Dean et al v. National Production Workers Union Severance Trust Plan et al
| Walter Dean and Dean Wollenzien |
| James Malloy, Rosie Gibson, National Production Workers Union Severance Trust Plan, Joseph Vincent Senese, Scott Gore, National Production Workers Union 401(k) Retirement Plan, James Meltreger, Jose Diaz, The Board of Trustees of the National Production Workers Union Severence Trust Plan and the National Production Workers Union 401(K) Retirement Plan and Shawn Ford |
| 1:2019cv02694 |
| April 22, 2019 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Filing 21 MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendant's motion to dismiss #18 . Plaintiff is advised to review the Courts standing order on Motions to Dismiss, which is available on the Courts homepage at www.ilnd.uscourts.gov. The Court's Order requires Plaintiff to make an election as to whether he/she will amend the complaint or stand on the current complaint and proceed with briefing on the motion to dismiss. Defendant's motion to dismiss #18 is set for 7/9/2019. Plaintiff shall be prepared to make an election regarding Defendant's motion to dismiss at the next hearing. Mailed notice (gel, ) |
| Filing 20 MEMORANDUM by Jose Diaz, Shawn Ford, Rosie Gibson, Scott Gore, James Meltreger, National Production Workers Union 401(k) Retirement Plan, National Production Workers Union Severance Trust Plan, Joseph Vincent Senese, The Board of Trustees of the National Production Workers Union Severence Trust Plan and the National Production Workers Union 401(K) Retirement Plan in support of Motion to Dismiss for Failure to State a Claim, #18 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ross, Nancy) |
| Filing 19 NOTICE of Motion by Nancy G. Ross for presentment of Motion to Dismiss for Failure to State a Claim, #18 before Honorable John Robert Blakey on 7/9/2019 at 09:45 AM. (Ross, Nancy) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jose Diaz, Shawn Ford, Rosie Gibson, Scott Gore, James Meltreger, National Production Workers Union 401(k) Retirement Plan, National Production Workers Union Severance Trust Plan, Joseph Vincent Senese, The Board of Trustees of the National Production Workers Union Severence Trust Plan and the National Production Workers Union 401(K) Retirement Plan (Ross, Nancy) |
| Filing 17 MINUTE entry before the Honorable John Robert Blakey: Defendant's motion for leave to file excess pages #14 is granted. Motion hearing set for 7/9/2019 is stricken. Status hearing set for 7/9/2019, to stand. Mailed notice (gel, ) |
| Filing 16 STATUS Report (Joint Initial Status Report) by Jose Diaz, Shawn Ford, Rosie Gibson, Scott Gore, James Meltreger, National Production Workers Union 401(k) Retirement Plan, National Production Workers Union Severance Trust Plan, Joseph Vincent Senese, The Board of Trustees of the National Production Workers Union Severence Trust Plan and the National Production Workers Union 401(K) Retirement Plan (Ross, Nancy) |
| Filing 15 NOTICE of Motion by Nancy G. Ross for presentment of motion for leave to file excess pages, #14 before Honorable John Robert Blakey on 7/9/2019 at 09:45 AM. (Ross, Nancy) |
| Filing 14 MOTION by Defendants Jose Diaz, Shawn Ford, Rosie Gibson, Scott Gore, James Meltreger, National Production Workers Union 401(k) Retirement Plan, National Production Workers Union Severance Trust Plan, Joseph Vincent Senese, The Board of Trustees of the National Production Workers Union Severence Trust Plan and the National Production Workers Union 401(K) Retirement Plan for leave to file excess pages (Ross, Nancy) |
| Filing 13 MINUTE entry before the Honorable John Robert Blakey: Oral agreed motion to reset initial status hearing and joint status report deadline is granted. Status hearing previously set for 6/12/2019 is reset for 7/9/2019 at 9:45 a.m. in Courtroom 1203. Joint status report shall be filed on or before 7/1/2019. Defendant's agreed motion for extension of time to file answer #11 is granted. Defendant's answer shall be filed on or before 7/1/2019. Motion hearing set for 5/21/2019, is stricken. Mailed notice (gel, ) |
| Filing 12 Agreed NOTICE of Motion by Nancy G. Ross for presentment of motion for extension of time to file answer, #11 before Honorable John Robert Blakey on 5/21/2019 at 09:45 AM. (Ross, Nancy) |
| Filing 11 MOTION by Defendant National Production Workers Union Severance Trust Plan for extension of time to file answer regarding amended complaint, #10 (Agreed Motion for Extension of Time for Defendants to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint) (Attachments: #1 Text of Proposed Order)(Ross, Nancy) |
| Filing 10 FIRST AMENDED complaint by Dean Wollenzien, Walter Dean against Jose Diaz, Rosie Gibson, Scott Gore, James Meltreger, National Production Workers Union 401(k) Retirement Plan, National Production Workers Union Severance Trust Plan, Joseph Vincent Senese, Shawn Ford and terminating James Malloy (Attachments: #1 Exhibit A-F, #2 Certificate of Service)(Rowe, Elizabeth) |
| Filing 9 ATTORNEY Appearance for Defendant National Production Workers Union Severance Trust Plan by Andrew S. Rosenman (Rosenman, Andrew) |
| Filing 8 ATTORNEY Appearance for Defendant National Production Workers Union Severance Trust Plan by Nancy G. Ross (Ross, Nancy) |
| Filing 7 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MIDP Standing Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Courts official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 6/12/2019 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 6/3/2019, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, ) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jjr, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Walter Dean, Dean Wollenzien, and on behalf of those similarly situated by J. Peter Dowd (Dowd, J.) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Walter Dean, Dean Wollenzien, and on behalf of those similarly situated by George A. Luscombe, III (Luscombe, George) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Walter Dean, Dean Wollenzien, and on behalf of those similarly situated by Elizabeth L. Rowe (Rowe, Elizabeth) |
| Filing 2 CIVIL Cover Sheet (Rowe, Elizabeth) |
| Filing 1 COMPLAINT filed by and on behalf of those similarly situated, Dean Wollenzien, Walter Dean; Filing fee $ 400, receipt number 0752-15742740. (Attachments: #1 Exhibit A-F)(Rowe, Elizabeth) |
| SUMMONS Issued as to Defendants Jose Diaz, Rosie Gibson, Scott Gore, James Malloy, James Meltreger, National Production Workers Union 401(k) Retirement Plan, National Production Workers Union Severance Trust Plan, Joseph Vincent Senese (yt) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (yt) |
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