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Federal Judge Rules Supervalu Age-Discrimination Case to Go to Trial

Gray Plant Mooty

  March 17, 2003

"Eliminate the old people," reads Supervalu meeting notes quoted in decision.

U.S. District Judge Ann D. Montgomery ruled that the Supervalu age-discrimination case will go to trial, denying Supervalu's motion for a summary dismissal of the case. "Plaintiffs have demonstrated sufficient evidence," she wrote in her 31-page opinion, "supported by the record, suggesting a pattern or practice of discriminatory conduct by Supervalu."

The evidence discussed in the opinion includes notes from a meeting of company executives on January 29, 1998 in which Leland Dake, a Supervalu vice president, is quoted as saying, "This is how we stay legal, to eliminate the old people from the system." In the months that followed, the plaintiffs jobs were eliminated by Supervalu.

A company memo, described in the ruling, discusses targeting older workers, but notes that a possible "con" is that this was "almost sure to provoke (an) age discrimination suit," and would cause "damage to company image." The court's ruling quoted deposition testimony from a former vice president who was fired shortly after he had told Jeffrey Noddle that employees "were being systematically eliminated because of their ages." Mr. Noddle is now the chairman and CEO of Supervalu.

Stephen Snyder, the lead attorney for the plaintiffs and a principal at the Minneapolis law firm of Gray Plant Mooty, said, "The plaintiffs are hard-working individuals who performed well for Supervalu and did not deserve to be fired because of their age. Federal and state laws prohibit this type of discrimination."

The case was originally filed on June 16, 2000 by former Supervalu employees Eugene F. Koren, Robert E. Mjolsness, Richard G. Olson, John H. Stinson, and William R. Troehler.

Contact:

     Gray Plant Mooty, Minneapolis

     Stephen Snyder, 612/343-2934

     stephen.snyder@gmlaw.com

     or

     Snow Communications

     Joshua Schneck, 612/337-0748

     jschneck@cybersnow.com

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