Lehr et al v. Perri Electric, Inc., et al
| Colleen P. Lehr and Paul E. Lehr |
| Perri Electric, Inc., Perri Electric, Inc. Profit Sharing Plan, Perri Electric Inc. Profit Sharing Trust Fund and Frank M. Perri |
| 2:2017cv01188 |
| June 7, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| William B. Shubb |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1104 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
110
ORDER signed by Senior Judge William B. Shubb on 09/25/19 CONVERTING 91 Motion to Dismiss to Motion for Summary Judgment and GRANTING 91 Motion. Plaintiffs' claims against Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund are DISMISSED. CASE CLOSED (Benson, A.)
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Filing
106
ORDER signed by Senior Judge William B. Shubb on 9/6/2019 GRANTING 104 Plaintiffs' Request to Continue Motion Hearing. The hearing on 91 Defendants' Motion to Dismiss (converted to a motion for summary judgment) is reset for 10/7/ 2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs' amended opposition and evidence shall be filed by 9/20/2019. Any amended reply and evidence from defendants shall be filed by 9/27/2019. (Kirksey Smith, K)
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Filing
101
ORDER signed by Senior Judge William B. Shubb on 8/29/2019 re 91 Motion to Dismiss: Perri Electric Inc. Profit Sharing Plan and Perri Electric Profit Sharing Trust Fund have improperly brought their motion to dismiss (Docket No. 91) under Feder al Rule of Civil Procedure 12(b)(1). Because this motion concerns a substantive element of plaintiffs' claims, see id. at 979, and matters outside the pleadings, the court will treat this motion as one for summary judgment under Rule 56. See Fed. R. Civ. P. 12(d). The motion is currently set for hearing on September 9, 2019. Accordingly, the parties shall file any evidence and supplemental briefs they may wish to be considered on the motion by 9/3/2019. (Kirksey Smith, K)
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Filing
99
ORDER signed by Senior Judge William B. Shubb on 8/21/19 DENYING 58 Motion for Attorney Fees. The court will allow $180.84 in costs for moving defendants. IT IS FURTHER ORDERED that Frank M. Perri's and Perri Electric, Inc.'s request for costs 57 is GRANTED. Costs shall be taxed against Plaintiffs in the sum of $180.84. (Mena-Sanchez, L)
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Filing
85
ORDER signed by Senior Judge William B. Shubb on 7/22/2019: Plaintiffs' Motion for Entry of Final Judgment, Or, In the Alternative, Motion for Certification of an Interlocutory Appeal 72 is DENIED. Before 8/5/2019, plaintiffs shall (1) requ est and receive an entry of default from the Clerk of Court as to defendants Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund and move for default judgment as to these defendants OR (2) enter into a stipulatio n with an attorney representing Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund that resolves plaintiffs' claims against those defendants. This matter is set for further Status Conference on 8/5/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
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Filing
80
ORDER signed by Senior Judge William B. Shubb on 7/10/2019 DENYING 77 Plaintiffs' Request to continue: A conference remains scheduled for 7/22/2019 at 1:30 p.m. At that conference, counsel should be prepared to discuss the pending Motion for Entry of Final Judgment as well as how plaintiff plans to proceed with respect to the remaining defendants. (Kirksey Smith, K)
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Filing
76
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/9/19 CONTINUING hearing as to 58 Motion for Attorney Fees to 8/26/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
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Filing
69
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/30/19 CONTINUING the 6/17/19 hearing re 58 Motion for Attorney Fees to 7/15/2019 at 01:30 PM, with any and all deadlines conforming to the new date. The Pretrial Conference is CONTINUED to 7/22/2019 at 01:30 PM. (Mena-Sanchez, L)
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Filing
56
MEMORANDUM, OPINION and ORDER signed by Senior Judge William B. Shubb on 4/9/19 GRANTING 40 Motion for Summary Judgment as to Frank M. Perri and Perri Electric, Inc. only. (Coll, A)
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Filing
39
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/20/19 CONTINUING deadline for Defendants to disclose expert witness reports to Plaintiffs to 2/27/2019; The deadline for all Parties to complete expert discovery shall be extended 3/13/2019. All other deadlines in the Court's prior Order dated 1/25/19, shall remain in full force and effect. (Mena-Sanchez, L)
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Filing
36
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/25/19 ORDERING that the deadline to disclose expert reports shall be retroactively extended to 1/4/2019. The deadline for all Parties to conduct expert discovery shall be exten ded to 3/6/2019. The deadline for all Parties to hear dispositive motions shall be extended to 4/8/2019 Final Pretrial Conference continued to 6/10/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Trial continued to 8/13/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Defendants shall have three (3) business days to file and serve the Amended Answer. (Kaminski, H)
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Filing
34
ORDER signed by Magistrate Judge Allison Claire on 1/14/2019 DENYING 32 Stipulation to Continue Certain Deadlines. (Huang, H)
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Filing
28
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/4/2018 ORDERING that the time for the parties' disclosure of principal experts' reports, in accordance with Federal Rule of Civil Procedure 26(a)(2), is EXTENDED to 12/21/2018. All other dates in the court's 20 pretrial scheduling order, as amended by ECF Nos. 22 and 26 , shall remain unchanged. (Zignago, K.)
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Filing
26
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/20/2018 ORDERING the scheduling deadline AMENDED as follows: Disclosure of principal experts is EXTENDED to 12/3/2018; Disclosure of rebuttal experts is EXTENDED to 1/2/2019; Completion of all expert recovery is EXTENDED to 2/1/2019. All other dates in the 22 pretrial scheduling order shall remain unchanged. (Washington, S) Modified on 11/21/2018 (Washington, S).
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Filing
17
ORDER signed by Senior Judge William B. Shubb on 10/17/2017 DENYING 9 Defendants' Motion to Dismiss. (Kirksey Smith, K)
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