Wright et al v. Elton Corporation et al
| Helena Dupont Wright, James Mills, Joseph Wright and T. Kimberly Williams |
| Elton Corporation, Gregory Fields, First Republic Trust Company of Delaware LLC and M.C. DuPont Clark Employees Pension Trust |
| 1:2017cv00286 |
| March 17, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Vacant Judgeship (2017) |
| Christopher J. Burke |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
535
MEMORANDUM AND ORDER: The Estate of Phyllis M. Wyeth's (D.I. 503 ), Mary Mills Abel-Smith's, Katharine D. Gahagan's (D.I. 505 ) and Lucy Dunne's (D.I. 506 ) motions for leave to file a permissive appeal of this Court's Pos ttrial Order (D.I. 482 ) are granted. The Court certifies the following question on appeal to the Court of Appeals for the Third Circuit:Does the safe-harbor in 29 U.S.C. § 1081(a)(5), which excepts from ERISA's funding rules any pre-ERISA trust that "has not at any time after [ERISA's enactment] provided for employer contributions" encompass a trust that has not, post-ERISA, required employer contribution?The proceedings in this case are stayed pending interlocutory appeal. Signed by Judge Joseph F. Bataillon on 03/17/2023. (apk)
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Filing
533
MEMORANDUM AND ORDER: Christopher T. DuPont's motion to avoid third party liability (D.I. 517 ) is denied as premature. Christopher T. DuPont's Opt-out Notice (D.I. 512 ), construed as a motion is denied as premature. Signed by Judge Joseph F. Bataillon on 03/16/2023. (apk)
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Filing
515
MEMORANDUM AND ORDER: The parties' motions to reconsider (D.I. 484 , D.I. 486 , and D.I. 487 ) are denied. (See Memorandum and Order for further details.) Signed by Judge Joseph F. Bataillon on 03/03/2023. (smg)
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Filing
482
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Defendant Gregory Fields is dismissed as a party defendant but does not qualify as a qualified employee due to the retirement arrangement previously provided by a President of the Elton Corporation. Third-pa rty defendant James B. Wyeth's motion for judgment as a matter of law, D.I. 465 , is DENIED. Third-party defendant James Mills's motion for judgment, D.I. 468 , is DENIED. In consultation with the parties, the Court will appoint a Special Master. (See Order for further details). Signed by Judge Joseph F. Bataillon on 1/25/2023. (twk)
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Filing
452
MEMORANDUM AND ORDER: the parties' motions in limine are denied without prejudice to reassertion as set forth in this order. (See Order for further details). Signed by Judge Joseph F. Bataillon on 04/12/2022. (smg)
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Filing
442
MEMORANDUM AND ORDER re DKT. No. 395 , 399 , 402 , 404 , 412 414 and 433 . Signed by Judge Joseph F. Bataillon on 3/29/2022. (cna, )
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Filing
280
MEMORANDUM AND ORDER. Signed by Judge Joseph F. Bataillon on 10/27/2020. (nmg)
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Filing
200
MEMORANDUM ORDER- denying 184 MOTION to appoint successor Trustee. Signed by Judge Sherry R. Fallon on 7/1/2020. (lih)
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Filing
132
MEMORANDUM AND ORDER: Plaintiffs' motion for summary judgment (D.I. 120 ) is GRANTED. Defendants' and Third-party defendants' motion for summary judgment (D.I. 124 ) is DENIED (*see Order for further details). Signed by Judge Joseph F. Bataillon on 5/31/2019. (ceg)
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Filing
45
MEMORANDUM OPINION. Signed by Judge Richard D. Bennett on 3/17/2017. (kw2s, Deputy Clerk) [Transferred from Maryland on 3/17/2017.]
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