOTION for Protective Order filed by all defendants. (Poulos, Sara) (Entered: 01/25/2006)
152 Declaration of Robert A. Willett in Support of 148 MOTION for Protective Order filed by all defendants. (Poulos, Sara) (Entered: 01/25/2006)
153 Declaration of Gayle M. Parish in Support of 148 MOTION for Protective Order filed by all defendants. (Attachments: # 1 Exhibit A−D# 2 Exhibit E−J# 3 Exhibit K−T# 4 Exhibit U# 5 Exhibit V−AA) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 1/25/06. (Poulos, Sara) Modified text on 2/2/2006 (akl). (Entered: 01/25/2006)
154 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 148 MOTION for Protective Order, 149 Notice of Hearing on Motion, 150 Memorandum in Support of Motion, 151 Declaration in Support, 152 Declaration in Support, 153 Declaration in Support (Poulos, Sara) (Entered: 01/25/2006)
155 MOTION to Compel Discovery of Electronic Documents in Native Format by Verne A Hall. (Brandt, Craig) (Entered: 01/25/2006)
156 NOTICE OF HEARING ON MOTION 155 MOTION to Compel Discovery of Electronic Documents in Native Format: Motion Hearing set for 2/8/2006 02:30 PM in St Paul − Courtroom 5 before Magistrate Judge Arthur J Boylan. (Brandt, Craig) (Entered: 01/25/2006)
157 MEMORANDUM in Support re 155 MOTION to Compel Discovery of Electronic Documents in Native Format PLACEHOLDER − original conventionally filed under seal filed by Verne A Hall. SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 1/25/06. (Brandt, Craig) Modified on 2/2/2006 (akl). (Entered: 01/25/2006)
158 AFFIDAVIT of Laurie A. Knocke in SUPPORT OF 155 MOTION to Compel Discovery of Electronic Documents in Native Format filed by Verne A Hall. (Brandt, Craig) (Entered: 01/25/2006)
159 AFFIDAVIT of Craig A. Brandt in SUPPORT OF 155 MOTION to Compel Discovery of Electronic Documents in Native Format filed by Verne A Hall. (Attachments: # 1 Exhibit 1−14# 2 Exhibit 15−30# 3 Exhibit 31, 32 (part 1 of 2)# 4 Exhibit 32 (part 2 of 2) and 33) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 1/25/06. (Brandt, Craig) Modified on 2/2/2006 (akl). (Entered: 01/25/2006)
160 CERTIFICATE OF SERVICE by Verne A Hall re 155 MOTION to Compel Discovery of Electronic Documents in Native Format, 156 Notice of Hearing on Motion, 157 Memorandum in Support of Motion, 158 Affidavit in Support of Motion, 159 Affidavit in Support of Motion, (Brandt, Craig) (Entered: 01/25/2006)
161 STIPULATION for an Order to Amend the Pretrial Order by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Thomas Aubrecht, Edwin Boyd, Lance V. Commander, Steven Grooms, Joy G Piao, Edwin Hom, Craig Koehnen, Scott Landstrom, Douglas Neeser, Lori Santillo, Arlene Snyder,

01/30/2006 01/31/2006
02/01/2006 02/01/2006 02/01/2006 02/01/2006 02/01/2006
02/01/2006 02/07/2006 02/08/2006

Boris L Rabichev, Sally VanBrocklin, William Wilde, Richard Woitte, Kenneth Clarin, Opt in Plaintiffs, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 01/30/2006)
162 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 161 Stipulation,,,, (Mintzer, Joel) (Entered: 01/30/2006)
163 ORDER TO AMEND THE PRETRIAL ORDER re 161 Joint Stipulation; 1. Paragraph 12 of the Pretrial Order dated February 14, 2005 shall not apply to anynon−dispositive motion regarding the following: Best Buy's responses to (1) Plaintiffs' Requestsfor Admissions to Defendants Regarding Genuineness and Foundation of Exhibits, (2) Plaintiffs'Interrogatory No. 24, the portion of Plaintiffs' Interrogatory No. 25 relating to staffing analysisworksheets. Instead, all non−dispositive motions regarding the above−mentioned responses shall be filed no later than seventeen days afer Best Buy's service of these responses. 2. No other portion of the Pretrial Order dated 2/14/05, is modified by this Order. Signed by Magistrate Judge Arthur J Boylan on 1/31/06. (SEA) (Entered: 01/31/2006)
164 MEMORANDUM in Opposition re 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 2/1/06. (Slaughter, Stacey) Modified on 2/2/2006 (akl). (Entered: 02/01/2006)
165 Declaration of Gayle M. Parish in Support of 164 Memorandum in Opposition to Motion filed by all defendants. (Attachments: # 1 Exhibit A−C# 2 Exhibit D (Part 1)# 3 Exhibit D (Part 2)# 4 Exhibit E−G) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 2/1/06. (Slaughter, Stacey) Modified on 2/2/2006 (akl). (Entered: 02/01/2006)
166 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 164 Memorandum in Opposition to Motion, 165 Declaration in Support (Slaughter, Stacey) (Entered: 02/01/2006)
167 MEMORANDUM in Opposition re 148 MOTION for Protective Order Regarding the Depositions of Bradbury Anderson and Robert Willett filed by Verne A Hall. SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 2/1/06. (Knocke, Laurie) Modified on 2/2/2006 (akl). (Entered: 02/01/2006)
168 AFFIDAVIT of Jennifer J. Olson in OPPOSITION TO 148 MOTION for Protective Order Regarding the Depositions of Bradbury Anderson and Robert Willett filed by Verne A Hall. (Attachments: # 1 Exs. 1−9# 2 Exs. 10−29# 3 Exs. 30−50# 4 Exs. 51−74# 5 Exs. 75−81# 6 Exs. 82−84) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 2/1/06. (Knocke, Laurie) Modified on 2/2/2006 (akl). (Entered: 02/01/2006)
169 CERTIFICATE OF SERVICE by Verne A Hall re 167 Memorandum in Opposition to Motion, 168 Affidavit in Opposition to Motion, Regarding Depositions of Bradbury Anderson and Robert Willett (Knocke, Laurie) (Entered: 02/01/2006)
170 MOTION to Withdraw 155 MOTION to Compel Discovery of Electronic Documents in Native Format by Verne A Hall. (Attachments: # Certificate of Service (1))(Brandt, Craig) (Entered: 02/07/2006)
171 Minute Entry for proceedings held before Magistrate Judge Arthur J Boylan : Motion Hearing held on 2/8/2006 re 148 MOTION for Protective Order filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 141 MOTION to Affirm Plaintiffs' Confidential Designations Pursuant to the Protective Order filed by Verne A Hall. Motions taken under advisement as of 2/8/06. (Tape #19 CR#5) (RJL) (Entered: 02/09/2006)

02/09/2006 02/14/2006
02/14/2006 02/14/2006 02/14/2006 02/15/2006 02/15/2006 02/15/2006 02/15/2006 02/15/2006 02/23/2006 03/01/2006

172 ORDER denying 148 Motion for Protective Order regarding the depositions of Brad Anderson and Robert Willett. Signed by Magistrate Judge Arthur J Boylan on 2/9/06. (RJL) (Entered: 02/09/2006)
173 STIPULATION TO ALLOW DEFENDANTS' SECOND AMENDED ANSWER TO PLAINTIFFS' SECOND AMENDED COMPLAINT WITH OPT IN PLAINTIFFS by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Thomas Aubrecht, Edwin Boyd, Lance V. Commander, Steven Grooms, Joy G Piao, Edwin Hom, Craig Koehnen, Scott Landstrom, Douglas Neeser, Lori Santillo, Arlene Snyder, Boris L Rabichev, Sally VanBrocklin, William Wilde, Richard Woitte, Kenneth Clarin, Opt in Plaintiffs, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit A)(Evans, Janet) (Entered: 02/14/2006)
174 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 173 Stipulation,,,, (Evans, Janet) (Entered: 02/14/2006)
175 AMENDED ANSWER to Second 29 Amended Complaint, 30 Amended Complaint (Second Amended Answer) by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 02/14/2006)
176 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 175 Amended Answer to Complaint (Second Amended Answer to Second Amended Complaint) (Mintzer, Joel) (Entered: 02/14/2006)
177 MOTION for Order to Amend the Protective Order by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1)(Mintzer, Joel) (Entered: 02/15/2006)
178 NOTICE OF HEARING ON MOTION 177 MOTION for Order to Amend the Protective Order: Motion Hearing set for 3/15/2006 10:00 AM in St Paul − Courtroom 5 before Magistrate Judge Arthur J Boylan. (Mintzer, Joel) (Entered: 02/15/2006)
179 MEMORANDUM in Support re 177 MOTION for Order to Amend the Protective Order filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Mintzer, Joel)SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 2/15/06. Modified on 3/2/2006 (SB). (Entered: 02/15/2006)
180 Declaration of Joel A. Mintzer in Support of 177 MOTION for Order to Amend the Protective Order filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit A−C# 2 Exhibit D (Part 1)# 3 Exhibit D (Part 2))(Mintzer, Joel) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 2/15/06. Modified on 3/2/2006 (SB). (Entered: 02/15/2006)
181 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 177 MOTION for Order to Amend the Protective Order, 178 Notice of Hearing on Motion, 179 Memorandum in Support of Motion, 180 Declaration in Support, (Mintzer, Joel) (Entered: 02/15/2006)
182 ORDER granting 141 Motion Protective Order . Signed by Magistrate Judge Arthur J Boylan on 2/23/06. (RJL) (Entered: 02/23/2006)
183 MOTION to Compel Further Answers to Interrogatory 14 and for Relief from Pretrial Order by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1)(Mintzer, Joel) (Entered: 03/01/2006)

03/01/2006 03/01/2006 03/01/2006 03/01/2006 03/03/2006 03/08/2006 03/08/2006 03/08/2006 03/08/2006 03/08/2006 03/08/2006 03/13/2006 03/13/2006 03/15/2006

184 NOTICE OF HEARING ON MOTION 183 MOTION to Compel Further Answers to Interrogatory 14 and for Relief from Pretrial Order: Motion Hearing set for 3/15/2006 10:00 AM in St Paul − Courtroom 5 before Magistrate Judge Arthur J Boylan. (Mintzer, Joel) (Entered: 03/01/2006)
185 MEMORANDUM in Support re 183 MOTION to Compel Further Answers to Interrogatory 14 and for Relief from Pretrial Order filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1)(Mintzer, Joel) (Entered: 03/01/2006)
186 Declaration of Joel A. Mintzer in Support of 183 MOTION to Compel Further Answers to Interrogatory 14 and for Relief from Pretrial Order filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit A−J)(Mintzer, Joel)SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/1/06. Modified on 3/3/2006 (SB). (Entered: 03/01/2006)
187 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 183 MOTION to Compel Further Answers to Interrogatory 14 and for Relief from Pretrial Order, 185 Memorandum in Support of Motion, 184 Notice of Hearing on Motion,, 186 Declaration in Support, (Mintzer, Joel) (Entered: 03/01/2006)
188 ORDER that Plaintiffs' request to strike Defendant's motion 184 scheduled fora hearing on March 15, 2006, is denied. The motion hearing will go forth as scheduled. Signed by Magistrate Judge Arthur J Boylan on 3/3/06. (SEA) (Entered: 03/03/2006)
189 MEMORANDUM in Opposition re 177 MOTION for Order to Amend the Protective Order (Placeholder − Document Filed Under Seal) filed by Verne A Hall. (Knocke, Laurie) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/8/2006. Modified on 3/9/2006 (SB). (Entered: 03/08/2006)
190 AFFIDAVIT of Jennifer J. Olson in OPPOSITION TO 177 MOTION for Order to Amend the Protective Order filed by Verne A Hall. (Attachments: # 1 Exs. A−D# 2 Ex. E (1 of 2)# 3 Ex. E (2 of 2))(Knocke, Laurie) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 3/8/2006. Modified on 3/9/2006 (SB). (Entered: 03/08/2006)
191 CERTIFICATE OF SERVICE by Verne A Hall re 189 Memorandum in Opposition to Motion, 190 Affidavit in Opposition to Motion to Amend the Protective Order (Knocke, Laurie) (Entered: 03/08/2006)
192 MEMORANDUM in Opposition re 183 MOTION to Compel Further Answers to Interrogatory 14 and for Relief from Pretrial Order filed by Verne A Hall. (Knocke, Laurie) (Entered: 03/08/2006)
193 AFFIDAVIT of Laurie A. Knocke in OPPOSITION TO 183 MOTION to Compel Further Answers to Interrogatory 14 and for Relief from Pretrial Order filed by Verne A Hall. (Attachments: # 1 Exs. A−H# 2 Exs. I−L)(Knocke, Laurie) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 3/8/2006. Modified on 3/9/2006 (SB). (Entered: 03/08/2006)
194 CERTIFICATE OF SERVICE by Verne A Hall re 192 Memorandum in Opposition to Motion, 193 Affidavit in Opposition to Motion for Relief from Pretrial Order and to Compel Further Answers to Interrogatory No. 14 (Knocke, Laurie) (Entered: 03/08/2006)
195 NOTICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc of Withdrawal of Defendants' Motion for Relief from Pretrial Order and to Compel Further Answers to Interrogaory No. 14 (Pierce, Kelly) (Entered: 03/13/2006)
196 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 195 Notice (Other) of Withdrawal of Defendants' Motion for Relief from Pretrial Order and to Compel Further Answers to Interrogatory No. 14 (Pierce, Kelly) (Entered: 03/13/2006)
197 Minute Entry for proceedings held before Magistrate Judge Arthur J Boylan : Motion Hearing held on 3/15/2006 re 177 MOTION for Order to Amend the

