GCIU-Employer Retirement Fund et al v. WestRock Company et al
| GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Retirement Fund |
| WestRock Company, WRKCo Inc., WestRock MWV, LLC and Meadwestvaco Corporation |
| 2:2021cv08070 |
| October 11, 2021 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Steve Kim |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1381 |
| None |
Docket Report
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Filing 37
MINUTE ORDER (IN CHAMBERS) ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the parties' Joint Report Under FRCP Rule 26(f) (Joint Report), filed November 29, 2021. (Docket No. #33 ). If Defendants WestRock Company, WRKCO, Inc. and WestRock MWV, LLC wish to seek a stay in this matter, they should file a noticed Motion and set it for hearing no later than January 31, 2022. If Defendants decide not to pursue a Motion for Stay, the parties should meet and confer, and file a proposed briefing and hearing schedule for cross Motions for Summary Judgment. The proposed schedule shall be filed no later than January 3, 2022. (lom)
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Filing 36
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, the Court VACATES the Scheduling Conference set for 12/13/2021 at 11:00 a.m. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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Filing 35
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Miguel Eaton to Appear Pro Hac Vice on behalf of Defendant WestRock Company, WRKCO Inc., & Westrock MWV, LLC, designating David Feder as local counsel #32 . (iv)
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| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) #33 . The following error(s) was/were found: Pursuant to the Court's 11/3/2021 Order, Schedule of Pretrial and Trial Dates Worksheet lacking. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
| Filing 33 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 0 days (the parties do not anticipate that a trial will be necessary), filed by Plaintiffs Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund, Counter Defendants Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund.. (Korda, Michael) |
| Filing 32 Corrected APPLICATION of Non-Resident Attorney Miguel Eaton to Appear Pro Hac Vice on behalf of Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC, Counter Claimants WRKCo Inc., WestRock Company, WestRock MWV, LLC (Pro Hac Vice Fee - $500 Previously Paid on 11/18/2021, Receipt No. 32353302) filed by Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC. (Attachments: #1 Proposed Order Proposed Order) (Feder, David) |
| Filing 31 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice (M. Eaton) #29 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 12/3/2021. (iv) |
| Filing 30 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Miguel Eaton to Appear Pro Hac Vice on behalf of Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC, Counter Claimants WRKCo Inc., WestRock Company, WestRock MWV, LLC (Pro Hac Vice Fee - $500 Fee Paid, #29 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. Other error(s) with document(s): Case information is incomplete. DJ and MJ initials missing on Application. Please note that electronic, image or stamp signatures are not allowed. (lt) |
| Filing 29 **STRICKEN** APPLICATION of Non-Resident Attorney Miguel Eaton to Appear Pro Hac Vice on behalf of Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC, Counter Claimants WRKCo Inc., WestRock Company, WestRock MWV, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. CCACDC-32353302) filed by Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC. (Feder, David) Modified on 11/22/2021 Per Response #31 (iv). |
| Filing 28 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #24 filed by Plaintiffs/Counter-Defendants Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund.(Korda, Michael) |
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Filing 27
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 12/13/2021 at 11:00 AM. (iv)
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| Filing 26 NOTICE of Interested Parties filed by Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC, identifying WestRock Company, WestRock MWV, LLC., WRKCO Inc., GCIU-Employer Retirement Fund, Board of Trustees of the GCIU-Employer Retirement Fund, individual beneficiaries of the GCIU-Employer Retirement Fund. (Feder, David) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #24 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
| Filing 24 ANSWER to Complaint (Attorney Civil Case Opening), #1 , COUNTERCLAIM against All Plaintiffs filed by Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC.(Feder, David) |
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Filing 23
ORDER by Judge Michael W. Fitzgerald: granting #20 #22 Non-Resident Attorney Jacob M. Roth APPLICATION to Appear Pro Hac Vice on behalf of WRKCo Inc., WestRock Company, WestRock MWV, LLC, designating David J Feder as local counsel. (lom)
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| Filing 22 Corrected APPLICATION of Non-Resident Attorney Jacob M. Roth to Appear Pro Hac Vice on behalf of Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC (Pro Hac Vice Fee - $500 Previously Paid on 10/22/2021, Receipt No. 32197954) filed by Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC. (Attachments: #1 Proposed Order Proposed Order) (Feder, David) |
| Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jacob M. Roth to Appear Pro Hac Vice on behalf of Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32197954) #20 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
| Filing 20 APPLICATION of Non-Resident Attorney Jacob M. Roth to Appear Pro Hac Vice on behalf of Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32197954) filed by Defendants WRKCo Inc., WestRock Company, WestRock MWV, LLC. (Feder, David) |
| Filing 19 WAIVER OF SERVICE Returned Executed filed by Plaintiffs GCIU-Employer Retirement Fund, Board of Trustees of the GCIU-Employer Retirement Fund. upon WRKCo Inc. waiver sent by Plaintiff on 10/14/2021, answer due 12/13/2021; WestRock Company waiver sent by Plaintiff on 10/14/2021, answer due 12/13/2021; WestRock MWV, LLC waiver sent by Plaintiff on 10/14/2021, answer due 12/13/2021. Waiver of Service signed by Defendants' Attorney, David J. Feder. (Korda, Michael) |
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Filing 18
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Percy Anderson, for the reasons set forth on this order. Related Case No. 2:21-cv-00061 PA(JEMx) (rn)
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| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney David J Feder counsel for Defendants WRKCo Inc., WestRock MWV, LLC. Adding David J. Feder as counsel of record for WRKCO Inc. & WestRock MWV, LLC for the reason indicated in the G-123 Notice. Filed by Defendants WRKCO Inc. & WestRock MWV, LLC. (Attorney David J Feder added to party WRKCo Inc.(pty:dft), Attorney David J Feder added to party WestRock MWV, LLC(pty:dft))(Feder, David) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #13 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 15 NOTICE PLAINTIFFS OPPOSTION TO DEFENDANTS NOTICE OF RELATED CASES PURSUANT TO LOCAL RULE 83-1.3.3 filed by Plaintiffs Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund. (Korda, Michael) |
| Filing 14 NOTICE of Related Case(s) filed by Defendant WestRock Company. Related Case(s): 21-cv-00061-PA-JEMx (Feder, David) |
| Filing 13 NOTICE of Appearance filed by attorney David J. Feder on behalf of Defendant WestRock Company (Attorney David J. Feder added to party WestRock Company(pty:dft))(Feder, David) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant WestRock MWV, LLC. (lh) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant WRKCo Inc. (lh) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant WestRock Company. (lh) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Steve Kim. (lh) |
| Filing 6 NOTICE of Interested Parties filed by Plaintiffs Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund, identifying None other than the named parties.. (McDonough, Katherine) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund. (McDonough, Katherine) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund. (McDonough, Katherine) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund. (McDonough, Katherine) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Board of Trustees of the GCIU-Employer Retirement Fund, GCIU-Employer Retirement Fund. (McDonough, Katherine) |
| Filing 1 COMPLAINT with filing fee previously paid ($402 paid on 10/11/2021, receipt number ACACDC-32129919), filed by Plaintiffs GCIU-Employer Retirement Fund, Board of Trustees of the GCIU-Employer Retirement Fund. (Attorney Katherine McDonough added to party Board of Trustees of the GCIU-Employer Retirement Fund(pty:pla), Attorney Katherine McDonough added to party GCIU-Employer Retirement Fund(pty:pla))(McDonough, Katherine) |
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