Ribble et al v. Kimberly-Clark Corporation et al

Filing 168

ORDER TO SUPPLEMENT THE RECORD in response to 167 Letter and 166 Letter, which requested clarification of the Court's direction to supplement the record provided in 163 the Motion Hearing addressing motions 70 and 77 , signed by Judge W illiam C Griesbach on 10/25/2011. The parties should provide the information as outlined in this order by stipulation within the following fourteen days or advise the Court if they are unable to reach agreement. See Order for full detail. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRENDON F. RIBBLE, et al.,
Plaintiffs,
v.

Case No. 09-C-643

KIMBERLY-CLARK WORLDWIDE INC.,
Defendant.

ORDER TO SUPPLEMENT THE RECORD

Following the hearing on the pending motions for summary judgment, the Court requested
supplementation of the record. The parties have separately written to the Court explaining their
confusion or disagreement over what the Court was ordering. Having considered the letters of the
parties and the transcript of the hearing, it appears that the Court may have narrowed its original
request as a result of K-C’s argument that some of the individuals in the department or
organizational unit identified in the Severance Agreements held different job classifications, such
as human resources or clerical, that were not considered eligible for the RIF at issue. K-C argued
that its failure to list such “outliers” in Exhibit B to the various severance agreements does not
violate the OWBPA. K-C may be correct, but in order to insure that the factual record is clear on
the issue, K-C should advise the Court whether all employees that work within the organizational
units listed in the “Reduction In Force” paragraphs of the various Severance Agreements are
included on the corresponding Exhibit B. If not, then the record should be supplemented to reflect
(1) what positions within the organizational unit listed in the “Reduction In Force” paragraph were

not included in Exhibit B; and (2) the number, if any, of persons holding the same job titles or
classifications as those selected for termination that were not included in the Exhibit B along with
their ages. The term “organizational unit,” for purposes of this request, means the department or
other subdivision of K-C’s workforce that was listed in the “Reduction In Force” paragraph of the
Severance Agreements (not a portion thereof) to indicate the class, unit or group of employees
covered by the program.
The parties shall consult with one another with a goal of supplementing the record with the
requested information in a form that will allow the Court to rely upon it in ruling on the pending
cross motions for summary judgment. In other words, the parties should provide the information
by stipulation within the following fourteen days or advise the Court if they are unable to reach
agreement.
SO ORDERED this

25th

day of October, 2011.
s/ William C. Griesbach
William C. Griesbach
United States District Judge

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