Bumgarner v. Ford Motor General Retirement Plan et al
Plaintiff: Billie L. Bumgarner
Defendant: Ford Motor General Retirement Plan, Ford National Employee Services Center and Ford General Retirement Plan Committee
Case Number: 1:2014cv00788
Filed: October 7, 2014
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Stephanie K Bowman
Referring Judge: Susan J Dlott
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on October 13, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2016 Opinion or Order Filing 53 ORDER re #52 Stipulation on Resolution of Remaining Matters Terminating:( #49 MOTION for Attorney Fees Pre-judgment interest and costs and expenses filed by Billie L. Bumgarner.), Motions terminated:. Signed by Judge Susan J. Dlott. (wam)
October 12, 2016 Filing 52 STIPULATION on Resolution of Remaining Matters for an Agreed Order by Plaintiff Billie L. Bumgarner. (Attachments: #1 Text of Proposed Order Stipulated proposed order on remaining matter for an agreed order) (Perez, Robert)
September 19, 2016 Filing 51 NOTICE by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center of Withdrawal of Thomas M. Johnson, Jr. (Hoyt, Matthew)
September 19, 2016 Filing 50 Joint MOTION for Extension of Time to File Response/Reply as to #49 MOTION for Attorney Fees Pre-judgment interest and costs and expenses New date requested 10/7/2016. by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. Responses due by 10/7/2016 (Schwartz, Jason)
September 19, 2016 Opinion or Order NOTATION ORDER granting #50 Joint Motion for Extension of Time Until 10/7/2016 to File Response re #49 Plaintiff's Motion for Attorney Fees, Pre-judgment interest and costs and expenses. Signed by Magistrate Judge Stephanie K. Bowman on 9/19/2016. (km)
August 30, 2016 Filing 49 MOTION for Attorney Fees Pre-judgment interest and costs and expenses by Plaintiff Billie L. Bumgarner. Responses due by 9/23/2016 (Attachments: #1 Affidavit Robert Armand Perez Sr. with time records and costs, #2 Exhibit Expert witness declaration of Robert A. Steinberg with invoice for services attached, #3 Affidavit Randolph H. Freking, #4 Exhibit Declaration of William H. Blessing, #5 Affidavit Joseph P. McDonald, #6 Exhibit Declaration of Robert B. June, #7 Affidavit Tony C. Merry, #8 Exhibit Resume of Robert Armand Perez Sr., #9 Exhibit Report In re Ad Hoc Advisory Committee on Legal Fees) (Perez, Robert)
July 22, 2016 Filing 48 JUDGMENT (jlw)
July 22, 2016 Opinion or Order Filing 47 ORDER ADOPTING #43 REPORT AND RECOMMENDATIONS : The Court does determine that such Recommendation should be adopted. Accordingly, plaintiffs motion for judgment on the record (Doc. 37) is GRANTED. Defendants motion or judgment as a matter of law (Doc. 38) is DENIED. The Court REMANDS to the Plan for the calculation and award of a lump sum benefit to plaintiff. IT IS SO ORDERED. Signed by Judge Susan J. Dlott on 7/22/2016. (jlw)
May 31, 2016 Filing 46 Reply re #44 Objection to Report and Recommendations, #43 REPORT AND RECOMMENDATIONS re #37 MOTION for Judgment as a Matter of Law on the Record filed by Billie L. Bumgarner, #38 MOTION for Judgment as a Matter of Law on the Administrative Record filed by Ford General Retirement Plan C, #45 Response in Opposition to Motion, by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Johnson, Thomas)
May 12, 2016 Filing 45 RESPONSE in Opposition re #43 REPORT AND RECOMMENDATIONS re #37 MOTION for Judgment as a Matter of Law on the Record filed by Billie L. Bumgarner, #38 MOTION for Judgment as a Matter of Law on the Administrative Record filed by Ford General Retirement Plan C filed by Plaintiff Billie L. Bumgarner. (Perez, Robert)
April 29, 2016 Filing 44 OBJECTION to #43 Report and Recommendations by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Johnson, Thomas)
April 12, 2016 Filing 43 REPORT AND RECOMMENDATIONS re #37 Plaintiff's Motion for Judgment on the Record, #38 Defendants' Motion for Judgment on the Administrative Record. IT IS RECOMMENDED THAT Plaintiff's motion for judgment on the record #37 be GRANTED and that Defendants' motion #38 be DENIED. Further, this Court should remand to the Plan for the calculation and award of a lump sum benefit to Plaintiff. Objections to R&R due by 4/29/2016. Signed by Magistrate Judge Stephanie K. Bowman on 4/12/2016. (km)