03/15/2006
04/07/2006 04/07/2006 04/07/2006 04/07/2006 04/07/2006 04/07/2006 04/17/2006 04/21/2006 04/21/2006 04/26/2006 05/05/2006

Protective Order filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. Motion granted orally on the record. Protective order, paragraph 6, to be amended per defendant's motion. Order to be issued. (Tape #Ctrm 5, #24) (JLB) (Entered: 03/15/2006)
198 ORDER TO AMEND THE PROTECTIVE ORDER 1. Defendants' Motion to Amend the Protective Order is GRANTED; 2. Paragraph 6 of the Protective Order to Protect Confidential Information, dated April 12, 2005, is modified to read as follows:Any party or third party deposed in this litigation may designate portions of any deposition transcript, taken in the course of this litigation, as "Confidential Information" if such party or person and his or her counsel of record have a reasonable, good faith belief that the page(s) designated contain "Confidential Information" subject to protection pursuant to the categories set forth above. All such designations must be made in writing and sent to all counsel of record in this litigation within forty−five (45) days after receipt of the deposition transcript. 3. No other portion of the Protective Order to Protect Confidential Information, dated April 12, 2005, is modified by this Order . Signed by Magistrate Judge Arthur J Boylan on 3/15/06. (JMH) (Entered: 03/15/2006)
199 MOTION for Partial Summary Judgment (Invalidity of Releases) by Opt in Plaintiffs. (Foster, Wood) (Entered: 04/07/2006)
200 NOTICE OF HEARING ON MOTION 199 MOTION for Partial Summary Judgment (Invalidity of Releases): Motion Hearing set for 6/16/2006 09:00 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Foster, Wood) (Entered: 04/07/2006)
201 MEMORANDUM in Support re 199 MOTION for Partial Summary Judgment (Invalidity of Releases) filed by Opt in Plaintiffs. (Foster, Wood) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/7/2006. Modified on 4/7/2006 (SB). (Entered: 04/07/2006)
202 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Opt in Plaintiffs re 201 Memorandum in Support of Motion filed by Opt in Plaintiffs. (Foster, Wood) (Entered: 04/07/2006)
203 AFFIDAVIT of Jay B. Streitz in SUPPORT OF 199 MOTION for Partial Summary Judgment (Invalidity of Releases) filed by Opt in Plaintiffs. (Attachments: # 1 Exhibit(s) 1−29)(Foster, Wood) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/7/2006. Modified on 4/7/2006 (SB). (Entered: 04/07/2006)
204 CERTIFICATE OF SERVICE by Opt in Plaintiffs re 203 Affidavit in Support of Motion, 200 Notice of Hearing on Motion, 201 Memorandum in Support of Motion, 199 MOTION for Partial Summary Judgment (Invalidity of Releases) (Foster, Wood) (Entered: 04/07/2006)
205 TRANSCRIPT of Motion hearing held on 3/15/06 before Magistrate Judge Arthur J Boylan. Court Reporter: Jackie Rolf. (24pgs) FILED CONVENTIONALLY/SEPARATELY (LPH) (Entered: 04/17/2006)
206 MOTION for Extension of Time to File Response/Reply as to 199 MOTION for Partial Summary Judgment (Invalidity of Releases) by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Pierce, Kelly) (Entered: 04/21/2006)
207 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 206 MOTION for Extension of Time to File Response/Reply as to 199 MOTION for Partial Summary Judgment (Invalidity of Releases) (Pierce, Kelly) (Entered: 04/21/2006)
208 ORDER granting 206 Motion for Extension of Time to File Response/Reply Responses due by 5/5/2006 Replies due by 5/22/2006.. Signed by Judge Michael J Davis on 04/26/2006. (SMS) (Entered: 04/26/2006)
209 STIPULATION re 199 MOTION for Partial Summary Judgment (Invalidity of Releases) by Thomas Aubrecht, Edwin Boyd, Lance V. Commander, Steven Grooms, Edwin Hom, Craig Koehnen, Scott Landstrom, Douglas Neeser, Lori

05/05/2006 05/05/2006 06/12/2006 06/12/2006 06/14/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006
06/15/2006 06/15/2006 06/15/2006 06/15/2006

Santillo, Arlene Snyder, Sally VanBrocklin, William Wilde, Richard Woitte, Kenneth Clarin, Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 05/05/2006)
210 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 209 Stipulation, (Evans, Janet) (Entered: 05/05/2006)
211 Letter re: withdrawal of motion re 199 MOTION for Partial Summary Judgment (Invalidity of Releases) from Wood R. Foster, Jr.. (Attachments: # 1 Certificate of Service)(Foster, Wood) (Entered: 05/05/2006)
212 JURY TRIAL BLOCK NOTICE. Jury Trial set for 7/17/2006 to 9/29/2006 in Minneapolis − Courtroom 14E before Judge Michael J Davis. (dch) (Entered: 06/12/2006)
213 NOTICE OF FINAL Settlement Conference set for 7/24/2006 09:00 AM, in Suite 720, 180 East 5th Street, St. Paul before Magistrate Judge Arthur J Boylan.. Signed by Magistrate Judge Arthur J Boylan on 6/12/06. (RJL) (Entered: 06/13/2006)
214 ORDER removing case from trial block 212 Notice of Hearing(Written Opinion). Signed by Judge Michael J Davis on 06/14/2006. (SMS) (Entered: 06/14/2006)
215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Poulos, Sara) (Entered: 06/15/2006)
216 NOTICE OF HEARING ON MOTION 215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion: (Poulos, Sara) (Entered: 06/15/2006)
217 MEMORANDUM in Support re 215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Poulos, Sara) (Entered: 06/15/2006)
218 Declaration of Sara A. Poulos in Support of 215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) 1−2# 3 Exhibit(s) 3 − Part 1# 4 Exhibit(s) 3 − Part 2# 5 Exhibit(s) 4# 6 Exhibit(s) 5# 7 Exhibit(s) 6 − Part 1# 8 Exhibit(s) 6 − Part 2# 9 Exhibit(s) 6 − Part 3# 10 Exhibit(s) 6 − Part 4)(Poulos, Sara) RECEIVED SEALED DOCUMENTS ON 6/15/06 Modified on 6/19/2006 (GJS). (Entered: 06/15/2006)
219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 06/15/2006)
220 NOTICE OF HEARING ON MOTION 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey: (Mintzer, Joel) (Entered: 06/15/2006)
221 MEMORANDUM in Support re 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Mintzer, Joel) (Entered: 06/15/2006)
222 Declaration of Joel A. Mintzer in Support of 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) 1# 3 Exhibit(s) 2 − Part 1# 4 Exhibit(s) 2 − Part 2# 5 Exhibit(s) 2 − Part 3# 6 Exhibit(s) 2 − Part 4# 7 Exhibit(s) 3# 8 Exhibit(s) 4# 9 Exhibit(s) 5 and 6# 10 Exhibit(s) 7# 11 Exhibit(s) 8 − Part 1# 12 Exhibit(s) 8 − Part 2# 13 Exhibit(s) 8 − Part 3)(Mintzer, Joel) RECEIVED SEALED DOCUMENT ON 6/15/06 Modified on 6/19/2006 (GJS). (Entered: 06/15/2006)

06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006
06/15/2006 06/15/2006
06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006

223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 06/15/2006)
224 NOTICE OF HEARING ON MOTION 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane: (Evans, Janet) (Entered: 06/15/2006)
225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker by Opt in Plaintiffs. (Foster, Wood) (Entered: 06/15/2006)
226 NOTICE OF HEARING ON MOTION 225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker: (Foster, Wood) (Entered: 06/15/2006)
227 Declaration of Joel A. Mintzer in Support of 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) 1# 3 Exhibit(s) 2# 4 Exhibit(s) 3 − Part 1# 5 Exhibit(s) 3 − Part 2# 6 Exhibit(s) 4−13# 7 Exhibit(s) 14# 8 Exhibit(s) 15# 9 Exhibit(s) 16# 10 Exhibit(s) 17 − Part 1# 11 Exhibit(s) 17 −Part 2# 12 Exhibit(s) 17 − Part 3# 13 Exhibit(s) 18# 14 Exhibit(s) 19# 15 Exhibit 20# 16 Exhibit(s) 21 − Part 1# 17 Exhibit(s) 21 − Part 2# 18 Exhibit(s) 22# 19 Exhibit(s) 23# 20 Exhibit(s) 24)(Evans, Janet) RECEIVED SEALED EXHIBITS #1, #4−#13 IN THE CLERK'S OFFICE 6/15/06. Modified on 6/19/2006 (jam). (Entered: 06/15/2006)
228 MEMORANDUM in Support re 225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker filed by Opt in Plaintiffs. (Attachments: # 1)(Foster, Wood) (Entered: 06/15/2006)
229 AFFIDAVIT of Wood R. Foster, Jr. in SUPPORT OF 225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker filed by Opt in Plaintiffs. (Attachments: # 1 Exhibit(s) 1−10# 2 Exhibit(s) 11−16# 3 Exhibit(s) 17−25)(Foster, Wood) RECEIVED SEALED EXHIBITS 17 − 24 IN CLERK'S OFFICE 2/16/06. Modified on 6/20/2006 (jam). (Entered: 06/15/2006)
230 MEMORANDUM in Support re 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 06/15/2006)
231 AFFIDAVIT of Jay B. Streitz in SUPPORT OF 225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker filed by Opt in Plaintiffs. (Foster, Wood) (Entered: 06/15/2006)
232 AFFIDAVIT of Ann Lockhart Watson in SUPPORT OF 225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker filed by Opt in Plaintiffs. (Foster, Wood) SEALED EXHIBITS 12RECEIVED IN THE CLERK'S OFFICE 6/16/06. Modified on 6/20/2006 (jam). (Entered: 06/15/2006)
233 ORDER (Written Opinion). Signed by Judge Michael J Davis on 06/15/2006. (SMS) (Entered: 06/15/2006)
234 MOTION to Exclude the Expert Opinion of Dr. Susan Phipps−Yonas by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Slaughter, Stacey) (Entered: 06/15/2006)
235 NOTICE OF HEARING ON MOTION 234 MOTION to Exclude the Expert Opinion of Dr. Susan Phipps−Yonas: (Slaughter, Stacey) (Entered: 06/15/2006)
236 Declaration of Stacey P. Slaughter in Support of 234 MOTION to Exclude the Expert Opinion of Dr. Susan Phipps−Yonas filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) 1−2)(Slaughter, Stacey) (Entered: 06/15/2006)
237 MEMORANDUM in Support (FILED UNDER SEAL) re 234 MOTION to Exclude the Expert Opinion of Dr. Susan Phipps−Yonas filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Slaughter, Stacey) Modified on 6/20/2006 (JME). Additional attachment(s) added on 6/20/2006 (JME). (Entered: 06/15/2006)

06/15/2006 06/15/2006
06/15/2006
06/15/2006
06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006
06/15/2006 06/15/2006 06/15/2006

