Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan v. Metcalf et al
Plaintiff: Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan
Defendant: Brian Wayne Mabry, Cynthia Mabry Granberry and Heather Nicole Metcalf
Case Number: 2:2019cv01740
Filed: October 23, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: John E Ott
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2019 Opinion or Order Filing 16 FINAL JUDGMENT for the reasons stated in the memorandum opinion entered herewith, the motion for judgment on the pleadings #10 is GRANTED: Defendants Brian Wyane Mabry and Heather Nicole Metchalf are DECLARED to be entitled to the pension benefits at issue; Defendant Cynthia Mabry Granberry is DECLARED not to be entitled to such benefits; the Plan is ORDERED to pay the benefits to Defendants Brian Wayne Mabry and Heathern Nicole Metcalf; Court I of the complaint, raising a claim in interpleader, is DISMISSED; each party shall bear its own costs & expenses. Signed by Magistrate Judge John E Ott on 12/6/2019. (KAM)
December 6, 2019 Filing 15 MEMORANDUM OPINION. Signed by Magistrate Judge John E Ott on 12/6/2019. (KAM)
December 2, 2019 Filing 14 CONSENT to Jurisdiction by US Magistrate Judge by Brian Wayne Mabry, Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan, Heather Nicole Metcalf, Cynthia Mabry Granberry. (BST, )
December 2, 2019 Filing 13 NOTICE to remind parties of consent telephone conference scheduled for 11:00 AM on Tuesday, 12/3/19; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, by 4:00 PM TODAY, the conference will be cancelled. (BST)
November 27, 2019 Filing 12 Summons Returned Unexecuted by Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan as to Brian Wayne Mabry. (KAM)
November 26, 2019 Filing 11 RESPONSE in Support re #10 MOTION for Declaratory Judgment Pursuant to Rule 12(c) filed by Cynthia Mabry Granberry, Brian Wayne Mabry, Heather Nicole Metcalf. (Durward, Anne)
November 26, 2019 Filing 10 MOTION for Judgment on the pleadings Pursuant to Rule 12(c) by Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan. (Connor, Glen) Modified on 11/26/2019 (KAM).
November 25, 2019 Filing 9 Amended ANSWER to Complaint for Interpleader or Alternatively for Declaratory Judgment by Cynthia Mabry Granberry, Brian Wayne Mabry, Heather Nicole Metcalf.(Durward, Anne)
November 4, 2019 Opinion or Order Filing 8 ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 12/9/2019; Signed by Magistrate Judge John E Ott on 11/4/2019. (BST, )
November 4, 2019 Opinion or Order Filing 7 ORDER that the parties are reminded that this case will be reassigned to a district judge on 12/16/2019 unless they unanimously consent to jurisdiction by the undersigned magistrate; Telephone Conference set for 12/3/2019 11:00 AM before Magistrate Judge John E Ott; parties to call in as directed; if all parties submit an executed form 24 hours in advance, the telephone conference will be cancelled; Signed by Magistrate Judge John E Ott on 11/4/2019. (BST, )
November 4, 2019 Filing 6 SUMMONS Returned Executed by Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan. Cynthia Mabry Granberry served on 11/1/2019, answer due 11/22/2019. (KAM)
November 1, 2019 Filing 5 SUMMONS Returned Executed by Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan. Heather Nicole Metcalf served on 10/31/2019, answer due 11/21/2019. (KAM)
November 1, 2019 Filing 4 ANSWER to #1 Complaint for Interpleader or Alternatively for Declaratory Judgment by Cynthia Mabry Granberry, Brian Wayne Mabry, Heather Nicole Metcalf.(Durward, Anne)
October 25, 2019 Filing 3 Summons Issued as to Cynthia Mabry Granberry, Brian Wayne Mabry and Heather Nicole Metcalf via certified U.S. Mail on this the 25th day of October, 2019. (JLC)
October 25, 2019 Filing Fee received in the amount of $400.00, Credit Card receipt_number 1126-3465044, NDAL receipt #B4601101620. (Connor, Glen) Modified on 10/25/2019 (JLC).
October 23, 2019 Filing 2 Request for service by certified mail filed by Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan. (KAM)
October 23, 2019 Filing 1 COMPLAINT against Cynthia Mabry Granberry, Brian Wayne Mabry, Heather Nicole Metcalf, filed by Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan.(KAM)

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Defendant: Brian Wayne Mabry
Represented By: Anne Lamkin Durward
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Defendant: Cynthia Mabry Granberry
Represented By: Anne Lamkin Durward
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Defendant: Heather Nicole Metcalf
Represented By: Anne Lamkin Durward
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Plaintiff: Birmingham Plumbers & Steamfitters Local Union No 91 Pension Plan
Represented By: Glen M Connor
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