December 4, 2015 Filing 42 REPLY to Response to Motion re #38 MOTION for Judgment as a Matter of Law on the Administrative Record filed by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Hoyt, Matthew)
December 3, 2015 Filing 41 REPLY to Response to Motion re #37 MOTION for Judgment as a Matter of Law on the Record filed by Plaintiff Billie L. Bumgarner. (Perez, Robert)
November 6, 2015 Filing 40 RESPONSE in Opposition re #37 MOTION for Judgment as a Matter of Law on the Record filed by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Exhibit A, #2 Exhibit B) (Hoyt, Matthew)
November 5, 2015 Filing 39 RESPONSE in Opposition re #38 MOTION for Judgment as a Matter of Law on the Administrative Record filed by Plaintiff Billie L. Bumgarner. (Perez, Robert)
November 4, 2015 Set/Reset Deadlines as to #37 MOTION for Judgment as a Matter of Law on the Record, #38 MOTION for Judgment as a Matter of Law on the Administrative Record. Responses to motions due by 11/6/2015 per Calendar Order #28 . (km)
October 9, 2015 Filing 38 MOTION for Judgment as a Matter of Law on the Administrative Record by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. Responses due by 11/2/2015 (Attachments: #1 Appendix Memorandum in Support) (Hoyt, Matthew)
October 8, 2015 Filing 37 MOTION for Judgment as a Matter of Law on the Record by Plaintiff Billie L. Bumgarner. Responses due by 11/2/2015 (Perez, Robert)
July 14, 2015 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-up Telephone Scheduling Conference held on 7/14/2015. Attorney Robert Perez appeared for Plaintiff; Attorneys Matthew Hoyt and Thomas Johnson appeared for Defendants. Plaintiff to file a motion for discovery if he so desires. (km)
June 24, 2015 Opinion or Order Filing 36 ORDER ADOPTING #29 REPORT AND RECOMMENDATIONS: Defendants partial motion to dismiss #17 is GRANTED in part and DENIED in part. It is ORDERED that Count I (Promissory Estoppel), Count II (Breach ofFiduciary Duty) and Count IV (Breach of Contract) are DISMISSED with prejudice for failure to state a claim, but that Defendants motion to dismiss Ford National Employee Services Center and the Ford Motor General Retirement Plan as defendants are DENIED. Signed by Judge Susan J. Dlott on 6/24/2015. (jlw)
June 24, 2015 NOTICE: Follow-up Telephone Scheduling Conference set for 7/14/2015 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. (km)
April 22, 2015 Filing 35 REPLY to Defendants' Response in Opposition to Plaintiff's Ojbections to #29 REPORT AND RECOMMENDATIONS re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ford General Retirement Plan Committee, Ford National Employee Services Center, Ford Motor General Retirement Plan filed by Plaintiff Billie L. Bumgarner. (Perez, Robert) Modified docket text on 4/23/2015 (eh).
April 13, 2015 Filing 34 Response re #31 Objection to #29 Report and Recommendations by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Johnson, Thomas) Modified to create link to doc. 29 on 4/14/2015 (eh1).
April 6, 2015 Filing 33 ADMINISTRATIVE RECORD by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Hoyt, Matthew)
April 3, 2015 Filing 32 NOTICE of Supplemental Authority re #31 Objection to Report and Recommendations by Plaintiff Billie L. Bumgarner (Attachments: #1 Exhibit Stiso v. International Steel Group d/b/a Arcelormittal U.S.A., LLC,) (Perez, Robert) Modified to clarify docket text on 4/6/2015 (jlw1).
March 27, 2015 Filing 31 OBJECTION to #29 Report and Recommendations of the Magistrate Judge by Plaintiff Billie L. Bumgarner. (Attachments: #1 Exhibit Pearson v FirstEnergy Corp Pension Plan) (Perez, Robert)
March 27, 2015 Notice of Correction: re #30 Objection to Magistrate Judge Order restricted due to incorrect filing event used. Please see doc. #31 Objection to Report and Recommendations for corrected filing. (jee1)
March 25, 2015 Filing 30 [FORMER DOC. 30 - PLEASE DISREGARD. FILED IN ERROR] Objection to Magistrate Judge Orderre #29 REPORT AND RECOMMENDATIONS re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ford General Retirement Plan Committee, Ford National Employee Services Center, Ford Motor General Retirement Plan by Plaintiff Billie L. Bumgarner. (Attachments: #1 Exhibit Pearson v. FirstEnergy Corp) (Perez, Robert) Modified docket text and pdf security on 3/27/2015 (jee1).