238 MOTION to Extend the Deadline to File Non−Dispositive Motions Related to Expert Testimony for Only Certain Motions Regarding the Opinions of Plaintiffs' Expert Joseph B. Kadane by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 06/15/2006)
239 Declaration of Janet C. Evans in Support of 238 MOTION to Extend the Deadline to File Non−Dispositive Motions Related to Expert Testimony for Only Certain Motions Regarding the Opinions of Plaintiffs' Expert Joseph B. Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) 1−2)(Evans, Janet) (Entered: 06/15/2006)
240 NOTICE OF HEARING ON MOTION 238 MOTION to Extend the Deadline to File Non−Dispositive Motions Related to Expert Testimony for Only Certain Motions Regarding the Opinions of Plaintiffs' Expert Joseph B. Kadane: Motion Hearing set for 7/12/2006 10:30 AM in St Paul − Courtroom 5 before Magistrate Judge Arthur J Boylan. (Evans, Janet) (Entered: 06/15/2006)
241 MEMORANDUM in Support re 238 MOTION to Extend the Deadline to File Non−Dispositive Motions Related to Expert Testimony for Only Certain Motions Regarding the Opinions of Plaintiffs' Expert Joseph B. Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1 # 2 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 06/15/2006)
242 MOTION to Exclude Proposed Expert Testimony of Angela M. Heitzman by Verne A Hall. (Knocke, Laurie) (Entered: 06/15/2006)
243 NOTICE OF HEARING ON MOTION 242 MOTION to Exclude Proposed Expert Testimony of Angela M. Heitzman: (Knocke, Laurie) (Entered: 06/15/2006)
244 MEMORANDUM in Support re 242 MOTION to Exclude Proposed Expert Testimony of Angela M. Heitzman filed by Verne A Hall. (Attachments: # 1LR7.1 Word Count Compliance Certificate)(Knocke, Laurie) Modified on 6/16/2006 (gjs). (Entered: 06/15/2006)
245 MOTION to Exclude Proposed Expert Testimony of Jane K. McNaught by Verne A Hall. (Boehmke, Julie) (Entered: 06/15/2006)
246 NOTICE OF HEARING ON MOTION 245 MOTION to Exclude Proposed Expert Testimony of Jane K. McNaught: (Boehmke, Julie) (Entered: 06/15/2006)
247 MEMORANDUM in Support re 245 MOTION to Exclude Proposed Expert Testimony of Jane K. McNaught filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Boehmke, Julie) RECEIVED SEALED DOCUMENTS ON 6/15/06 Modified on 6/22/2006 (gjs). (Entered: 06/15/2006)
248 AFFIDAVIT of Julie L. Boehmke in SUPPORT OF 245 MOTION to Exclude Proposed Expert Testimony of Jane K. McNaught filed by Verne A Hall. (Attachments: # 1 Placeholder for Exhibits A and B to Affidavit of Julie Boehmke)(Boehmke, Julie) RECEIVED SEALED DOCUMENTS ON 6/15/06 Modified on 6/22/2006 (GJS). (Entered: 06/15/2006)
249 CERTIFICATE OF SERVICE by Verne A Hall re 248 Affidavit in Support of Motion, 246 Notice of Hearing on Motion, 247 Memorandum in Support of Motion, 245 MOTION to Exclude Proposed Expert Testimony of Jane K. McNaught (Boehmke, Julie) (Entered: 06/15/2006)
250 MOTION to Exclude Proposed Expert Testimony of Elizabeth Becker by Verne A Hall. (Boehmke, Julie) (Entered: 06/15/2006)
251 AFFIDAVIT of Laurie A. Knocke in SUPPORT OF 242 MOTION to Exclude Proposed Expert Testimony of Angela M. Heitzman filed by Verne A Hall. (Attachments: # 1 Ex. 1 &Ex. 2, pt. 1# 2 Ex. 2, pt. 2# 3 Ex. 2, pt. 3, 4−6# 4 Ex. 7, Ex. 8, pt. 1# 5 Ex. 8, pt. 2# 6 Ex. 8, pt. 3# 7 Ex. 8, pt. 4, Exs. 9−10# 8 Ex. 11# 9 Ex. 12# 10 Ex. 13, pt. 1# 11 Ex. 13, pt. 2, Ex. 14# 12 Exs. 15−19# 13 Exs. 20−22)(Knocke, Laurie) RECEIVED SEALED DOCUMENTS ON 6/15/06 Modified on 6/22/2006 (gjs). (Entered: 06/15/2006)

06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/15/2006 06/16/2006 06/16/2006
06/16/2006

252 NOTICE OF HEARING ON MOTION 250 MOTION to Exclude Proposed Expert Testimony of Elizabeth Becker: (Boehmke, Julie) (Entered: 06/15/2006)
253 CERTIFICATE OF SERVICE by Verne A Hall re 244 Memorandum in Support of Motion, 251 Affidavit in Support of Motion,, 243 Notice of Hearing on Motion, 242 MOTION to Exclude Proposed Expert Testimony of Angela M. Heitzman (Knocke, Laurie) (Entered: 06/15/2006)
254 MOTION to Exclude Proposed Expert Testimony of John Fossum by Verne A Hall. (Knocke, Laurie) (Entered: 06/15/2006)
255 NOTICE OF HEARING ON MOTION 254 MOTION to Exclude Proposed Expert Testimony of John Fossum: (Knocke, Laurie) (Entered: 06/15/2006)
256 MEMORANDUM in Support re 250 MOTION to Exclude Proposed Expert Testimony of Elizabeth Becker filed by Verne A Hall. (Attachments: # 1 Certificate of Compliance with LR 7.1)(Boehmke, Julie) RECEIVED SEALED DOCUMETNS ON 6/15/06 Modified on 6/22/2006 (GJS). Modified on 7/12/2006 (vem). (Entered: 06/15/2006)
257 MEMORANDUM in Support re 254 MOTION to Exclude Proposed Expert Testimony of John Fossum Placeholder − Original Filed Under Seal filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Knocke, Laurie) RECEIVED SEALED DOCUMENT ON 6/15/06 Modified on 6/22/2006 (GJS). (Entered: 06/15/2006)
258 AFFIDAVIT of Craig A. Brandt in SUPPORT OF 254 MOTION to Exclude Proposed Expert Testimony of John Fossum filed by Verne A Hall. (Attachments: # 1 Exs. 1−3 (1−2 w/placeholders only))(Knocke, Laurie) RECEIVED SEALED DOCUMENTS ON 6/15/06 Modified on 6/22/2006 (GJS). (Entered: 06/15/2006)
259 CERTIFICATE OF SERVICE by Verne A Hall re 258 Affidavit in Support of Motion, 254 MOTION to Exclude Proposed Expert Testimony of John Fossum, 255 Notice of Hearing on Motion, 257 Memorandum in Support of Motion (Knocke, Laurie) (Entered: 06/15/2006)
260 AFFIDAVIT of Deborah M. Norvold in SUPPORT OF 250 MOTION to Exclude Proposed Expert Testimony of Elizabeth Becker filed by Verne A Hall. (Attachments: # 1 Exhibit(s) 1 − 11)(Boehmke, Julie) RECEIVED SEALED DOCUMENTS ON 6/15/06 Modified on 6/22/2006 (GJS). (Entered: 06/15/2006)
261 AFFIDAVIT of George Woodworth in SUPPORT OF 250 MOTION to Exclude Proposed Expert Testimony of Elizabeth Becker filed by Verne A Hall. (Attachments: # 1 Exhibit(s) A)(Boehmke, Julie) Modified on 6/16/2006 (jam). (Entered: 06/15/2006)
262 CERTIFICATE OF SERVICE by Verne A Hall re 252 Notice of Hearing on Motion, 261 Affidavit in Support of Motion, 260 Affidavit in Support of Motion, 256 Memorandum in Support of Motion, 250 MOTION to Exclude Proposed Expert Testimony of Elizabeth Becker (Boehmke, Julie) (Entered: 06/15/2006)
263 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 224 Notice of Hearing on Motion, 227 Declaration in Support,,, 230 Memorandum in Support of Motion,, 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane (Evans, Janet) (Entered: 06/16/2006)
264 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 239 Declaration in Support,, 240 Notice of Hearing on Motion,, 241 Memorandum in Support of Motion,, 238 MOTION to Extend the Deadline to File Non−Dispositive Motions Related to Expert Testimony for Only Certain Motions Regarding the Opinions of Plaintiffs' Expert Joseph B. Kadane (Evans, Janet) (Entered: 06/16/2006)
265 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 217 Memorandum in Support of Motion, 216 Notice of Hearing

06/16/2006 06/16/2006 06/30/2006 06/30/2006 06/30/2006 06/30/2006 07/03/2006
07/03/2006
07/03/2006 07/03/2006 07/03/2006 07/04/2006

on Motion, 218 Declaration in Support,, 215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion (Poulos, Sara) (Entered: 06/16/2006)
266 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 221 Memorandum in Support of Motion,, 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey, 222 Declaration in Support,,, 220 Notice of Hearing on Motion (Mintzer, Joel) (Entered: 06/16/2006)
267 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 234 MOTION to Exclude the Expert Opinion of Dr. Susan Phipps−Yonas, 235 Notice of Hearing on Motion, 237 Memorandum in Support of Motion, 236 Declaration in Support (Slaughter, Stacey) (Entered: 06/16/2006)
268 MEMORANDUM in Opposition re 234 MOTION to Exclude the Expert Opinion of Dr. Susan Phipps−Yonas placeholder only−original filed under seal filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Boehmke, Julie) RECEIVED SEALED DOCUMENTS ON 6/30/06 Modified on 7/3/2006 (GJS). (Entered: 06/30/2006)
269 AFFIDAVIT of Julie L. Boehmke in OPPOSITION TO 234 MOTION to Exclude the Expert Opinion of Dr. Susan Phipps−Yonas filed by Verne A Hall. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C)(Boehmke, Julie) (Entered: 06/30/2006)
270 CERTIFICATE OF SERVICE by Verne A Hall re 269 Affidavit in Opposition to Motion, 268 Memorandum in Opposition to Motion, (Boehmke, Julie) (Entered: 06/30/2006)
271 ORDER granting 238 Motion to Extend the Deadline to file Non−Dispositive Motions related to Expert testimony for only certain motions regarding the opinions of Plaintiffs' Expert Joseph B. Kadane.. Signed by Magistrate Judge Arthur J Boylan on 6/30/06. (RJL) (Entered: 06/30/2006)
272 MEMORANDUM in Opposition re 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey Placeholder only − memo filed under seal filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Knocke, Laurie) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/03/2006)
273 AFFIDAVIT of Deborah M. Norvold in OPPOSITION TO 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey filed by all plaintiffs. (Attachments: # 1 Exhibit(s) Exhibit Index# 2 Placeholder for Exhibit 1# 3 Placeholder for Exhibit 2# 4 Placeholder for Exhibit 3# 5 Placeholder for Exhibit 4# 6 Placeholder for Exhibit 5# 7 Exhibit(s) 6# 8 Exhibit(s) 7# 9 Placeholder for Exhibit 8# 10 Exhibit(s) 9# 11 Exhibit(s) 10# 12 Placeholder for Exhibit 11# 13 Placeholder for Exhibit 12# 14 Placeholder for Exhibit 13# 15 Exhibit(s) 14# 16 Placeholder for Exhibit 15# 17 Placeholder for Exhibit 16)(Knocke, Laurie) SEALED DOCUMENTS (Exhibits 1−5,8, 11−13,15,16 ) RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/03/2006)
274 AFFIDAVIT of Frances M. McCloskey in OPPOSITION TO 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1)(Knocke, Laurie) (Entered: 07/03/2006)
275 AFFIDAVIT of Julie A. Olund in OPPOSITION TO 219 MOTION to Exclude the Profferred Expert Testimony of Frances M. McCloskey filed by all plaintiffs. (Knocke, Laurie) (Entered: 07/03/2006)
276 CERTIFICATE OF SERVICE by Verne A Hall re 272 Memorandum in Opposition to Motion,, 275 Affidavit in Opposition to Motion, 273 Affidavit in Opposition to Motion,,, 274 Affidavit in Opposition to Motion (Knocke, Laurie) (Entered: 07/03/2006)
277 MEMORANDUM in Opposition re 245 MOTION to Exclude Proposed Expert Testimony of Jane K. McNaught filed by Best Buy Company, Inc., Best Buy

07/04/2006
07/04/2006 07/04/2006 07/04/2006 07/04/2006 07/05/2006 07/05/2006 07/05/2006 07/05/2006 07/05/2006 07/05/2006
07/05/2006

Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Slaughter, Stacey)SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/04/2006)
278 Declaration of Stacey P. Slaughter in Support of 277 Memorandum in Opposition to Motion, filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Exhibits 1−3# 2 Exhibit(s) Index)(Slaughter, Stacey)SEALED DOCUMENT (Exhibits 1−3) RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/04/2006)
279 MEMORANDUM in Opposition re 250 MOTION to Exclude Proposed Expert Testimony of Elizabeth Becker filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Mintzer, Joel) (Entered: 07/04/2006)
280 Declaration of Joel A. Mintzer in Support of 279 Memorandum in Opposition to Motion filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Exhibits 1−8# 2 Exhibit(s) Index)(Mintzer, Joel) SEALED DOCUMENT (eXHIBITS 1−8) RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/04/2006)
281 MEMORANDUM in Opposition re 225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 07/04/2006)
282 Declaration of Joel A. Mintzer in Support of 281 Memorandum in Opposition to Motion filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Exhibits 1−20# 2 Exhibit(s) Index)(Evans, Janet) SEALED DOCUMENT(Exhibits 1−20) RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/04/2006)
283 MEMORANDUM in Opposition re 254 MOTION to Exclude Proposed Expert Testimony of John Fossum filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Poulos, Sara) (Entered: 07/05/2006)
284 Declaration of Sara A. Poulos in Support of 283 Memorandum in Opposition to Motion filed by all defendants. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 1−6)(Poulos, Sara) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/05/2006)
285 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 284 Declaration in Support, 283 Memorandum in Opposition to Motion (Poulos, Sara) (Entered: 07/05/2006)
286 MEMORANDUM in Opposition re 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Foster, Wood) (Entered: 07/05/2006)
287 AFFIDAVIT of Joseph B. Kadane in OPPOSITION TO 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane filed by all plaintiffs. (Foster, Wood) (Entered: 07/05/2006)
288 AFFIDAVIT of Ann Lockhart Watson in OPPOSITION TO 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1−14# 2 Exhibit(s) 15−28# 3 Exhibit(s) 29−33# 4 Exhibit(s) 34−35# 5 Exhibit(s) 36−37)(Foster, Wood) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/05/2006)
289 CERTIFICATE OF SERVICE by Opt in Plaintiffs re 288 Affidavit in Opposition to Motion,, 286 Memorandum in Opposition to Motion, 287 Affidavit in Opposition to Motion (Foster, Wood) (Entered: 07/05/2006)

07/05/2006 07/05/2006
07/05/2006
07/05/2006 07/05/2006 07/05/2006
07/05/2006 07/05/2006 07/05/2006 07/05/2006 07/05/2006 07/05/2006 07/05/2006 07/06/2006

290 MEMORANDUM in Opposition re 242 MOTION to Exclude Proposed Expert Testimony of Angela M. Heitzman filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Poulos, Sara) (Entered: 07/05/2006)
291 MEMORANDUM in Opposition re 215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion placeholder only − filed under seal filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Boehmke, Julie) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/05/2006)
292 Declaration of Sara A. Poulos in Support of 290 Memorandum in Opposition to Motion filed by all defendants. (Attachments: # 1 Placeholder for Exhibit 1# 2 Exhibit(s) 2−4# 3 Placeholder for Exhibit 5# 4 Exhibit(s) 6# 5 Placeholder for Exhibit 7# 6 Exhibit(s) 8# 7 Exhibit(s) 9 − Part 1# 8 Exhibit(s) 9 − Part 2# 9 Exhibit(s) 9 − Part 3# 10 Exhibit(s) 9 − Part 4# 11 Exhibit(s) 9 − Part 5# 12 Exhibit(s) 9 − Part 6# 13 Exhibit(s) 9 − Part 7# 14 Exhibit(s) 9 − Part 8# 15 Exhibit(s) 9 − Part 9# 16 Exhibit(s) 9 − Part 10# 17 Exhibit(s) 9 − Part 11# 18 Exhibit(s) 9 − Part 12# 19 Exhibit(s) 9 − Part 13)(Poulos, Sara) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/05/2006)
293 EXHIBIT re 292 Declaration in Support,, Exhibit Index by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Poulos, Sara) (Entered: 07/05/2006)
294 Declaration of Angela M. Heitzman in Support of 290 Memorandum in Opposition to Motion filed by all defendants. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) A and B)(Poulos, Sara) (Entered: 07/05/2006)
295 DECLARATION of Craig A. Brandt in OPPOSITION TO 215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion filed by Verne A Hall. (Attachments: # 1 Placeholder for Exhibits 1 −3 (filed under seal)# 2 Exhibit(s) 4# 3 Exhibit(s) 5)(Boehmke, Julie) Modified on 7/5/2006 (JME).SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 7/5/06 Modified on 7/6/2006 (mkc). (Entered: 07/05/2006)
296 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 290 Memorandum in Opposition to Motion, 292 Declaration in Support,,, 294 Declaration in Support, 293 Exhibit (Poulos, Sara) (Entered: 07/05/2006)
297 DECLARATION of Michael A. Campion, Ph.D. in Opposition OF 215 MOTION to Exclude Expert Testimony of Dr. Michael A. Campion filed by Verne A Hall. (Boehmke, Julie) Modified on 7/5/2006 (JME). (Entered: 07/05/2006)
298 CERTIFICATE OF SERVICE by Verne A Hall re 297 Affidavit in Support of Motion, 295 Affidavit in Opposition to Motion,, 291 Memorandum in Opposition to Motion (Boehmke, Julie) (Entered: 07/05/2006)
299 AMENDED EXHIBIT INDEX re 273 Affidavit in Opposition to Motion,, by Verne A Hall filed by Verne A Hall. (Attachments: # 1 Certificate of Service)(Knocke, Laurie) Modified on 7/5/2006 (GJS). (Entered: 07/05/2006)
300 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 278 Declaration in Support,, 277 Memorandum in Opposition to Motion, (Slaughter, Stacey) (Entered: 07/05/2006)
301 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 279 Memorandum in Opposition to Motion, 280 Declaration in Support (Mintzer, Joel) (Entered: 07/05/2006)
302 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 282 Declaration in Support, 281 Memorandum in Opposition to Motion (Mintzer, Joel) (Entered: 07/05/2006)
303 MOTION for Leave to File Excess Pages For Partial Summary Judgment and Decertification Briefing by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 07/06/2006)

07/06/2006 07/06/2006 07/06/2006 07/07/2006
07/07/2006
07/07/2006 07/07/2006 07/10/2006 07/10/2006 07/10/2006 07/10/2006
07/10/2006
07/11/2006 07/13/2006

304 NOTICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 303 MOTION for Leave to File Excess Pages For Partial Summary Judgment and Decertification Briefing (Evans, Janet) (Entered: 07/06/2006)
305 MEMORANDUM in Support re 303 MOTION for Leave to File Excess Pages For Partial Summary Judgment and Decertification Briefing filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 07/06/2006)
306 Declaration of Janet C. Evans in Support of 303 MOTION for Leave to File Excess Pages For Partial Summary Judgment and Decertification Briefing filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) 1−3)(Evans, Janet) (Entered: 07/06/2006)
307 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 304 Notice (Other), 303 MOTION for Leave to File Excess Pages For Partial Summary Judgment and Decertification Briefing, 305 Memorandum in Support of Motion,, 306 Declaration in Support, (Evans, Janet) (Entered: 07/07/2006)
308 MEMORANDUM in Opposition re 303 MOTION for Leave to File Excess Pages For Partial Summary Judgment and Decertification Briefing filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Boehmke, Julie) Modified on 7/10/2006 (JME). (Entered: 07/07/2006)
309 DECLARATION of Craig A. Brandt in Opposition to 303 MOTION for Leave to File Excess Pages For Partial Summary Judgment and Decertification Briefing filed by Verne A Hall. (Attachments: # 1 Exhibit(s) 1 − 3)(Boehmke, Julie) (Entered: 07/07/2006)
310 CERTIFICATE OF SERVICE by Verne A Hall re 309 Declaration in Opposition, 308 Memorandum in Opposition to Motion (Boehmke, Julie) (Entered: 07/07/2006)
311 MOTION for Order to Strike Revised Expert Statistical Report of Joseph B. Kadane by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 07/10/2006)
312 NOTICE OF HEARING ON MOTION 311 MOTION for Order to Strike Revised Expert Statistical Report of Joseph B. Kadane: (Evans, Janet) (Entered: 07/10/2006)
313 MEMORANDUM in Support re 311 MOTION for Order to Strike Revised Expert Statistical Report of Joseph B. Kadane filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 07/10/2006)
314 Declaration of Janet C. Evans in Support of 311 MOTION for Order to Strike Revised Expert Statistical Report of Joseph B. Kadane filed by all defendants. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 1−3# 3 Exhibit(s) 4−10# 4 Placeholder for Exhibits 11−14# 5 Exhibit(s) 15)(Evans, Janet) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 7/7/06. (MKC) (Entered: 07/10/2006)
315 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 314 Declaration in Support,, 313 Memorandum in Support of Motion, 311 MOTION for Order to Strike Revised Expert Statistical Report of Joseph B. Kadane, 312 Notice of Hearing on Motion (Evans, Janet) (Entered: 07/10/2006)
316 ORDER granting 303 Motion for Leave to File Excess Pages . Signed by Judge Michael J Davis on 7/11/06. (RJL) (Entered: 07/12/2006)
317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 07/13/2006)

07/13/2006 07/13/2006 07/13/2006
07/13/2006 07/13/2006 07/13/2006 07/13/2006
07/13/2006 07/13/2006 07/13/2006 07/13/2006

318 NOTICE OF HEARING ON MOTION 317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Evans, Janet) (Entered: 07/13/2006)
319 MEMORANDUM in Support re 317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall *Placeholder* filed by all defendants. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/13/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) Modified on 8/3/2006 (lm). (Entered: 07/13/2006)
320 Declaration of Louise Bautch−Holton in Support of 317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall filed by all defendants. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/13/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 101−122# 3 Placeholder for Exhibits 200−201# 4 Exhibit(s) 300# 5 Placeholder for Exhibits 301−349# 6 Placeholder for Exhibits 400−414# 7 Exhibit(s) 500# 8 Exhibit(s) 501# 9 Placeholder for Exhibit 502# 10 Exhibit(s) 503)(Evans, Janet) Modified on 8/3/2006 (LM). (Entered: 07/13/2006)
321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 07/13/2006)
322 NOTICE OF HEARING ON MOTION 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Evans, Janet) (Entered: 07/13/2006)
323 DOCUMENT FILED IN ERROR − TO BE REFILED − MEMORANDUM in Support re 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) Modified on 7/14/2006 (vem). (Entered: 07/13/2006)
324 Declaration of Kari Thoe Crone in Support of 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims filed by all defendants. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/13/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 100−116# 3 Placeholder for Exhibits 200−202# 4 Exhibit(s) 300, Part 1# 5 Exhibit(s) 300, Part 2# 6 Exhibit(s) 300, Part 3# 7 Exhibit(s) 300, Part 4# 8 Exhibit(s) 300, Part 5# 9 Exhibit(s) 300, Part 6# 10 Exhibit(s) 301# 11 Placeholder for Exhibits 302−342# 12 Placeholder for Exhibits 400−438# 13 Exhibit(s) 500# 14 Exhibit(s) 501)(Evans, Janet) Modified on 8/3/2006 (LM). (Entered: 07/13/2006)
325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb by Best Buy Co., Inc.. (Lentz, Charles) Modified on 12/4/2006 (Riemer, Rena). This motion is now filed in case 05−720 MJD and is document number 29. (Entered: 07/13/2006)
326 NOTICE OF HEARING ON MOTION 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Lentz, Charles) (Entered: 07/13/2006)
327 MEMORANDUM in Support re 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb with attached Certificate of Word Count Compliance filed by Best Buy Co., Inc.. (Attachments: # 1)(Lentz, Charles) (Entered: 07/13/2006)
328 Declaration of Charles O. Lentz in Support of 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb filed by Best Buy Co., Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Lentz, Charles) (Entered: 07/13/2006)

07/13/2006 07/13/2006 07/13/2006 07/13/2006 07/13/2006 07/13/2006
07/13/2006
07/13/2006 07/13/2006 07/13/2006 07/14/2006

329 AFFIDAVIT of Julie Gilbert Hurst in SUPPORT OF 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb filed by Best Buy Co., Inc.. (Lentz, Charles) (Entered: 07/13/2006)
330 AFFIDAVIT of Dean Kimberly in SUPPORT OF 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb filed by Best Buy Co., Inc.. (Lentz, Charles) (Entered: 07/13/2006)
331 CERTIFICATE OF SERVICE by Best Buy Co., Inc. re 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb, 327 Memorandum in Support of Motion, 329 Affidavit in Support of Motion, 326 Notice of Hearing on Motion, 330 Affidavit in Support of Motion, 328 Declaration in Support and Proposed Order (Lentz, Charles) (Entered: 07/13/2006)
332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 07/13/2006)
333 NOTICE OF HEARING ON MOTION 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Mintzer, Joel) (Entered: 07/13/2006)
334 MEMORANDUM in Support re 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/14/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Mintzer, Joel) Modified on 8/3/2006 (LM). (Entered: 07/13/2006)
335 Declaration of Joel A. Mintzer in Support of 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/14/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 1−13# 3 Exhibit(s) 14# 4 Placeholder for Exhibit 15# 5 Exhibit(s) 16# 6 Placeholder for Exhibits 17−23# 7 Exhibit(s) 24# 8 Exhibit(s) 25, Part 1# 9 Exhibit(s) 25, Part 2# 10 Exhibit(s) 25, Part 3# 11 Placeholder for Exhibit 26# 12 Placeholder for Exhibit 27)(Mintzer, Joel) Modified on 8/3/2006 (LM). (Entered: 07/13/2006)
336 Declaration of Harold Knutson in Support of 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 07/13/2006)
337 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 320 Declaration in Support,,, 319 Memorandum in Support of Motion,, 318 Notice of Hearing on Motion,, 317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall (Evans, Janet) (Entered: 07/13/2006)
338 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 322 Notice of Hearing on Motion,, 324 Declaration in Support,,, 323 Memorandum in Support of Motion, 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims (Evans, Janet) (Entered: 07/13/2006)
339 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan, 335 Declaration in Support,,, 334 Memorandum in Support of Motion,, 333 Notice of Hearing on Motion,, 336

