DAVENPORT - A federal judge has certified a class action lawsuit in the legal action brought against Deere & Co. by a group of company retirees.

U.S. District Judge Charles Wolle ruled that the suit by the Flex Retirees Organization, or FRO, can proceed as a class action on two counts of the four-count complaint.

The lawsuit, filed last fall in U.S. District Court, Davenport, stems from a new benefits plan that Deere rolled out in 1997. The plan affected 5,000 of Deere's flex retirees, mostly salaried employees.

The retirees claim the changes represent a reduction of their benefits. The case is seeking that Deere restore the benefits as they existed in 2007.

Deere has claimed the changes allow retirees to be more involved in their health- care decisions.

The Moline-based company also has said the plan leverages recent changes made in federal laws.

In his Dec. 24 ruling, Wolle stipulated two counts for class treatment.

According to the order, one or more members of a class may sue if: the plaintiffs are too numerous to all join the suit; if there are questions of law or fact common to the class; if the claims or defenses of the representative parties are typical of the class; and if the representative parties will fairly and adequately protect the class'

interests.

The suit names retirees Dora Brubaker, Thomas Blosch and Michael Stohlmeyer as plaintiffs, but FRO has said the case represents all the flex retirees.

Wolle certified the class for Count I and IV of the complaint. In Count I, the plaintiffs allege Deere violated Employee Retirement Income Security Act, or ERISA, and terms of the plans. In Count IV, the suit alleges Deere violated disclosure requirements and claims procedure requirements.

Deere argued that the named plaintiffs lack constitutional standing to pursue their claims and that they "actually benefited from the plan amendment at issue."

Deere also argued the named plaintiffs "must allege and show that they personally have been injured, not that injury has been suffered by other unidentified members of the class."

Phoenix attorney Dan Bonnett, who is representing FRO on the matter, said Deere stipulated to class status for Counts I and IV.

Of the judge's ruling, Bonnett said class action status "is

generally considered to be a significant development in any case, especially on ERISA. This means the rulings the court will make will have an effect on the entire class."

Wolle set a trial date of

Sept. 21. Depending on how many counts remain at issue, it could last between two and four weeks.

"It's apparent he wants this resolved quickly," Bonnett said of the judge's action. He added that the retirees will have to re-enroll in their health plans later this year and "so a decision has to be made in time."

Jennifer DeWitt can be contacted at (563) 383-2318 or jdewitt@qctimes.com.