Bukovac v. Central States Pension Fund
Plaintiff: Thomas J. Bukovac
Defendant: Central States Pension Fund
Case Number: 4:2014cv02750
Filed: December 16, 2014
Court: US District Court for the Northern District of Ohio
Office: Youngstown Office
County: Mahoning
Presiding Judge: Benita Y Pearson
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on September 20, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2016 Filing 37 Judgment Entry This Court, having filed its Findings of Fact and Conclusions of Law, hereby enters judgment on the Administrative Record in favor of Defendant Central States, Southeast and Southwest Areas Pension Fund and against Plaintiff Thomas J. Bukovac. Judge Benita Y. Pearson on 9/20/2016. (JLG)
September 20, 2016 Filing 36 Findings of Fact and Conclusions of Law After considering the parties' positions regarding the administrative record, the Court enters final judgment in favor of Central States and against Bukovac. Judge Benita Y. Pearson on 9/20/2016. Related document(s) #1 , #24 , #25 . (JLG) Modified to create links on 9/20/2016 (JLG).
January 6, 2016 Filing 35 Notice of Supplemental Authority filed by Defendant Central States Pension Fund. (Attachments: #1 Supplement U.S. Court of Appeals, Sixth Circuit's December 29, 2015 Decision in Local Union No. 392 v. B & B Mechanical Sevices)(Posner, David)
November 17, 2015 Filing 34 Notice of Disposition of Case Cited by Defendant filed by Central States Pension Fund. Related document(s) #29 , #25 .(Posner, David)
October 22, 2015 Filing 33 Proposed Findings of Fact and Conclusions of Law filed by Thomas J. Bukovac. (Hanni, Mark)
October 21, 2015 Opinion or Order Filing 32 Order For good cause shown, Plaintiff's Motion for Leave to File Proposed Findings of Fact and Conclusions of Law Instanter (ECF No. #30 ) is granted. Plaintiff shall forthwith file his Proposed Findings of Fact and Conclusions of Law. Judge Benita Y. Pearson on 10/21/2015. (JLG)
October 20, 2015 Filing 31 Response to #30 Motion for leave to File Plaintiff's Proposed Findings of Fact and Conclusions of Law filed by Central States Pension Fund. (Posner, David)
October 16, 2015 Filing 30 Motion for leave to File Plaintiff's Proposed Findings of Fact and Conclusions of Law filed by Plaintiff Thomas J. Bukovac. (Attachments: #1 Exhibit Plaintiff's Proposed Findings of Fact and Conclusions of Law)(Hanni, Mark)
October 9, 2015 Filing 29 Proposed Findings of Fact and Conclusions of Law filed by Central States Pension Fund. (Posner, David)
October 9, 2015 Filing 28 Response to Plaintiff's Opening Brief filed by Central States Pension Fund. Related document(s) #24 . (Posner, David)
October 9, 2015 Filing 27 Response to #25 Motion for judgment as a matter of law and Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc. 150 F.3d 609 (6th Cir. 1998) filed by Thomas J. Bukovac. (Hanni, Mark)
September 28, 2015 Filing 26 Affidavit/Declaration As to Form of Memorandum in Support of Motion for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th cir. 1998) filed by Central States Pension Fund. Related document(s) #25 . (Posner, David)
September 28, 2015 Filing 25 Motion for judgment as a matter of law and Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc. 150 F.3d 609 (6th Cir. 1998) filed by Defendant Central States Pension Fund. (Attachments: #1 Brief in Support Memorandum in Support of Central States, Southeast and Southwest Areas Pension Fund's Motion for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998), #2 Exhibit Attachment 1 - Affidavit of Albert E. Nelson, #3 Exhibit Attachment 2 - Unreported Cases)(Posner, David)
September 28, 2015 Filing 24 Pre-Trial Brief (Opening Brief of Plaintiff Thomas J. Bukovac) filed by Thomas J. Bukovac. (Hanni, Mark)
August 28, 2015 Filing 23 Defendant's Notice of Filing of Administrative Record and Determination Letter filed by Central States Pension Fund. (Attachments: #1 Table of Contents of Administrative Record, #2 Administrative Record, #3 Table of Contents of Determination Letter, #4 Determination Letter)(Posner, David)
August 19, 2015 Filing 22 Case Management Conference Plan/Order. Case is assigned to the standard track, and is not suitable for Alternative Dispute Resolution at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Defendant shall file the administrative record on or before 8/28/2015. On or before 9/28/2015, the parties shall serve and file opening briefs contemplated by Wilkins v. Baptist Healthcare System, Inc. The parties shall serve and file a reply brief, if any, on or before 10/9/2015. There shall be no discovery in this case except as set forth in Wilkins. Counsel for each of the parties shall prepare Proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel on or before 10/9/2015. Judge Benita Y. Pearson on 8/19/2015. (JLG)
August 19, 2015 Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 8/19/2015. Present were Attorney Mark A. Hanni as counsel for Plaintiff; Attorneys Francis J. Carey and David A. Posner as counsel for Defendant; Albert Nelson (Benefit Director for Defendant); and, John Young (Director of Defendant). Plaintiff failed to appear. (Court Reporter: None); Time: 18 Minutes. (JLG)
August 17, 2015 Filing 21 IMPORTANT Notice: The Telephonic Case Management Conference is reset for 8/19/2015 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. (JLG)
August 13, 2015 Filing 20 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Thomas J. Bukovac. (Hanni, Mark)
August 5, 2015 Filing 19 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Central States Pension Fund. (Posner, David)