March 10, 2015 Filing 29 REPORT AND RECOMMENDATIONS re #17 Defendants' Partial Motion to Dismiss. IT IS RECOMMENDED THAT Defendants' Partial Motion to Dismiss #17 be GRANTED in part and DENIED in part. Specifically, IT IS RECOMMENDED THAT Count I (Promissory Estoppel), Count II (Breach of Fiduciary Duty) and Count IV (Breach of Contract) be DISMISSED WITH PREJUDICE for failure to state a claim, but that Defendants' motion to dismiss FNESC and the Plan as Defendants be denied at this time. Objections to R&R due by 3/27/2015. Signed by Magistrate Judge Stephanie K. Bowman on 3/10/2015. (km1)
February 9, 2015 Opinion or Order Filing 28 CALENDAR ORDER: Discovery Deadline: to be discussed after ruling on Defendants' Motion for Partial Dismissal #17 . Cross motions for judgment/summary judgment deadline: 10/9/2015. Memoranda in Opposition due 11/6/2015; Reply Memoranda in Support due 12/4/2015. The Final Pretrial Conference and trial dates will be scheduled by Judge Dlott. Signed by Magistrate Judge Stephanie K. Bowman on 2/9/2015. (km1) Modified to Clarify docket text on 2/9/2015 (km1).
February 9, 2015 Notice of Correction re: #28 Calendar Order. The docket entry has been amended to reflect briefing schedule for cross motions for judgment/summary judgment. (km1)
February 9, 2015 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 2/9/2015. Attorney Robert Perez appeared for Plaintiff; Attorneys Thomas Johnson, Jr, Matthew Hoyt and Naima Ferrell appeared for Defendants. Calendar Order to follow. Court will set a follow-up telephone conference to discuss discovery issues after ruling on the motion for partial dismissal is made. (km1)
February 4, 2015 Opinion or Order Filing 27 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #7 Motion to Dismiss for Failure to State a Claim filed by Ford General Retirement Plan Committee, Ford National Employee Services Center, Ford Motor General Retirement Plan:: Defendants motion to dismiss #7 is DENIED without prejudice tosimilar arguments presented in the second motion for partial dismissal. Signed by Judge Susan J. Dlott on 2/4/2015. (jlw1)
February 4, 2015 Opinion or Order Filing 26 ORDER granting #23 Motion for Leave to Appear Pro Hac Vice of Jason Schwartz. Signed by Judge Susan J. Dlott. (wam1)
February 2, 2015 Filing 25 NOTICE: Telephone Scheduling Conference set for 2/9/2015 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. (km1)
January 30, 2015 Filing 24 RULE 26(f) REPORT by Plaintiff Billie L. Bumgarner, Defendants. (Perez, Robert) Modified to include defendants as filers on 2/2/2015 (eh1).
January 27, 2015 Filing 23 MOTION for Leave to Appear Pro Hac Vice of Jason Schwartz (Filing fee $ 200, receipt number 0648-4900722) by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Certificate of Good Standing) (Linville, Ronald)
January 26, 2015 Filing 22 REPLY to Response to Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Hoyt, Matthew)
January 13, 2015 NOTICE of Deadline: At the request of the parties, the Rule 26(f) Meeting Report deadline is hereby EXTENDED until 1/30/2015. (km1)
January 9, 2015 Filing 21 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Billie L. Bumgarner. (Perez, Robert)
January 6, 2015 Filing 20 REPORT AND RECOMMENDATIONS re #7 Defendants' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. IT IS RECOMMENDED that Defendants' first motion to dismiss #7 be DENIED, but without prejudice to similar arguments presented in their second motion for partial dismissal #17 . Objections to R&R due by 1/23/2015. Signed by Magistrate Judge Stephanie K. Bowman on 1/6/2015. (km1)
December 29, 2014 Notice of Correction: Please disregard [FORMER DOC. 19] ORDER DISMISSING CASE - filed in incorrect case. (eh1)
December 23, 2014 Opinion or Order Filing 19 [FORMER DOC. 19 - PLEASE DISREGARD. FILED IN ERROR.] ORDER DISMISSING CASE signed by Judge William O. Bertelsman on 12/23/14. (eh1) Modified docket text and to restrict the pdf on 12/29/2014 (eh1).
December 23, 2014 Filing 18 NOTICE of Deadline: Rule 26(f) Meeting Report due by 1/20/2015. (km1)
December 22, 2014 Filing 17 MOTION FOR PARTIAL DISMISSAL FOR FAILURE TO STATE A CLAIM by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Hoyt, Matthew) Modified Docket Text to Clarify on 12/23/2014 (km1).