07/14/2006 07/14/2006 07/14/2006 07/14/2006
07/14/2006 07/14/2006 07/14/2006 07/14/2006

Declaration in Support, (Mintzer, Joel) (Entered: 07/14/2006)
340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Poulos, Sara) (Entered: 07/14/2006)
341 NOTICE OF HEARING ON MOTION 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Poulos, Sara) (Entered: 07/14/2006)
342 MEMORANDUM in Support re 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder *Placeholder* filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Poulos, Sara) Modified on 8/3/2006 (LM). (Entered: 07/14/2006)
343 Declaration of Sara A. Poulos in Support of 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # Exhibit(s) Index−−DOCUMENT FILED IN ERROR −−REFILED IN #354, # 2 Placeholder for Exhibits 1−9# 3 Exhibit(s) 10# 4 Placeholder for Exhibits 11−15# 5 Placeholder for Exhibit 16# 6 Placeholder for Exhibit 17# 7 Placeholder for Exhibit 18# 8 Placeholder for Exhibit 19# 9 Exhibit(s) 20, Part 1# 10 Exhibit(s) 20, Part 2# 11 Placeholder for Exhibit 21)(Poulos, Sara) Modified on 7/17/2006 (JMH). Modified on 8/3/2006 (LM). (Entered: 07/14/2006)
344 Declaration of Deborah Dixson *Placeholder* in Support of 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 Placeholder for Exhibit A)(Poulos, Sara) Modified on 8/3/2006 (LM). (Entered: 07/14/2006)
345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, Larae Lemon, Esther Mazurek, Daniel Mckenzie, Gregory Pettis, Joy Piao, Sally Reagan (VanBrocklin), Joy Reinhart, Joann Baird Shoemaker, Kent Smith, Lynnette Stueck, Gregory Stoner, Bill Summers, Richard Woitte, Ernest Zahradka, Xianmin Zhang by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 07/14/2006)
346 NOTICE OF HEARING ON MOTION 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Evans, Janet) (Entered: 07/14/2006)
347 MEMORANDUM in Support re 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La *Placeholder* filed by Best Buy Company, Inc., Best Buy Enterprise Services

07/14/2006
07/15/2006 07/15/2006 07/15/2006 07/15/2006
07/15/2006 07/15/2006 07/15/2006 07/15/2006 07/15/2006

Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) Modified on 8/3/2006 (LM). (Entered: 07/14/2006)
348 Declaration of Stacey P. Slaughter in Support of 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 101−124# 3 Placeholder for Exhibit 200# 4 Placeholder for Exhibits 301−320# 5 Placeholder for Exhibits 400−407# 6 Placeholder for Exhibit 500# 7 Placeholder for Exhibit 501# 8 Placeholder for Exhibit 502)(Evans, Janet) Modified on 8/3/2006 (LM). (Entered: 07/14/2006)
349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Poulos, Sara) (Entered: 07/15/2006)
350 NOTICE OF HEARING ON MOTION 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Poulos, Sara) (Entered: 07/15/2006)
351 MEMORANDUM in Support re 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser *Placeholder* filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Poulos, Sara) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
352 Declaration of Sara A. Poulos in Support of 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 1−13# 3 Exhibit(s) 14, Part 1# 4 Exhibit(s) 14, Part 2# 5 Placeholder for Exhibit 15# 6 Placeholder for Exhibit 16)(Poulos, Sara) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
353 EXHIBIT re 343 Declaration in Support,, *Placeholder for Exhibit 22* by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Poulos, Sara) SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
354 EXHIBIT re 343 Declaration in Support,, Corrected Exhibit Index by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Poulos, Sara) SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Crone, Kari) (Entered: 07/15/2006)
356 NOTICE OF HEARING ON MOTION 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Crone, Kari) (Entered: 07/15/2006)
357 MEMORANDUM in Support re 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON

07/15/2006 07/15/2006 07/15/2006 07/15/2006
07/15/2006
07/15/2006 07/15/2006 07/15/2006 07/15/2006

07/17/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Crone, Kari) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
358 Declaration of Kari Thoe Crone in Support of 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 1−31)(Crone, Kari) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Slaughter, Stacey) (Entered: 07/15/2006)
360 NOTICE OF HEARING ON MOTION 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Slaughter, Stacey) (Entered: 07/15/2006)
361 MEMORANDUM in Support re 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson *Placeholder* filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Slaughter, Stacey) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
362 Declaration of Stacey P. Slaughter in Support of 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 1−34)(Slaughter, Stacey) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
363 Declaration of William Travis in Support of 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Slaughter, Stacey) SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 07/15/2006)
365 NOTICE OF HEARING ON MOTION 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims: Motion Hearing set for 10/13/2006 09:30 AM in Minneapolis − Courtroom 14E before Judge Michael J Davis. (Evans, Janet) (Entered: 07/15/2006)
366 Declaration of Kelly K. Pierce in Support of 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibits 100−154# 3 Placeholder for Exhibits 200−204# 4 Exhibit(s) 300 − Part 1# 5 Exhibit(s) 300 − Part 2# 6 Exhibit(s) 300 − Part 3# 7 Exhibit(s) 300 − Part 4# 8 Exhibit(s) 300 − Part 5# 9 Exhibit(s) 300 − Part 6# 10 Exhibit(s) 301# 11 Exhibit(s) 302# 12 Placeholder for Exhibits 303−335# 13 Exhibit(s) 336−340# 14 Placeholder for Exhibits 341−349# 15 Exhibit(s) 350 − Part 1# 16 Exhibit(s) 350 − Part 2# 17 Placeholder for Exhibits 351−381# 18 Placeholder for Exhibits 400−427# 19 Exhibit(s) 500# 20 Exhibit(s) 501# 21 Placeholder for Exhibit 502# 22 Placeholder for Exhibit 503# 23 Exhibit(s) 600# 24 Exhibit(s) 700# 25 Exhibit(s) 701)(Evans, Janet) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)

07/15/2006 07/15/2006 07/15/2006 07/17/2006 07/17/2006 07/17/2006 07/17/2006
07/17/2006 07/17/2006
07/17/2006 07/17/2006 07/17/2006

367 MEMORANDUM in Support re 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims (Corrected) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 07/15/2006)
368 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 367 Memorandum in Support of Motion, (Evans, Janet) (Entered: 07/15/2006)
369 MEMORANDUM in Support re 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims *Placeholder* filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 07/17/06. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) Modified on 8/3/2006 (LM). (Entered: 07/15/2006)
370 MEMORANDUM in Opposition re 311 MOTION for Order to Strike Revised Expert Statistical Report of Joseph B. Kadane filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Boehmke, Julie) (Entered: 07/17/2006)
371 AFFIDAVIT of Julie L. Boehmke in OPPOSITION TO 311 MOTION for Order to Strike Revised Expert Statistical Report of Joseph B. Kadane filed by Verne A Hall. (Attachments: # 1 Exhibit(s) Exhibit Index# 2 Exhibit(s) A − C# 3 Exhibit(s) D# 4 Exhibit(s) E# 5 Exhibit(s) F# 6 Exhibit(s) G# 7 Exhibit(s) H)(Boehmke, Julie) (Entered: 07/17/2006)
372 CERTIFICATE OF SERVICE by Verne A Hall re 370 Memorandum in Opposition to Motion, 371 Affidavit in Opposition to Motion, (Boehmke, Julie) (Entered: 07/17/2006)
373 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 347 Memorandum in Support of Motion,, 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La, 346 Notice of Hearing on Motion,, 348 Declaration in Support,, (Evans, Janet) (Entered: 07/17/2006)
374 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 369 Memorandum in Support of Motion,, 366 Declaration in Support,,,, 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims, 365 Notice of Hearing on Motion, (Evans, Janet) (Entered: 07/17/2006)
375 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 344 Declaration in Support,, 343 Declaration in Support,,,, 341 Notice of Hearing on Motion,, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder, 342 Memorandum in Support of Motion, (Poulos, Sara) (Entered: 07/17/2006)
376 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 351 Memorandum in Support of Motion,, 350 Notice of Hearing on Motion,, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser, 352 Declaration in Support, (Poulos, Sara) (Entered: 07/17/2006)
377 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 358 Declaration in Support,, 357 Memorandum in Support of Motion,, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens, 356 Notice of Hearing on Motion, (Crone, Kari) (Entered: 07/17/2006)
378 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 363 Declaration in Support,, 361 Memorandum in Support of Motion,, 359 MOTION for Summary Judgment Dismissing the Individual Age

07/17/2006 07/31/2006
07/31/2006 08/01/2006 08/02/2006 08/02/2006
08/02/2006 08/03/2006 08/03/2006 08/08/2006

Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson, 360 Notice of Hearing on Motion,, 362 Declaration in Support, (Slaughter, Stacey) (Entered: 07/17/2006)
379 ORDER re: Date change with regards to Settlement Conference. Settlement Conference set for 7/24/2006 09:00 AM, in 720 East 5th Street, St. Paul, before Magistrate Judge Arthur J Boylan.. Signed by Magistrate Judge Arthur J Boylan on 7/17/06. (RJL) (Entered: 07/17/2006)
380 STIPULATION for Order Regarding the Deadline to File Non−Dispositive Motions Regarding the Opinions of Plaintiffs' Expert Joseph B. Kadane by Roberta S (Filler) Carlson, John J Carney, Best Buy Co., Inc., Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Thomas Aubrecht, Edwin Boyd, Lance V. Commander, Steven Grooms, Joy G Piao, Edwin Hom, Craig Koehnen, Scott Landstrom, Douglas Neeser, Lori Santillo, Arlene Snyder, Boris L Rabichev, Sally VanBrocklin, William Wilde, Richard Woitte, Kenneth Clarin, Opt in Plaintiffs, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 07/31/2006)
381 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 380 Stipulation,,,, (Evans, Janet) (Entered: 07/31/2006)
382 ORDER re 380 Stipulation regarding the deadline to file non−dispositive motions regarding the opinions of Plaintiffs' expert Joseph B. Kadane . Signed by Magistrate Judge Arthur J Boylan on 8/1/06. (RJL) (Entered: 08/01/2006)
383 MEMORANDUM in Opposition re 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb Placeholder−Original filed under seal filed by Jeffrey Loeb. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 08/02/06. (Shulman, David) Modified on 8/2/2006 (LM). (Entered: 08/02/2006)
384 AFFIDAVIT of David L. Shulman in OPPOSITION TO 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb filed by Jeffrey Loeb. SEALED DOCUMENT RECEIVED IN CLERKS' OFFICE ON 08/02/06. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F# 7 Exhibit(s) G# 8 Exhibit(s) H# 9 Exhibit(s) I# 10 Exhibit(s) J# 11 Exhibit(s) L# 12 Exhibit(s) M# 13 Exhibit(s) N# 14 Exhibit(s) O# 15 Placeholder for P# 16 Exhibit(s) Q# 17 Exhibit(s) R# 18 Exhibit(s) S# 19 Exhibit(s) T# 20 Exhibit(s) U# 21 Exhibit(s) V# 22 Exhibit(s) W# 23 Exhibit(s) X# 24 Exhibit(s) Z# 25 Exhibit(s) AA# 26 Placeholder for BB# 27 Placeholder for CC# 28 Placeholder for EE# 29 Exhibit(s) FF# 30 Exhibit(s) GG# 31 Exhibit(s) HH# 32 Exhibit(s) II# 33 Exhibit(s) KK# 34 Placeholder for LL# 35 Placeholder for MM# 36 Exhibit(s) Y part 1# 37 Placeholder for OO# 38 Placeholder for PP# 39 Placeholder for QQ# 40 Placeholder for RR# 41 Placeholder for TT# 42 Exhibit(s) Y part 2)(Shulman, David) Modified on 8/2/2006 (LM). (Entered: 08/02/2006)
385 CERTIFICATE OF SERVICE by Jeffrey Loeb re 384 Affidavit in Opposition to Motion,,,,, 383 Memorandum in Opposition to Motion (Shulman, David) (Entered: 08/02/2006)
386 ORDER denying 311 motion to strike. Signed by Judge Michael J Davis on August 3, 2006. (dch) (Entered: 08/03/2006)
387 APPLICATION to File Conventionally by Verne A Hall. (Attachments: # 1 Certificate of Service)(Brandt, Craig) (Entered: 08/03/2006)
388 MOTION Leave to File Combined Response to Defendants' Motions for Partial Summary Judgment on Individual Age Discrimination Claims by Verne A Hall.