August 3, 2015 Opinion or Order Order [non-document] The Case Management Conference is converted to a Telephonic Case Management Conference to be held on 8/19/2015 at 1:30 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiff is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 8/3/2015. (JLG)
July 31, 2015 Filing 18 Report of Parties' Planning Meeting Discovery Plan, parties do not consent to this case being assigned to the magistrate judge, filed by Central States Pension Fund. (Posner, David)
July 7, 2015 Filing 17 Case Management Conference Scheduling Order with Case Management Conference to be held on 8/19/2015 at 1:30 p.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 7/7/2015. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4) (JLG)
July 7, 2015 Opinion or Order Filing 16 Order For the reasons set forth herein, the Joint Motion to Lift Stay (ECF No. #15 ) is granted. This case shall be reopened on the Court's active docket. All counsel will take notice that the above-entitled action will be reset for a Case Management Conference by separate Order of the Court. Judge Benita Y. Pearson on 7/7/2015. (JLG)
April 29, 2015 Filing 15 Joint Motion to lift stay filed by Plaintiff Thomas J. Bukovac. Related document(s) #14 . (Hanni, Mark)
March 12, 2015 Opinion or Order Filing 14 Order For the reasons set forth herein, all proceedings in this action are stayed and the case administratively closed pending further order of this Court. Defendant's Motion to Dismiss Case (ECF No. #9 ) and Motion to Strike Plaintiff's Jury Demand (ECF No. #11 ) are denied as moot and may be resubmitted if the case is reopened. The Case Management Conference set for 3/23/2015 at 11:00 a.m. is vacated. See Order for additional information and requirements. Judge Benita Y. Pearson on 3/12/2015. Related document(s) #9 , #11 , #12 , #13 . (JLG)
March 11, 2015 Filing 13 Defendant's Notice That It Has No Objection to the Proposed Order Filed by Plaintiff on March 10, 2015 filed by Central States Pension Fund. Related document(s) #12 .(Posner, David)
March 10, 2015 Filing 12 Proposed Order filed by Thomas J. Bukovac. Related document(s) #9 .(Hanni, Mark)
February 20, 2015 Filing 11 Motion to strike Plaintiff's Jury Demand filed by Defendant Central States Pension Fund. Related document(s) #1 . (Attachments: #1 Brief in Support of Defendant's Motion to Strike Plaintiff's Jury Demand, #2 Exhibit Curtis v. Alcoa, Inc., #3 Exhibit Reese v. IBEW Local 82 Pension Plan, #4 Exhibit Van Loo v. Cajun Operating Company, #5 Exhibit Sloan v. Borgwarner Flexible Benefit Plans, et al)(Posner, David)
February 17, 2015 Filing 10 Supplement Certification Pertaining to Brief in Support to #9 Motion to dismiss case filed by Central States Pension Fund. Related document(s) #9 . (Posner, David)
February 17, 2015 Filing 9 Motion to dismiss case filed by Defendant Central States Pension Fund. Related document(s) #1 . (Attachments: #1 Brief in Support of Defendant Central States to Motion to Dismiss Complaint, #2 Affidavit of Albert E. Nelson, #3 Exhibit A to Affidavit of Albert E. Nelson, #4 Exhibit Fillingim v. Central States, #5 Exhibit Evans v. Laborers' District Council and Contractors' Pension Fund of Ohio)(Posner, David)
February 10, 2015 Filing 8 Case Management Conference Scheduling Order with Case Management Conference to be held on 3/23/2015 at 11:00 a.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 2/10/2015. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4) (JLG)
February 5, 2015 Opinion or Order Filing 7 Order granting Motion for appearance pro hac vice by Attorney Francis J. Carey for Central States Pension Fund. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #6 ). Judge Benita Y. Pearson on 2/5/2015. (JLG)
February 4, 2015 Opinion or Order Order [non-document] granting #5 Stipulated Motion for Leave to Plead until 2/27/2015. Judge Benita Y. Pearson on 2/4/2015.(JLG)
February 3, 2015 Filing 6 Motion for Admission of Francis J. Carey Pro Hac Vice Filing fee $ 120, receipt number 0647-6940575, filed by Defendant Central States Pension Fund. (Attachments: #1 Exhibit A - Affidavit of Francis J. Carey)(Posner, David)
February 3, 2015 Filing 5 Stipulated Motion for leave to Plead filed by Defendant Central States Pension Fund. Related document(s) #1 . (Posner, David)
February 3, 2015 Filing 4 Corporate Disclosure Statement filed by Central States Pension Fund. (Posner, David)
February 3, 2015 Filing 3 Attorney Appearance by David A. Posner filed by on behalf of Central States Pension Fund. (Posner, David)
December 16, 2014 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Central States Pension Fund. (Attachments: #1 Magistrate Consent Form) (S,CK)
December 16, 2014 Filing 1 Complaint with jury demand against Central States Pension Fund. Filing fee paid $ 400, Receipt number 0647-6873001. Filed by Thomas J. Bukovac. (Attachments: #1 Exhibit 1 Letter dated February 7, 2014, #2 Exhibit 2 Letter dated March 12, 2014, #3 Exhibit 3 Pension Plan Provisions, #4 Civil Cover Sheet, #5 Summons Central States Pension Fund) (Hanni, Mark) Modified to note Complaint unsigned, filer notified on 12/16/2014 (S,CK).
December 16, 2014 Judge Benita Y. Pearson assigned to case. (S,CK)
December 16, 2014 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (S,CK)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Bukovac v. Central States Pension Fund
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Central States Pension Fund
Represented By: Francis J. Carey
Represented By: David A. Posner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Thomas J. Bukovac
Represented By: Mark A. Hanni
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?