December 22, 2014 Filing 16 ANSWER to #15 Amended Complaint, filed by All Defendants. (Hoyt, Matthew)
December 4, 2014 Filing 15 AMENDED COMPLAINT against All Defendants, filed by Billie L. Bumgarner. (Attachments: #1 Exhibit amended complaint exhibits 1-43, #2 Exhibit amended complaint exhibits 44-82, #3 Exhibit amended complaint exhibits 83-116, #4 Exhibit amended complaint exhibits 117-125) (Perez, Robert)
November 26, 2014 Opinion or Order Filing 14 ORDER granting #12 and #13 Motions for Leave to Appear Pro Hac Vice of Eugene Scalia and Thomas M. Johnson, Jr.,. Signed by Chief Judge Susan J. Dlott. (wam1)
November 24, 2014 Filing 13 MOTION for Leave to Appear Pro Hac Vice of THOMAS M. JOHNSON, JR. (Filing fee $ 200, receipt number 0648-4823287) by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Certificate of Good Standing) (Linville, Ronald)
November 24, 2014 Filing 12 MOTION for Leave to Appear Pro Hac Vice of EUGENE SCALIA (Filing fee $ 200, receipt number 0648-4823250) by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Certificate of Good Standing) (Linville, Ronald)
November 17, 2014 Filing 11 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Eugene Scalia & Thomas M. Johnson, Jr. (jlw1)
November 14, 2014 Filing 10 Corporate Disclosure Statement by Defendant Ford Motor General Retirement Plan. (Hoyt, Matthew)
November 14, 2014 Filing 9 Corporate Disclosure Statement by Defendant Ford National Employee Services Center. (Hoyt, Matthew)
November 14, 2014 Filing 8 Corporate Disclosure Statement by Defendant Ford General Retirement Plan Committee. (Hoyt, Matthew)
November 14, 2014 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Exhibit) (Hoyt, Matthew)
October 24, 2014 Filing 6 SUMMONS Returned Executed as to Defendant Ford National Employee Services Center served on 10/10/2014, answer due 10/31/2014. (eh)
October 24, 2014 Notice of Correction re #5 Joint MOTION for Extension of Time to File Answer: Filing is a Stipulation for Extension and not a Motion as filed. Clerk terminated the motion and modified the docket text accordingly. (sct1)
October 24, 2014 Reset Deadlines: Ford General Retirement Plan Committee answer due 11/14/2014; Ford Motor General Retirement Plan answer due 11/14/2014; Ford National Employee Services Center answer due 11/14/2014. (sct1)
October 23, 2014 Filing 5 STIPULATION for Extension of Time to Move or Plead by Plaintiff Billie L. Bumgarner and Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Hoyt, Matthew) Modified to correct docket text on 10/24/2014 (sct1).
October 14, 2014 Filing 4 SUMMONS Returned Executed as to Defendants Ford General Retirement Plan Committee, Ford Motor General Retirement Plan. Ford General Retirement Plan Committee served on 10/10/2014, answer due 10/31/2014; Ford Motor General Retirement Plan served on 10/10/2014, answer due 10/31/2014. (jee)
October 8, 2014 Opinion or Order Filing 3 ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman. Signed by Chief Judge Susan J. Dlott on 10/8/2014. (jlw1) Modified docket text on 10/9/2014 (eh1).
October 7, 2014 Filing 2 Summons Issued as to Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, and Ford National Employee Services Center. (eh1)
October 7, 2014 Filing 1 COMPLAINT filed by Billie L. Bumgarner against Ford General Retirement Plan Committee, Ford Motor General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Exhibits, #2 Civil Cover Sheet, #3 Filing Fee Receipt) (eh1)
October 7, 2014 Filing fee: $ 400.00, receipt number 100CIN023274 (eh1)
October 7, 2014 If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh1)

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 Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Bumgarner v. Ford Motor General Retirement Plan et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Billie L. Bumgarner
Represented By: Robert Armand Perez, Sr.
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 ]
Defendant: Ford Motor General Retirement Plan
Represented By: Ronald Gordon Linville
Represented By: Eugene Scalia
Represented By: Matthew Hoyt
Represented By: Thomas M. Johnson, Jr.
Represented By: Jason C. Schwartz
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 ]
Defendant: Ford National Employee Services Center
Represented By: Ronald Gordon Linville
Represented By: Eugene Scalia
Represented By: Matthew Hoyt
Represented By: Thomas M. Johnson, Jr.
Represented By: Jason C. Schwartz
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 ]
Defendant: Ford General Retirement Plan Committee
Represented By: Ronald Gordon Linville
Represented By: Eugene Scalia
Represented By: Matthew Hoyt
Represented By: Thomas M. Johnson, Jr.
Represented By: Jason C. Schwartz
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?