08/08/2006 08/08/2006 08/08/2006 08/08/2006 08/08/2006 08/08/2006 08/08/2006
08/09/2006 08/09/2006 08/09/2006 08/11/2006 08/14/2006 08/14/2006

(Brandt, Craig) (Entered: 08/08/2006)
389 MEMORANDUM in Support re 388 MOTION Leave to File Combined Response to Defendants' Motions for Partial Summary Judgment on Individual Age Discrimination Claims filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Brandt, Craig) (Entered: 08/08/2006)
390 Declaration of Craig A. Brandt in Support of 389 Memorandum in Support of Motion, filed by Verne A Hall. (Attachments: # 1 Exhibit 1)(Brandt, Craig) (Entered: 08/08/2006)
391 CERTIFICATE OF SERVICE by Verne A Hall re 388 MOTION Leave to File Combined Response to Defendants' Motions for Partial Summary Judgment on Individual Age Discrimination Claims, 390 Declaration in Support, 389 Memorandum in Support of Motion, (Brandt, Craig) (Entered: 08/08/2006)
392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Mintzer, Joel) (Entered: 08/08/2006)
393 NOTICE OF HEARING ON MOTION 392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane: Motion Hearing set for 9/8/2006 09:00 AM in Minneapolis − Courtroom 8E before Magistrate Judge Arthur J Boylan. (Mintzer, Joel) (Entered: 08/08/2006)
394 MEMORANDUM in Support re 392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Compliance with LR 37.1)(Mintzer, Joel) (Entered: 08/08/2006)
395 Declaration of Joel A. Mintzer in Support of 392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibit A# 3 Placeholder for Exhibit B# 4 Exhibit(s) C# 5 Exhibit(s) D# 6 Exhibit(s) E# 7 Exhibit(s) F# 8 Exhibit(s) G# 9 Exhibit(s) H# 10 Exhibit(s) I)(Mintzer, Joel). SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 8/9/2006. (KT) (Entered: 08/08/2006)
396 MEMORANDUM by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 388 MOTION Leave to File Combined Response to Defendants' Motions for Partial Summary Judgment on Individual Age Discrimination Claims filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 08/09/2006)
397 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 396 Memorandum, (Evans, Janet) (Entered: 08/09/2006)
398 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 393 Notice of Hearing on Motion,, 394 Memorandum in Support of Motion,, 392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane, 395 Declaration in Support,, (Mintzer, Joel) (Entered: 08/09/2006)
399 ORDER granting 388 Motion for Leave to File a Combined Response to Defendants' Motions for Partial Summary Judgment on Individual Age Discrimination Claims (Written Opinion). Signed by Judge Michael J Davis on 08/11/2006. (SMS) (Entered: 08/11/2006)
400 REPLY TO RESPONSE re 325 Motion for Summary Judgment, (Placeholder − filed under seal) filed by Best Buy Co., Inc. (Lentz, Charles) Modified link on 8/14/2006 (gjs). SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 8/14/2006. (KT) (Entered: 08/14/2006)
401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions by Verne A Hall. (Brandt, Craig) (Entered: 08/14/2006)

08/14/2006 08/14/2006 08/14/2006 08/14/2006 08/14/2006 08/14/2006 08/17/2006
08/18/2006 08/18/2006 08/18/2006
08/18/2006
08/21/2006
08/23/2006 08/25/2006

402 MEMORANDUM in Support re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Brandt, Craig) (Entered: 08/14/2006)
403 CERTIFICATE OF SERVICE by Verne A Hall re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions, 402 Memorandum in Support of Motion (Brandt, Craig) (Entered: 08/14/2006)
404 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Best Buy Co., Inc. re 400 Reply. (Lentz, Charles) (Entered: 08/14/2006)
405 Declaration of Charles O. Lentz in Support of 400 Reply filed by Best Buy Co., Inc.. (Attachments: # 1 Exhibit(s) Exhibit A# 2 Exhibit(s) Exhibit B# 3 Exhibit(s) Exhibit C# 4 Exhibit(s) Exhibit D# 5 Exhibit(s) Exhibit E)(Lentz, Charles) (Entered: 08/14/2006)
406 Second AFFIDAVIT in Support of Reply to Plaintiff's Opposition to Motion for Summary Judgment. (Lentz, Charles) (Entered: 08/14/2006)
407 CERTIFICATE OF SERVICE by Best Buy Co., Inc. re: Reply to Plaintiff's Opposition to Motion for Summary Judgment (Lentz, Charles) (Entered: 08/14/2006)
408 MEMORANDUM by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 08/17/2006)
409 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 408 Memorandum, (Evans, Janet) (Entered: 08/18/2006)
410 MOTION to Permit Reply Brief in Support of Plaintiffs' Motion to Adjust Word Limits for Certain Briefs re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions by Verne A Hall. (Brandt, Craig) (Entered: 08/18/2006)
411 MEMORANDUM in Support re 410 MOTION to Permit Reply Brief in Support of Plaintiffs' Motion to Adjust Word Limits for Certain Briefs re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions filed by Verne A Hall. (Attachments: # 1 Exhibit A# 2 LR7.1 Word Count Compliance Certificate)(Brandt, Craig) (Entered: 08/18/2006)
412 CERTIFICATE OF SERVICE by Verne A Hall re 411 Memorandum in Support of Motion,, 410 MOTION to Permit Reply Brief in Support of Plaintiffs' Motion to Adjust Word Limits for Certain Briefs re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions (Brandt, Craig) (Entered: 08/18/2006)
413 MEMORANDUM in Opposition re 410 MOTION to Permit Reply Brief in Support of Plaintiffs' Motion to Adjust Word Limits for Certain Briefs re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Evans, Janet) (Entered: 08/21/2006)
414 NOTICE by Verne A Hall re 401 MOTION Adjust Word Limits for Certain Briefs in Opposition to Defendants' Pending Summary Judgment Motions Re: Withdrawal of Motion (Attachments: # 1 Certificate of Service)(Boehmke, Julie) (Entered: 08/23/2006)
415 MEMORANDUM in Opposition re 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims Placeholder − Brief Filed Under Seal filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Brandt, Craig) SEALED DOCUMENTS RECEIVED

08/25/2006 08/25/2006 08/25/2006 08/25/2006 08/25/2006 08/25/2006 08/25/2006 08/25/2006
08/25/2006

IN CLERK'S OFFICE ON 8/25/2006. (KT) (Entered: 08/25/2006)
416 AFFIDAVIT of Joseph M. Murphy in OPPOSITION TO 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Verne A Hall. (Brandt, Craig) (Entered: 08/25/2006)
417 AFFIDAVIT of James Diesing in OPPOSITION TO 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Verne A Hall. (Brandt, Craig) (Entered: 08/25/2006)
418 AFFIDAVIT of Katherine E. Palys in OPPOSITION TO 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Verne A Hall. (Brandt, Craig) (Entered: 08/25/2006)
419 AFFIDAVIT of Jerry Elzea in OPPOSITION TO 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Verne A Hall. (Brandt, Craig) (Entered: 08/25/2006)
420 AFFIDAVIT of Leah C. Nordquist in OPPOSITION TO 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Verne A Hall. (Attachments: # 1 Ex. A)(Brandt, Craig) (Entered: 08/25/2006)
421 AFFIDAVIT of Gerald Nanninga in OPPOSITION TO 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Verne A Hall. (Attachments: # 1 Placeholder for Ex. A)(Brandt, Craig) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 8/25/2006 (KT). (Entered: 08/25/2006)
422 MEMORANDUM in Opposition re 317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall filed by all plaintiffs. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Foster, Wood) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 8/25/2006. (KT) (Entered: 08/25/2006)
423 AFFIDAVIT of Wood R. Foster, Jr. in OPPOSITION TO 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La, 325 MOTION for Summary Judgment on Claims Raised by Plaintiff Loeb, 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan, 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder filed by all plaintiffs. (Attachments: # 1 Certificate of Service)(Foster, Wood) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 8/25/2006. (KT) (Entered: 08/25/2006)
424 AFFIDAVIT of Ronda S. Hagglund in OPPOSITION TO 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser, 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La, 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris

08/25/2006 08/25/2006
08/25/2006 08/25/2006

Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan, 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens, 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder filed by Verne A Hall. (Attachments: # 1 Placeholder for Confidential Exhibits# 2 Ex. 2# 3 Ex. 4# 4 Exs. 10−12# 5 Exs. 14−16# 6 Exs. 25−26# 7 Ex. 31# 8 Ex. 49# 9 Ex. 51a# 10 Ex. 51b# 11 Ex. 54# 12 Ex. 55# 13 Ex. 72# 14 Ex. 95a# 15 Ex. 95b# 16 Ex. 95c# 17 Ex. 96a# 18 Ex. 96b1# 19 Ex. 96b2# 20 Ex. 96c# 21 Ex. 97a# 22 Ex. 97b# 23 Ex. 97c# 24 Ex. 102# 25 Ex. 103# 26 Ex. 106# 27 Ex. 117# 28 Exs. 119−125# 29 Ex. 130# 30 Ex. 131−136# 31 Ex. 143−145# 32 Ex. 149# 33 Exs. 150 &153# 34 Exs. 154−155# 35 Exs. 156−157# 36 Exs. 159−160, 167, 173, 176# 37 Exs. 181, 182, 186, 187, 193, 194, 195# 38 Exs. 198, 200, 201, 202, 203, 210, 211, 214, 216# 39 Exs. 217−219, 223, 226, 252−253, 262, 270, 275, 286, 288# 40 Exs. 293−295, 297−298, 300# 41 Exs. 301, 304, 306−307# 42 Exs. 315−316, 332−334# 43 Exs. 342−343, 346−348# 44 Exs. 352, 359, 365−367, 369, 372−373, 377, 379−382# 45 Exs. 383, 385, 393, 395−397)(Brandt, Craig) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE on 8/25/2006 (KT). (Entered: 08/25/2006)
425 MEMORANDUM in Opposition re 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Boehmke, Julie) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 8/25/2006. (KT) (Entered: 08/25/2006)
426 MEMORANDUM in Opposition re 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La, 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan, 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder placeholder only − filed under seal filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate DOCUMENT FILED IN ERROR − WILL RE−FILE CERT. of SERVICE # 2 Certificate of Service)(Boehmke, Julie) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 8/25/2006. (KT) Modified on 8/28/2006 (jam). (Entered: 08/25/2006)
427 EXHIBIT re 424 Affidavit in Opposition to Motion,,,,,,,,, R. Hagglund Aff. − Exs. 398−399, 405−406, 410, 412, 415, 418 by Verne A Hall filed by Verne A Hall. (Attachments: # 1 Exs. 428, 432, 437, 448, 453−456# 2 Exs. 457−461# 3 Ex. 462# 4 Exs. 463−464, 468, 477−484, 489# 5 Exs. 490−498, 502, 504−506, 511−516)(Brandt, Craig) (Entered: 08/25/2006)
428 AFFIDAVIT of Julie L. Boehmke in OPPOSITION TO 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La, 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson, 332 MOTION for Summary

08/25/2006 08/25/2006
08/25/2006 08/25/2006 08/25/2006 08/25/2006 08/25/2006

Judgment Dismissing the Individual Age Discrimination Claims, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder (placeholder only − filed under seal) filed by Verne A Hall. (Boehmke, Julie) Modified on 8/25/2006 (jam). SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE on 8/25/2006 (KT). (Entered: 08/25/2006)
429 CERTIFICATE OF SERVICE by Verne A Hall re 418 Affidavit in Opposition to Motion, 424 Affidavit in Opposition to Motion,,,,,,,,,, 415 Memorandum in Opposition to Motion,, 421 Affidavit in Opposition to Motion, 417 Affidavit in Opposition to Motion, 416 Affidavit in Opposition to Motion, 427 Exhibit,, 420 Affidavit in Opposition to Motion, 419 Affidavit in Opposition to Motion (Brandt, Craig) (Entered: 08/25/2006)
430 AFFIDAVIT of June Pineda in OPPOSITION TO 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser, 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La, 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder filed by Verne A Hall. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Exhibit(s) 3# 4 Exhibit(s) 4# 5 Exhibit(s) 5# 6 Exhibit(s) 6# 7 Exhibit(s) 7# 8 Exhibit(s) 8# 9 Exhibit(s) 9# 10 Exhibit(s) 10# 11 Exhibit(s) 11# 12 Exhibit(s) 12# 13 Exhibit(s) 13# 14 Exhibit(s) 14# 15 Exhibit(s) 15# 16 Exhibit(s) 16)(Boehmke, Julie) (Entered: 08/25/2006)
431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 08/25/2006)
432 NOTICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane (Evans, Janet) (Entered: 08/25/2006)
433 DOCUMENT FILED IN ERROR, WILL Re−FILE. MEMORANDUM in Support re 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) Modified on 8/25/2006 (JME). (Entered: 08/25/2006)
434 Declaration of Janet C. Evans in Support of 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) A# 3 Exhibit(s) B)(Evans, Janet) (Entered: 08/25/2006)
435 MEMORANDUM in Support re 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane (Corrected) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 08/25/2006)

