Henderson v. Oregon
Opinion
Lead Opinion
MEMORANDUM **
Scroiacroce-Appellants appeal both the district court’s grant of summary judgment for Stmíacroce-Appellees, and its denial of their motion to reopen. We affirm. ETraer-Appellants appeal both the district court’s denial of their motion to reopen and its dismissal as moot of their declaratory judgment action. We affirm in part and reverse in part. Efroer-Appellants move to strike the State of Oregon’s affidavit not included in either district court record. We grant the motion to strike.
Factual Background and Procedural History
In August 1974, female employee members of Oregon’s Public Employee Retirement System (“PERS”), filed a lawsuit in the United States District Court for the District of Oregon against the State of Oregon and the Public Employees Retirement Board (“PERB”) alleging that the use of life expectancy tables by the State of Oregon and PERB to calculate refund annuity allowance benefits of PERS members constituted sex discrimination under Title VII of the Civil Rights Act of 1964, as amended. This litigation resulted in a consent decree, entered by United States District Judge Gus J. Solomon, stating in part that PERB was