08/25/2006 08/25/2006 08/25/2006 08/25/2006
08/25/2006
08/25/2006 08/28/2006 08/28/2006 08/30/2006 08/30/2006 08/30/2006 08/31/2006 08/31/2006 08/31/2006 08/31/2006

436 MOTION for Order to Set a Scheduling Conference by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Certificate of Compliance with LR 37.1)(Evans, Janet) (Entered: 08/25/2006)
437 NOTICE OF HEARING ON MOTION 436 MOTION for Order to Set a Scheduling Conference: Motion Hearing set for 9/8/2006 09:00 AM in Minneapolis − Courtroom 8E before Magistrate Judge Arthur J Boylan. (Evans, Janet) (Entered: 08/25/2006)
438 MEMORANDUM in Support re 436 MOTION for Order to Set a Scheduling Conference filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 08/25/2006)
439 Declaration of Joel A. Mintzer in Support of 436 MOTION for Order to Set a Scheduling Conference filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) A−D# 3 Placeholder for Exhibit E# 4 Exhibit(s) F−G# 5 Placeholder for Exhibit H# 6 Exhibit(s) I# 7 Placeholder for Exhibit J# 8 Exhibit(s) K, Part 1# 9 Exhibit(s) K, Part 2# 10 Exhibit(s) L−N)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 8/25/2006 (KT). (Entered: 08/25/2006)
440 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 434 Declaration in Support,, 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane, 435 Memorandum in Support of Motion,, 432 Notice (Other) (Evans, Janet) (Entered: 08/25/2006)
441 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 438 Memorandum in Support of Motion, 436 MOTION for Order to Set a Scheduling Conference, 439 Declaration in Support,, 437 Notice of Hearing on Motion (Evans, Janet) (Entered: 08/25/2006)
442 CERTIFICATE OF SERVICE by Verne A Hall re 430 Affidavit in Opposition to Motion,,,,,,, 426 Memorandum in Opposition to Motion,,,,,, 428 Affidavit in Opposition to Motion,,,, (Boehmke, Julie) (Entered: 08/28/2006)
443 NOTICE by Verne A Hall re 387 APPLICATION to File Conventionally by Verne A Hall Withdrawal of Application to File Conventionally (Brandt, Craig) (Entered: 08/28/2006)
444 MEMORANDUM in Opposition re 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Snyder, Stephen) (Entered: 08/30/2006)
445 AFFIDAVIT of Craig A. Brandt in OPPOSITION TO 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane filed by Verne A Hall. (Attachments: # 1 Exhibit(s) Exhibit Index, Exhibits A and B)(Snyder, Stephen) (Entered: 08/30/2006)
446 CERTIFICATE OF SERVICE by Verne A Hall re 444 Memorandum in Opposition to Motion, 445 Affidavit in Opposition to Motion, (Snyder, Stephen) (Entered: 08/30/2006)
447 LETTER TO MAGISTRATE JUDGE by Verne A Hall. (Snyder, Stephen) (Entered: 08/31/2006)
448 MEMORANDUM in Opposition re 436 MOTION for Order to Set a Scheduling Conference filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Snyder, Stephen) (Entered: 08/31/2006)
449 AFFIDAVIT of Laurie A. Knocke in OPPOSITION TO 436 MOTION for Order to Set a Scheduling Conference including Exhibit A filed by Verne A Hall. (Snyder, Stephen) (Entered: 08/31/2006)
450 CERTIFICATE OF SERVICE by Verne A Hall re 448 Memorandum in Opposition to Motion, 449 Affidavit in Opposition to Motion (Snyder, Stephen) (Entered: 08/31/2006)

08/31/2006 08/31/2006 08/31/2006 09/06/2006 09/08/2006
09/08/2006 09/12/2006 09/12/2006 09/12/2006 09/12/2006 09/12/2006 09/14/2006
09/14/2006
09/14/2006
09/15/2006

451 MEMORANDUM in Opposition re 392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Snyder, Stephen) (Entered: 08/31/2006)
452 AFFIDAVIT in Opposition re 392 Motion to Compel. (Attachments: # 1 Exhibit(s))(Snyder, Stephen) Modified on 8/31/2006 (gjs). (Entered: 08/31/2006)
453 CERTIFICATE OF SERVICE by Verne A Hall re 451 Memorandum in Opposition to Motion (Snyder, Stephen) (Entered: 08/31/2006)
454 AFFIDAVIT of Deborah M. Norvold in OPPOSITION TO 392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane (Corrected) filed by Verne A Hall. (Attachments: # 1 Certificate of Service)(Knocke, Laurie) (Entered: 09/06/2006)
455 Minute Entry for proceedings held before Magistrate Judge Arthur J Boylan : Motion Hearing held on 9/8/2006. re 392 MOTION to Compel the Production of Back−Up Calculations to the Expert Report of Joseph B. Kadane filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc; 436 MOTION for Order to Set a Scheduling Conference filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. Motions taken under advisement as of: 9/8/06. Order to be issued. (Tape #5) (SEA) (Entered: 09/08/2006)
456 NOTICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 436 MOTION for Order to Set a Scheduling Conference (Withdrawal of Motion) (Attachments: # 1 Certificate of Service)(Evans, Janet) (Entered: 09/08/2006)
457 MOTION to Sever Claims Raised by Plaintiff Loeb by Best Buy Co., Inc.. (Lentz, Charles) (Entered: 09/12/2006)
458 NOTICE by Best Buy Co., Inc. re 457 MOTION to Sever Claims Raised by Plaintiff Loeb of Briefing Schedule (Lentz, Charles) (Entered: 09/12/2006)
459 MEMORANDUM in Support re 457 MOTION to Sever Claims Raised by Plaintiff Loeb with attached Certificate of Word Count Compliance filed by Best Buy Co., Inc.. (Attachments: # 1)(Lentz, Charles) (Entered: 09/12/2006)
460 CERTIFICATE OF SERVICE by Best Buy Co., Inc. re 457 MOTION to Sever Claims Raised by Plaintiff Loeb ,Notice of Briefing Schedule, Memorandum of Law in Support, Certificate of Word Count Compliance, Proposed Order (Lentz, Charles) (Entered: 09/12/2006)
461 ORDER denying 392 Motion to Compel Back−up calculations. Signed by Magistrate Judge Arthur J Boylan on 9/12/06. (RJL) (Entered: 09/12/2006)
462 REPLY re 317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall *Placeholder* filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/14/2006)
463 REPLY re 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims *Placeholder* filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/14/2006)
464 Second Declaration of Kelly K. Pierce in Support of 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Placeholder for Exhibit 382# 3 Exhibit(s) 504)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/14/2006)
465 REPLY re 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance

09/15/2006 09/15/2006 09/15/2006 09/15/2006 09/15/2006 09/15/2006 09/15/2006 09/15/2006 09/15/2006

Certificate)(Evans, Janet) (Entered: 09/15/2006)
466 Second Declaration of Kari Thoe Crone in Support of 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Exhibit 203)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
467 REPLY re 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder (Placeholder) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Poulos, Sara) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
468 REPLY re 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La (Placeholder) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Slaughter, Stacey) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
469 REPLY re 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens (Placeholder) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Mintzer, Joel) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
470 REPLY re 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan (Placeholder) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Mintzer, Joel) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
471 REPLY re 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson (Placeholder) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Mintzer, Joel) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
472 Declaration of Louise Bautch−Holton in Support of 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Exhibit A)(Mintzer, Joel) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
473 Declaration of Lori Holm in Support of 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Mintzer, Joel) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
474 REPLY re 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser (Placeholder) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Poulos, Sara) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)

09/15/2006
09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/18/2006 09/29/2006

475 Declaration of Greg Graham in Support of 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La, 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan, 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Exhibit(s) Index# 2 Exhibit(s) 1# 3 Exhibit(s) 2# 4 Placeholder for Exhibits 3−5# 5 Exhibit(s) 6# 6 Placeholder for Exhibits 7−11# 7 Exhibit(s) 12# 8 Exhibit(s) 13, Part 1# 9 Exhibit(s) 13, Part 2# 10 Exhibit(s) 13, Part 3# 11 Exhibit(s) 13, Part 4)(Mintzer, Joel) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 9/15/2006. (KT) (Entered: 09/15/2006)
476 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 462 Reply, (Evans, Janet) (Entered: 09/18/2006)
477 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 463 Reply,, 464 Declaration in Support, (Evans, Janet) (Entered: 09/18/2006)
478 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 465 Reply,, 466 Declaration in Support, (Evans, Janet) (Entered: 09/18/2006)
479 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 468 Reply, (Slaughter, Stacey) (Entered: 09/18/2006)
480 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 467 Reply, (Poulos, Sara) (Entered: 09/18/2006)
481 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 474 Reply, (Poulos, Sara) (Entered: 09/18/2006)
482 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 469 Reply, (Mintzer, Joel) (Entered: 09/18/2006)
483 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 470 Reply, (Mintzer, Joel) (Entered: 09/18/2006)
484 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 473 Declaration in Support,, 472 Declaration in Support,, 471 Reply, (Mintzer, Joel) (Entered: 09/18/2006)
485 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 475 Declaration in Support,,,,,, (Mintzer, Joel) (Entered: 09/18/2006)
486 NOTICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 431 MOTION for Order to File Reply Brief Regarding the Expert Testimony of Dr. Joseph Kadane (Withdrawal of Motion) (Attachments: # 1 Certificate of Service)(Evans, Janet) (Entered: 09/18/2006)
487 NOTICE of hearing rescheduling. (dch) (Entered: 09/18/2006)
488 MEMORANDUM in Opposition re 457 MOTION to Sever Claims Raised by Plaintiff Loeb filed by Jeffrey Loeb. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Shulman, David) (Entered: 09/29/2006)

09/29/2006 10/11/2006 10/11/2006 10/13/2006 10/26/2006 10/31/2006 10/31/2006 10/31/2006 10/31/2006
11/01/2006
11/01/2006 11/06/2006 11/17/2006 11/21/2006

489 CERTIFICATE OF SERVICE by Jeffrey Loeb re 488 Memorandum in Opposition to Motion to Sever (Shulman, David) (Entered: 09/29/2006)
490 REPLY to Response to Motion re 457 MOTION to Sever Claims Raised by Plaintiff Loeb with attached Certificate of Word Count Compliance filed by Best Buy Co., Inc.. (Attachments: # 1)(Lentz, Charles) (Entered: 10/11/2006)
491 CERTIFICATE OF SERVICE by Best Buy Co., Inc. re 490 Reply to Response to Motion to Sever (Lentz, Charles) (Entered: 10/11/2006)
492 AMENDED NOTICE OF FINAL SETTLEMENT CONFERENCE: Settlement Conference set for 12/7/2006 09:00 AM, In Chambers Hearing before Magistrate Judge Arthur J Boylan. Signed by Magistrate Judge Arthur J Boylan on 10/13/06. (akl) (Entered: 10/13/2006)
493 ORDER setting October 31, 2006 deadline re: submissions(Written Opinion). Signed by Judge Michael J. Davis on 10/26/2006. (SMS) (Entered: 10/26/2006)
494 REPORT re 493 Order Chart of Citations Re: Summary Judgment by Jeffrey Loeb. (Shulman, David) (Entered: 10/31/2006)
495 CERTIFICATE OF SERVICE by Jeffrey Loeb re 494 Report Chart of Record Citations (Shulman, David) (Entered: 10/31/2006)
496 LETTER TO DISTRICT JUDGE by Verne A Hall in response to paragraph 2 of 10/26/06 Order. (Attachments: # 1 Chart−Pattern or Practice Brief# 2 Chart−Decertification Brief# 3 Chart−Disparate Impact Brief# 4 Chart−Brief on Individual Claims# 5 Certificate of Service)(Knocke, Laurie) (Entered: 10/31/2006)
497 DOCUMENT FILED IN ERROR − DUPLICATE LETTER TO DISTRICT JUDGE by Verne A Hall in response to paragraph 2 of 10/26/06 Order. (Attachments: # 1 Chart−Pattern or Practice Brief# 2 Chart−Decertification Brief# 3 Chart−Disparate Impact Brief# 4 Chart−Brief on Individual Claims# 5 Certificate of Service)(Knocke, Laurie) Modified on 10/31/2006 (jam). (Entered: 10/31/2006)
498 LETTER TO DISTRICT JUDGE by Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Thomas Aubrecht, Edwin Boyd, Lance V. Commander, Steven Grooms, Joy G Piao, Edwin Hom, Craig Koehnen, Scott Landstrom, Douglas Neeser, Lori Santillo, Arlene Snyder, Boris L Rabichev, Sally VanBrocklin, William Wilde, Richard Woitte, Kenneth Clarin, Opt in Plaintiffs, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 11/01/2006)
499 LETTER TO DISTRICT JUDGE by Jeffrey Loeb, Best Buy Co., Inc.. (Lentz, Charles) (Entered: 11/01/2006)
500 ORDER Plaintiffs' request to appear at the settlement conference through their Steering Committee members is granted. Signed by Magistrate Judge Arthur J. Boylan on 11/06/2006. (jc) (Entered: 11/06/2006)
501 STIPULATION to Sever Claims Raised by Plaintiff Loeb with attachment, Exhibit A, Documents Currently Part of Docket in Hall to Be Moved to Restored Docket in Loeb, and attachment, Certificate of Service by Best Buy Co., Inc.. (Attachments: # 1 # 2)(Lentz, Charles) (Entered: 11/17/2006)
502 ORDER re 501 Stipulation, filed by Best Buy Co., Inc., . Signed by Judge Michael J. Davis on 11/21/06. (kmw) Additional attachment: # 1 added on

11/22/2006 11/22/2006 11/27/2006
11/28/2006 11/28/2006 12/08/2006 12/15/2006 01/18/2007

11/22/2006 (jgg). (Entered: 11/21/2006)
503 LETTER TO DISTRICT JUDGE by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Certificate of Service)(Evans, Janet) (Entered: 11/22/2006)
504 LETTER TO DISTRICT JUDGE by Verne A Hall enclosing two recent cases. (Attachments: # 1 Certificate of Service)(Brandt, Craig) (Entered: 11/22/2006)
507 Minute Entry for proceedings held before Judge Michael J. Davis : Motion Hearing held on 11/27/2006 re 345 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Susan Aschenbeck, Eddie Boyd, David Draper, Steven Grooms, Verne Hall, Richard Hartmann, Paul Holtan, Vaughn Edwin James, Glenn Juntti, Sharon Kelly, Randy Knox, La filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 332 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Ron Clausen, Roy Okins, Boris Rabichev, Marina Vorobeychik, Richard Walstrom, Hong Yan filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 225 MOTION to Exclude Liability Testimony of Dr. Elizabeth Becker filed by Opt in Plaintiffs,, 359 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Debra Foster, Lori Boehlke, Donald Brennan, Linda Giles, Edwin Hom, Andre Hudson filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 364 MOTION for Summary Judgment Dismissing Count I, Plaintiffs' Pattern and Practice Claims filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 317 MOTION for Order to Decertify Plaintiffs' ADEA Claims and to Sever and Dismiss the ADEA and MHRA Claims of All Named Plaintiffs Except Verne A. Hall filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 355 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of Plaintiffs Erik Jothen and Hugh Juergens filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 321 MOTION for Summary Judgment Dismissing Count III, Plaintiffs' Disparate Impact Claims filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 349 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Janice Hanson, Craig Koehnen, Douglas Neeser filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,, 340 MOTION for Summary Judgment Dismissing the Individual Age Discrimination Claims of: Tom Aubrecht, Roberta Filler Carlson, Lance Commander, Fangpai Chen, Gary Flemino, Sally Kleiner, Scott Landstrom, Xiao Liu, Arlene Snyder filed by Best Buy Company, Inc.,, Best Buy Enterprise Services Inc,. (Court Reporter Lori Simpson) (SMS) (Entered: 12/01/2006)
505 Second Declaration of Joel A. Mintzer in Support of 223 MOTION to Exclude the Profferred Expert Testimony of Dr. Joseph B. Kadane filed by all defendants. (Attachments: # 1 Placeholder for Exhbits 25−27# 2 Exhibit(s) 28# 3 Exhibit(s) 29 (Part 1 of 2)# 4 Exhibit(s) 29 (Part 2 of 2)# 5 Certificate of Service)(Mintzer, Joel) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 11/28/2006. (KT) (Entered: 11/28/2006)
506 LETTER TO DISTRICT JUDGE by Verne A Hall. (Attachments: # 1 Affidavit of Stephen J. Snyder# 2 Placeholder for Exhibits A and B to Affidavit of Stephen J. Snyder# 3 Certificate of Service)(Snyder, Stephen) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE ON 11/28/2006. (KT) (Entered: 11/28/2006)
508 Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan : Settlement Conference held on 12/8/2006. No Settlement Reached. (RJL) (Entered: 12/08/2006)
***TEXT ONLY ENTRY*** NOTICE to Attorney: A status conference is scheduled before Judge Michael J. Davis in Courtroom 14E on Thursday, January 18, 2006 at 10:30 a.m. (kmw) (Entered: 12/15/2006)
509 Minute Entry for proceedings held before Judge Michael J. Davis : Status Conference held on 1/18/2007. (Court Reporter Lori Simpson) (SMS) (Entered: 01/18/2007)

01/18/2007 01/18/2007 01/26/2007 01/26/2007 03/19/2007 03/20/2007 03/30/2007 03/30/2007 03/30/2007
03/30/2007
03/30/2007
03/30/2007
04/03/2007
04/04/2007

510 MEMORANDUM by Verne A Hall Regarding Trial of a Pattern or Practice Case filed by Verne A Hall. (Attachments: # 1 Certificate of Service)(Snyder, Stephen) (Entered: 01/18/2007)
511 SPECIAL MASTER ORDER . Signed by Judge Michael J. Davis on 1/18/07. (kmw) (Entered: 01/18/2007)
512 MEMORANDUM by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 510 Memorandum Regarding Trial filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Evans, Janet) (Entered: 01/26/2007)
513 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 512 Memorandum, Regarding Trial (Evans, Janet) (Entered: 01/26/2007)
514 TRANSCRIPT of Motions Hearing held on 11/27/06 before Judge Michael J Davis. Court Reporter: Lori A Simpson. (244pgs) FILED CONVENTIONALLY (kt) (Entered: 03/19/2007)
515 NOTICE OF WITHDRAWAL FROM CASE by Best Buy Company, Inc., Best Buy Enterprise Services Inc (Attachments: # 1 Certificate of Service)(Evans, Janet) (Entered: 03/20/2007)
516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 03/30/2007)
517 NOTICE OF HEARING ON MOTION 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson: (Evans, Janet) (Entered: 03/30/2007)
518 AFFIDAVIT of Barbara J. Weiss (Placeholder) in SUPPORT OF 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Exhibit A)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/2/2007. (KT) (Entered: 03/30/2007)
519 AFFIDAVIT of Joseph G. Schmitt (Placeholder) in SUPPORT OF 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Exhibits A, B &C)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/2/2007. (KT) (Entered: 03/30/2007)
520 AFFIDAVIT of Jeannie Moran (Placeholder) in SUPPORT OF 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/2/2007. (KT) (Entered: 03/30/2007)
521 MEMORANDUM in Support re 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson (Placeholder) filed by Best Buy Company, Inc., Best Buy Enterprise Services Inc. (Attachments: # 1 Placeholder for Appendix# 2 LR7.1 Word Count Compliance Certificate)(Evans, Janet) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/2/2007. (KT) (Entered: 03/30/2007)
522 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 521 Memorandum in Support of Motion,, 520 Affidavit in Support of Motion, 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson, 519 Affidavit in Support of Motion,, 517 Notice of Hearing on Motion, 518 Affidavit in Support of Motion, (Evans, Janet) (Entered: 04/03/2007)
523 MEMORANDUM in Opposition re 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson (placeholder − document filed under seal) filed by Verne A Hall. (Attachments: # 1 LR7.1 Word Count Compliance Certificate) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 4/4/07. (Boehmke, Julie) Modified on 4/5/2007 (akl). (Entered: 04/04/2007)

04/04/2007 04/04/2007 06/06/2007
06/06/2007 06/12/2007

524 AFFIDAVIT of Julie L. Boehmke in OPPOSITION TO 516 MOTION in Limine to Exclude Trial Testimony of Gregory A. Thorson (placeholder − document filed under seal) filed by Verne A Hall. (Attachments: # 1 Placeholder for Exs. A−L# 2 Exhibit Index) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 4/4/07. (Boehmke, Julie) Modified on 4/5/2007 (akl). (Entered: 04/04/2007)
525 CERTIFICATE OF SERVICE by Verne A Hall re 524 Affidavit in Opposition to Motion,, 523 Memorandum in Opposition to Motion, (Boehmke, Julie) (Entered: 04/04/2007)
526 STIPULATION of Dismissal with Prejudice by Best Buy Company, Inc., Best Buy Enterprise Services Inc, Roberta S (Filler) Carlson, John J Carney, Fang−Pai Chen, Ronnie B Clausen, David L Draper, Gary L Flemino, Debra Jean Foster, Linda K Giles, Janice B Hanson, Richard W Hartmann, Verne A Hall, Paul O Holtan, Audre M Hudson, Oleg Ivanov, Vaughn Edwen James, Hugh F Juergens, Glen A Juntti, Sharon L Kelly, Vladimir Kessler, Sally M Kleiner, Randall S Knox, Erik M Jothen, LeRae L Lemon, Shawn Xiao Liu, Esther G Mazurek, Daniel J McKenzie, Thomas M Noska, Roy D Okins, Richard David Olund, Gregory J Pettis, Thomas Aubrecht, Edwin Boyd, Lance V. Commander, Steven Grooms, Joy G Piao, Edwin Hom, Craig Koehnen, Scott Landstrom, Douglas Neeser, Lori Santillo, Arlene Snyder, Boris L Rabichev, Sally VanBrocklin, William Wilde, Richard Woitte, Kenneth Clarin, Opt in Plaintiffs, Joy M Reinhart, Susan J Aschenbeck, JoAnn Baird Shoemaker, Kent D Smith, Lynette M Steuck, Gregory K Stoner, Billy S Summers, Marina Vorobeychik, Richard L Walstrom, Philip B Winters, Ernest R Zahradka, Best Buy Company, Inc., Donald P Brennan, Best Buy Enterprise Services Inc. (Evans, Janet) (Entered: 06/06/2007)
527 CERTIFICATE OF SERVICE by Best Buy Company, Inc., Best Buy Enterprise Services Inc re 526 Stipulation of Dismissal (Evans, Janet) (Entered: 06/06/2007)
528 ORDER DISMISSING CASE re 526 . Signed by Judge Michael J. Davis on 6/12/07. (kmw) (Entered: 06/12/2007)

 
 Hall v. Best Buy Co.
United States District Court for the District of Minnesota June 15, 2006, Decided ; June 15, 2006, Filed
Civil File No. 04-4812 (MJD/AJB), Civil File No. 05-720 (MJD/AJB)

Reporter: 2006 U.S. Dist. LEXIS 40235 VERNE A. HALL, et al., Plaintiffs v. BEST BUY COMPANY, INC. and BEST BUY ENTERPRISE SERVICES, INC., Defendants; JEFFERY LOEB, Plaintiff v. BEST BUY COMPANY, INC. and BEST BUY ENTERPRISE SERVICES, INC., Defendants
Subsequent History: Motion granted by Hall v. Best Buy Co., 2006 U.S. Dist. LEXIS 56515 (D. Minn., Aug. 11, 2006) Summary judgment granted by Loeb v. Best Buy Co., 2007 U.S. Dist. LEXIS 58039 (D. Minn., Aug. 6, 2007)
Counsel: [*1] Stephen J. Snyder, Gray Plant, Mooty, Mooty & Bennett, P.A., Counsel for Plaintiffs.
David L. Shulman, Law Office of David L. Shulman, PLLC, Counsel for Plaintiff Jeffery Loeb.

Judges: Michael J. Davis, United States District Judge
Opinion by: Michael J. Davis
Opinion
ORDER
These two cases are related. In the interest of judicial economy, the Court HEREBY ORDERS that the case captioned Loeb v. Best Buy, No. 05-720 (MJD/AJB) be closed, and that Loeb become part of the main case, Hall et al. v. Best Buy, No. 04-4812 (MJD/AJB). The Pretrial Scheduling Order issued in Hall and the amendments thereto shall now apply to Loeb also.

Wood R. Foster, Jr., Siegel, Brill, Greupner, Duffy & Foster, P.A., Counsel for Opt-in Plaintiffs.
Janet C. Evans, Robins, Kaplan, Miller & Ciresi, L.L.P. Counsel for Defendants.

Dated: June 15, 2006 s/ Michael J. Davis United States District Court